This Agreement (the “Agreement”) is entered into and made effective the day of service (the “Effective  Date”), by and between YOU, THE CLIENT, with your service address (the “Client”) and BOISE RIVER LAWNS, (the  “Company” or the “Contractor”). The Client and the Company shall collectively hereinafter be known as the “Parties”  or “Party,” as applicable. 

WHEREAS, the Company offers landscape and property maintenance services, as well as Spring & Fall  Cleanups, Fertilizer Applications, Sprinkler work, de-ice using rock salt and limited pressure washing services, topsoil dressing service and debris removal, reserved to lawn debris, and the Client desires to employ the Company to perform such services in connection with the details outlined herein; The services that the client selects. 

WHEREAS, this Agreement is intended to outline the terms and conditions applicable to the service aspects of such business relationship between the Parties.  

NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, for good  and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto  covenant and agree as follows: 

  1. DESCRIPTION OF SERVICES. Beginning with the first service, after the Effective Date of this  Agreement, the Company will use its professional knowledge and skills to provide lawn maintenance services to the  Client on a weekly/ bi-weekly or monthly basis, with other services provided as needed (the “Services”) at the residential property located at the service property you enter into the system, (the “Property”). The Client warrants and represents that the Client either owns the Property or holds the authority to engage the Company for the Services requested in connection with the Property. The Services shall generally be performed on a weekly or bi-weekly basis except during certain seasonal times of the year when the Company, in its sole discretion and knowledge, believes that the performance of the Services will be a detriment to and compromise the health of the lawn.  During these seasonal periods, the Company may provide the Services on a semi-monthly basis or other schedules as determined by the Company.
  2. COMPANY RESPONSIBILITIES. The Company shall maintain the lawn of the Client by mowing,  weed eating, and trimming at the Property. Additionally, when necessary, the Company shall install render services at the Client’s request as necessary. The Company shall be financially responsible for replacing only those irrigation heads that are destroyed during the performance of the Services if proof of damage can be provided that Boise River  Lawns is at fault or responsible. All other broken irrigation heads shall be the responsibility of the Client. Any spraying of chemicals used in weed control shall be done so under the appropriate permits, training, and/or certification, as applicable, by the Company. You, the Client, will ensure all debris, rocks and damaging objects, including children’s toys, hard plastics and dog poop & bones, will be clear and free off the property at the time we arrive to do service. Boise  River Lawns and its insurer will not be responsible for damages as a result of these items being on the lawn under any circumstances.  
  3. LANDSCAPE SERVICES UNDER $2,000. The Company may provide basic landscape services if requested by the Client with both Parties acknowledging that the cost for such landscape work would be outside of this Agreement (but may be invoiced along with the Services) and would involve labor and materials costs in addition to the Compensation for the Services agreed upon herein. The Parties shall work together to implement a landscape design within the Client’s budgetary guidelines and which complies with any and all state, city, and/or local regulations. It shall be the responsibility of the Company to have a full understanding and abide by such regulations and any “call before you dig” specifications and designs that may need to be submitted before a zoning committee or other governmental agency for approval.  Additionally, the Parties desire that the landscape incorporate native and bee-friendly [bee-friendly may be excluded if there are concerns for safety/allergies or not allowed under regulations] plants/vegetation as much as reasonably allowable within the design. Boise River Lawns reserves the right to change this agreement at any time, if the company grows and assumes these responsibilities.
  4. COMPENSATION. In consideration for the Services, the Client shall pay the Company a fee in the starting amount of $45.00 for each visit under the Standard Residential plan, $85.00 per man hour for each visit for the Residential Premier services, as well as the Services (the “Compensation”) specified on the website at https://boiseriverlawns.com/pricing. Lawn Mowing Service is not reserved to $45.00 per visit for all stops. The listed price is the starting price for lawn mowing service for properties that are 1/4th acre or less. The Company shall e-mail an invoice to the Client for the Compensation due for that current month’s Services if the Client does not establish online payment through Jobber, the Company’s contracted Software vendor. The invoice shall be paid by the Client to the Company by the 5th day of the following calendar month. Should the Client fail to pay two (2)  consecutive months’ worth of invoices, the Company may assess a ten percent (10%) penalty fee and/or consider termination of this Agreement. The Client agrees to pay for services rendered. This is enforceable at Boise River  Lawns’ consideration.  
