1 Introduction

This Customer Contract (“Contract”) is entered into by and between Sommer Lawn & Landscape, LLC (“Service Provider”), a limited liability company organized and existing under the laws of Kansas, and the undersigned customer (“Customer”), collectively referred to as the “Parties” and individually as a “Party”. This Contract sets forth the terms and conditions under which the Service Provider will provide lawn care and landscaping services to the Customer. The effective date of this Contract is the date of the last signature below.

2 Definitions

For the purposes of this Customer Contract (“Contract”), the following terms shall have the meanings ascribed to them below:

“Service Provider” means Sommer Lawn & Landscape, LLC, a company organized and existing under the laws of Kansas, providing lawn care and maintenance services.
”Customer” means the individual or entity that has entered into this Contract with the Service Provider for the receipt of services.
”Services” means any and all lawn care and maintenance services provided by the Service Provider to the Customer under the terms of this Contract.
”Contract” means this Customer Contract, including all its schedules, exhibits, attachments, and amendments, entered into between the Service Provider and the Customer.
”Party” or “Parties” means individually or collectively, the Service Provider and the Customer, as the context requires.

3 Scope of Services

The Service Provider shall provide the Customer with lawn mowing, lawn care, and such other additional outdoor services (collectively, the “Additional Services”) as may be agreed upon by the Parties in writing. The scope of Services to be provided under this Contract shall include, but not be limited to, the aforementioned services, and shall be performed in a professional and workmanlike manner according to the standards of the industry.

All Services shall be performed at such times and in such manner as agreed upon by the Parties. In the event of any inconsistency between the description of the Services provided herein and any subsequent agreement or amendment, the terms of the subsequent agreement or amendment shall prevail.

4 Payment Terms

The Customer agrees to pay the Service Provider for the Services provided under this Contract in accordance with the following terms:

Payment shall be due upon completion of service. Customer shall be charged and provided an invoice from the Service Provider.
All payments shall be made in United States dollars (USD) via credit card or debit card.
Invoices will detail the Services provided and the total amount due.
If the Customer requires Additional Services, such services will be billed separately, and payment for these services will be due as specified in the invoice for such Additional Services.
Late payments by the Customer will incur a late fee of 1.5% per month on the outstanding balance.
The Customer is responsible for all taxes, levies, or duties imposed by taxing authorities, and the Customer shall pay such amounts in addition to the amounts due for Services provided.
In the event of a dispute concerning an invoice, the Customer must notify the Service Provider in writing within fifteen (15) days of receipt of the invoice, specifying the reasons for the dispute. Payment of the undisputed portion of the invoice is not to be withheld.
The Service Provider reserves the right to suspend Services if payments are not received within the specified timeframe.

5 Term and Termination

This Contract shall commence on the Effective Date and shall continue in full force and effect until terminated by either Party in accordance with the provisions of this clause. The “Effective Date” shall be the date on which the last Party signs this Contract.

Either Party may terminate this Contract by providing the other Party with thirty (30) days’ written notice. Upon termination, the Service Provider shall cease providing the Services, and any Additional Services agreed upon, and the Customer shall pay for all Services rendered up to the date of termination.

In the event of a breach of this Contract by either Party, the non-breaching Party shall have the right to terminate this Contract immediately upon written notice to the breaching Party. The non-breaching Party’s right to terminate this Contract shall be in addition to any other rights and remedies available under the law or in equity.

Upon termination of this Contract for any reason, each Party shall return to the other Party all property, documentation, records, and Confidential Information (as defined below) that is the property of the other Party.

6 Liability Limitations

Notwithstanding any other provision of this Contract, the liability of the Service Provider to the Customer for any claim whatsoever related to the Services, including any claim based on breach of contract, negligence, product liability, or any other theory of liability, shall be limited to the total amount paid by the Customer to the Service Provider under this Contract for the Services that are the subject of the claim. This limitation shall apply regardless of whether the cause of action or claim is brought in contract, tort, or any other legal theory.

Furthermore, in no event shall the Service Provider be liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to, loss of profits, business interruption, or loss of information, arising out of or in connection with the Services, even if the Service Provider has been advised of the possibility of such damages.

The limitations of liability set forth in this clause shall survive the termination or expiration of this Contract.

7 Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to this Contract, or the breach, termination, or invalidity thereof (“Dispute”), the Parties shall attempt to resolve the Dispute through good faith negotiations within thirty (30) days from the date on which one Party notifies the other Party in writing of the Dispute.