  5. STAFF. The Company may assign a team of employees or contractors (“Employees” or “Employee”  as applicable) to perform the Services. The Company reserves the right to change any Employee assignment and substitute another Employee at any time due to illness, staffing changes or other emergencies. The Employees shall be allowed a 15-minute break for every four (4) hours of work and one-half hour (1/2) for a lunch break should the  Services last over six (6) hours. No smoking is allowed by the Employees except in an outside location reasonably away from any of the Client’s windows or doors.  
  6. CANCELLATION. The Client is not under a contractual obligation to remain with Boise River Lawns and is free to cancel at any time. Boise River Lawns reserves the right to terminate the business relationship with the client, with or without cause. The Company is also free to cancel services for the Client at any time, for any reason, with or without cause. In the event the Client terminates the business relationship once material and labor have been resourced to the Client’s job, Boise River Lawns is entitled to offset expenses (labor and materials)  provided on the job. 
  7. LAWS AND PERMITS. The Company shall be responsible for the acquisition of all state, county,  city, and/or municipality licenses and/or permits required to provide the Services. 
  8. BACKGROUND CHECK; CRIMINAL RECORD. The Company affirms that all employees and direct  1099 contractors(“Employees”) have been fully vetted and passed a background check, along with any international,  federal, state, and local searches deemed necessary. Additionally, for purposes of federal immigration law, all  Employees have provided the Company with documentary evidence of identity and eligibility for employment in the  United States. 
  9. RELEASE. The Client hereby assigns the Company an irrevocable and unrestricted right to use and publish photographs of the Property for editorial, trade, advertising, educational, and any other purpose and in any manner and medium; to alter same without restriction; and to copyright same. The Client releases all claims to profits that may arise from the use of any images. The Company shall not use any images in which people appear. If you wish to revoke consent, you must do so in writing. Verbal requests will not be considered or enforceable. 
  10. LICENSE AND INSURANCE. The Company shall be licensed and approved for doing business in the state, county, city, and/or municipality of the Services provided. Additionally, the Company shall be insured and/or bonded as to its services. The Company acknowledges and agrees that this information may be subject to verification by the Client prior to the initiation of the Services. The Company shall cooperate fully in providing the Client with the requested supporting documentation. The Company shall maintain a policy(ies) of commercial general liability insurance with limits of liability of not less than Five Hundred Thousand Dollars ($500,000) per occurrence and One Million Dollars ($1,000,000) in the aggregate providing coverage for, among other things, commercial auto and worker’s compensation (or alternatively, a business owners’ policy which covers general liability and commercial property insurance). All insurance required to be maintained by the Company pursuant to this Agreement shall be maintained with responsible companies qualified to do business, and in good standing, in the state of Idaho. If the Company cannot or will not provide evidence of the appropriate insurance coverage within five (5) business days of the Effective Date herein, this Agreement shall terminate at that time.
  11. FORCE MAJEURE. Neither Party shall be held liable or responsible to the other Party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement to the extent, and for so long as, such failure or delay is caused by or results from causes beyond  the reasonable control of the affected Party including but not limited to fire; floods; embargoes; war; acts of war  (whether war be declared or not); acts of terrorism; insurrections; riots; civil commotions; strikes; lockouts or other  labor disturbances; military disturbances; shortage of supply; acts of God; loss or malfunction of utilities,  communications or computer (software or hardware) services; or acts, omissions or delays in acting by any  governmental authority or the other party. A Party claiming the benefit of this provision shall, as soon as reasonably  practicable after the occurrence of any such event, (a) provide written notice to the other Party of the nature and  extent of any such Force Majeure condition; and (b) use commercially reasonable efforts to remove any such causes  and resume performance under this Agreement as soon as reasonably practicable.  
  12. TERMINATION. This Agreement shall terminate upon the occurrence of any of the following: (i) in the event either Party defaults in any material obligation owed to the other Party pursuant to this Agreement, then this Agreement may be terminated if the default is not cured following five (5) days written notice to the defaulting party and/or (ii) the Company becomes bankrupt or insolvent, or bankruptcy or insolvency proceedings are instituted against the Company and the proceeding is not dismissed within sixty (60) days of commencement. 
  13. DISPUTES – MEDIATION AND ARBITRATION. All parties must attempt to resolve the dispute in good faith. No claims for damages may be requested by the Client outside tangible damages, with direct evidence linking the claim of damage to Boise River Lawns. In the event the agreement is terminated due to a dispute, Boise  River Lawns is entitled to offset expenses (labor and materials) provided on the job. Before a legal claim may be filed or a demand is presented for damages, the Client will give Boise River Lawns the opportunity to repair the damages or discrepancy by providing reasonable written notice. Failure to provide written notice within 3 days of the contract termination or the time of damage, renders the dispute void and unenforceable. If Boise River Lawns is not afforded the opportunity to fix the claim of damage, the Client’s claim is rendered void and unenforceable, and  Boise River Lawns is entitled to full legal fees spent to resolve the dispute, regardless of if the dispute’s timeline or placement in the legal process. Any legal dispute, claim, or controversy arising from or relating to this Agreement must exclusively be resolved first by mediation with a single mediator selected by Boise River Lawns, with such mediation to be held in Canyon County, Idaho or Ada County, Idaho. If such mediation fails, then any such dispute shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration  Association in effect at the time the arbitration proceeding commences, except that (a) Idaho law and the Federal  Arbitration Act must govern construction and effect, (b) the locale of any arbitration must be in Canyon County, Idaho, and (c) the arbitrator must with the award provide written findings of fact and conclusions of law. Any Party may seek from a court of competent jurisdiction any provisional remedy that may be necessary to protect its rights or assets pending the selection of the arbitrator or the arbitrator’s determination of the merits of the controversy.  The exercise of such arbitration rights by any Party will not preclude the exercise of any self-help remedies (including without limitation, setoff rights) or the exercise of any non-judicial foreclosure rights. An arbitration award may be entered in any court having jurisdiction.
  14. APPLICABLE LAW. This Agreement shall be construed and governed by the law of the state of  Idaho, without regard to principles of conflicts of law. 
  15. MISCELLANEOUS. Boise River Lawns will not be responsible for animals or pets by a property owner, a tenant, a homeowner, a visitor, a guest or any applicable mention thereof. We assume no responsibility for the safety, well-being, control and security of animals or pets, in any fashion, on our contracted job sites. It will be the full responsibility of the animal or pet’s owner to properly contain the animal or pet while we are on the job site or contracted to work on the job site. Boise River Lawns does not assume responsibility if pets escape their enclosures, yards, kennels, etc., and will not be responsible if the animal or pet escapes from their enclosure or the property. Boise River Lawns may be contracted to grade property, remove debris, or remove fencing that might have been previously used to contain animals. At the time of service, whether it be landscape management, maintenance or a landscape construction job, it is the animal or pet owner’s full responsibility to ensure animals or pets are safely secured. It shall also be the animal or pet’s full responsibility to ensure that gates are closed, or the property is properly secure for the safe roaming of animals or pets. Boise River Lawns will not be responsible for faulty gates latching or not latching, open gates, holes under the fence or gaps under the fence, gaps on the side of the fence nor responsible in any way for animals or pets on the job site. If the full acknowledgment is not agreed and understood, please do not sign this agreement or enter into a contract with Boise River Lawns. This acknowledgment applies to the contracted job site, regardless of who signs the agreement. This acknowledgment certifies that all claims related to animals or pets will be dismissed in an arbitrary, mediation, or another legal or official court setting and the claimant will not pursue a claim or remedy related to any animal or pet. [Updated November 9, 2022]
  16. No Waiver. The failure of a Party to require strict performance of any provision of this  Agreement by the other, or the forbearance to exercise any right or remedy, shall not be construed as a  waiver by such Party of any such right or remedy or preclude any other or further exercise thereof or the exercise of any other right or remedy. 
  17. Severability. The invalidity or unenforceability of any provision of this Agreement does not affect the validity or enforceability of any other provision of this Agreement. 
  18. Entire Agreement; Amendments. This Agreement has been freely negotiated and contains the entire understanding between the Parties for the Services outlined herein. The Parties acknowledge that they have read and understand the terms contained herein and agree to same. This  Agreement supersedes all prior agreements, representations, or understanding (whether written, oral,  implied, or otherwise) between the Parties. These terms may not be amended or modified, in whole or in part, except by an express written agreement between the Parties. 
  19. Headings. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning of any provision of this Agreement. 
  20. Counterparts; Facsimile and Electronic Signatures. This Agreement may be executed in counterparts, all of which together shall constitute one and the same agreement. Any electronic signature shall have the full weight and authority as an original signature on this Agreement. Additionally, any signature page delivered electronically or by facsimile shall be binding to the same extent as an original signature page with regards to any agreement subject to the terms hereof or any amendment hereto.
  21. State of Idaho Disclosures for Landscape Projects and Property Improvements. 