The Parties agree that any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither of the Parties shall have the authority to consolidate any disputes with those of other parties any claims as a representative or member of a class or in a private attorney general capacity.

8 Confidentiality

Each Party (the “Recipient”) agrees to maintain the confidentiality of all Confidential Information received from the other Party (the “Discloser”) during the term of this Contract and for a period of five (5) years after its termination. Confidential Information shall not include information that:

is or becomes publicly known through no fault of the Recipient;
is received from a third party without breach of any obligation of confidentiality;
was independently developed by the Recipient without use of the Discloser’s Confidential Information; or
is required by law to be disclosed, provided that the Recipient gives the Discloser prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.

The Recipient shall use the same degree of care to protect the Confidential Information as it uses to protect its own confidential information of like kind, but in no event less than reasonable care. The Recipient shall only disclose Confidential Information to its employees, agents, or consultants who have a need to know such information in connection with the Services and who are bound by confidentiality obligations at least as restrictive as those contained herein.

Upon termination of this Contract, or upon the Discloser’s written request at any time, the Recipient shall promptly return or destroy all copies of Confidential Information received from the Discloser, except as required to comply with any applicable legal or accounting record keeping requirement.

Any unauthorized disclosure of Confidential Information by the Recipient may cause irreparable harm to the Discloser, and in such event, the Discloser shall be entitled to seek appropriate equitable relief, including injunction and specific performance, as a remedy for any such breach, in addition to all other remedies available at law or in equity.

9 Compliance with Laws

Both the Service Provider and the Customer shall, in the performance of their respective obligations under this Contract, comply with all applicable federal, state, and local laws, ordinances, regulations, and codes, including but not limited to those relating to environmental protection, labor, health and safety, and data protection. Each Party agrees to obtain and maintain at its own expense all necessary licenses, permits, and approvals required for the execution of its obligations under this Contract.

Furthermore, the Service Provider shall ensure that all Services and Additional Services provided under this Contract shall be performed in a manner that complies with all relevant legal and regulatory requirements applicable within the jurisdiction of Kansas. In the event of any changes to applicable laws, regulations, or guidelines that may affect the Services or Additional Services, the Service Provider agrees to promptly modify the affected Services to ensure compliance. The Customer agrees to provide reasonable assistance, as necessary, to facilitate the Service Provider’s compliance with such legal requirements.

Failure by either Party to comply with this clause may constitute a material breach of this Contract, entitling the other Party to terminate the Contract in accordance with the termination provisions set forth herein, in addition to any other remedies available at law or in equity.

10 Amendment and Modification

This Contract may be amended or modified only by a written document signed by both the Service Provider and the Customer. No amendment or modification of this Contract shall be effective unless it is in writing and signed by both Parties. This includes, but is not limited to, changes to the scope of Services, pricing, and any Additional Services to be provided under this Contract.

Any oral agreements, promises, negotiations, or representations not expressly set forth in this Contract are of no force and effect. Only a written amendment or modification, executed by the Parties, shall amend this Contract. This clause ensures that all changes to the Contract are formally documented and agreed upon, preventing misunderstandings and disputes regarding verbal agreements.

11 Assignment

The Service Provider may assign or transfer its duties and obligations under this Customer Contract to an independent contractor. The Service Provider shall inform, in writing, the Customer of the Service Provider’s intention to subcontract work, and Service Provider shall not be held liable for work that has been subcontracted.

12 Entire Agreement

This Contract constitutes the entire agreement between the Service Provider and the Customer and supersedes all prior understandings, agreements, representations, and warranties, both written and oral, regarding the Services. No amendment, modification, or supplement of any provisions of this Contract shall be valid or effective unless made in writing and signed by both Parties.

By entering into this Contract, the Customer acknowledges that it has not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of the Service Provider which is not set out in this Contract. Accordingly, the Parties agree that all representations, conditions, warranties, or other terms which might otherwise be implied by statute, common law, or the law of equity are hereby excluded to the fullest extent permitted by law.

13 Severability

If any provision of this Contract is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision or any other jurisdiction, but this Contract shall be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provision had never been contained herein.

14 Governing Law

This Contract shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to this Contract or the transactions contemplated hereby shall be instituted exclusively in the federal courts of the United States or the courts of the State of Kansas in each case located in the city and county where the Service Provider has its principal place of business. Each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

15 Services to be Provided

Services to be provided to Customer are as described in this document.