GENERAL CONTRACTOR RESIDENTIAL PROPERTY DISCLOSURE ______Boise River Lawns________(“General  Contractor”) provides to __________You, the Client ________ (Property Owner(s) or Purchaser(s)”) this disclosure  statement as required under Idaho Code § 45-525.  

In connection with a contract to construct, alter or repair improvements on residential property or a contract to  sell newly constructed residential property, general contractors are required to advise homeowners or residential  property purchasers of their rights under Idaho Code § 45-525:  

  1. The right, at the reasonable expense of the homeowner or residential real property purchaser, to require that the general contractor obtain lien waivers from any subcontractors providing services or materials to the general contractor.  
  2. The right to receive from the general contractor proof that the general contractor has a general liability  insurance policy including completed operations in effect and proof that the general contractor has  worker’s compensation insurance for his employees as required by Idaho law:  
  3. The right and opportunity to purchase an extended policy of title insurance from a title insurance company that would provide insurance coverage covering certain liens which may be unfilled or unrecorded; and 4. The right to require at the homeowner or residential real property purchaser’s expense, a surety bond in an amount up to the value of the construction project.  

Acknowledgment by _______You, the Client_________; the homeowner(s) or residential real property purchaser(s), hereby acknowledge(s) receipt of a copy of this General Contractor Residential Property Disclosure. 

CONTRACTOR RESIDENTIAL PROPERTY DISCLOSURE OF SUBCONTRACTORS, MATERIAL MEN AND RENTAL  EQUIPMENT SUPPLIERS 

GENERAL CONTRACTOR NAME __________________________Boise River Lawns__________________________ PROPERTY ADDRESS OR LEGAL _____The Listed Property Address Provided to Boise River Lawns _____________ HOMEOWNER/PURCHASER NAME(S) ___________You, the Client_________________  DATE _________The Listed Date of Service, Date of Signed Acknowledgement________ This written disclosure statement is provided by _____________Boise River Lawns_____________, (General  Contractor) to ___________You, the Client (owners, renters, etc.)_____________ pursuant to Idaho Code § 45- 525(3)(b). The following subcontractors, materialmen, and/or rental equipment suppliers may have a direct contractual relationship or a working partnership with Boise River Lawns, the Contractor, and have supplied labor,  materials, or rental equipment of a value in excess of $500 in connection with the work performed at the above referenced residential construction project.

BY SIGNING THE PROPOSAL (Quote/ Estimate), the Parties have executed this Agreement as identified  below and as of the Effective Date of this Agreement is considered binding. By signing electronically through our  Jobber software, that signature binding to this agreement and you acknowledge that you have read and fully  agree to the terms and conditions, acknowledgements and all material provided in this document. 

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