Terms & Conditions
Terms & Conditions
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS REGARDING THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE BETWEEN YOU AND EMERALD LAWNS SERVICES. PLEASE REFER TO THE SECTION ENTITLED “CLASS ACTION WAIVER.”
CUSTOMER ACKNOWLEDGMENT. Customer hereby acknowledges that Customer has read and fully understands the following terms and conditions which shall be deemed a binding part of Customer’s agreement with Emerald Lawns Services for lawn, tree and pest control services. Customer further acknowledges that these terms and conditions are a material inducement for Emerald Lawns’ agreement to enter into a contract with Customer for said services.
GUARANTEED RESULTS/SERVICE CALLS. Work is guaranteed for qualifying customers. Emerald Lawns enacts its guarantee through free return visits within 30 days of the service received. To qualify, please follow our tree, pest, and lawn management recommendations and give the program of treatments a reasonable period of time to produce results. Having done so, and based on continuous non-interrupted service on one of the Emerald Lawns programs, Emerald Lawns promises you will see substantial weed reduction, turf damaging insect control in lawns (when customer subscribes to turf damaging insect control services and they are paid for or as part of inducement to buy a lawn program), healthy lawn color (except under drought conditions or improper water coverage from irrigation systems) and freedom from covered pests (structural pest control programs). Customers must be signed up to receive the following number of applications for the service in question:
- 6+ Lawn Fertilization applications
- 6 Pest Control applications
- 5+ Tree & Shrub Fertilization applications
- 5+ Mosquito applications
- 4 Flea & Tick applications
- 2 Fire Ant applications
SERVICE DETAILS. The Emerald Lawns team will bring all necessary labor, materials and equipment to perform the services. Services are typically applied between 7:00 am and 5:00 pm Monday through Friday, unless otherwise specified.
- Most services occur every 4 to 7 weeks.
- On the day of the visit, customers should unlock the necessary gates and put away any pets that free range in the lawn, prior to a service on the property.
- Pest Control visits inside the home require an adult to be present on the property while an Emerald Lawns team member is inspecting/applying treatments.
PAYMENT TERMS. Payments are due 14 days after the service is rendered. A credit card is required on file for autopay. Any service over $300 requires 50% payment up front.
CONTINUOUS SERVICE. To optimize the effectiveness of your plan, your plan continues from year to year without any action on your part. This includes any services purchased initially or added at a later time. At the end of each calendar year, we will remind you that your plan will resume in the coming year. Remember, your plan will continue unless you contact us at (512)990-2199 or email service@emeraldlawnsaustin.com to skip, reschedule, or cancel. Either you or Emerald Lawns may cancel service of your plan at any time, subject to your obligation to pay for all services previously provided. (See Payment Terms). In the event a customer that has prepaid for a service needs to cancel, all they must do is contact the office before the treatment is applied. Refunds will be applied in the same method they are received.
Please note: Some Emerald Lawns treatments utilize products with a labeling requirement for watering-in. You agree that if the information emailed to you following the treatment by Emerald Lawns instructs you to water in that treatment – you will do so.
LIMITED WARRANTY. Both parties agree that in the event of failure of this product or service, the sole and exclusive remedy available to you the customer shall be the refund of the cost of services provided under this agreement or a repeating of the service delivered, at the discretion of Emerald Lawns.
CONTACT INFORMATION. To the extent allowed by law, by providing your phone number to Emerald Lawns Services, you expressly consent for Emerald Lawns Services, along with its agents and affiliates, to contact you by telephone, including through the possible use of an automatic telephone dialing system or other automated technology, text and pre-recorded message, with offers and other information regarding Emerald Lawns Services’ products and services. You expressly consent to be contacted through such means at the telephone numbers (including wireless numbers) you provide to Emerald Lawns. You represent and warrant that any mobile or wireless telephone number you provide belongs to you and is associated with a mobile device in your possession. You will notify Emerald Lawns if your mobile or wireless telephone number changes. Consent is not a requirement of purchase.
AGREEMENT This document constitutes a valid agreement between you and Emerald Lawns Services. The rights and obligations created hereunder shall be binding upon you and Emerald Lawns and their respective successors. Emerald Lawns Services shall further have the right to assign any of its rights and obligations to another company. No other person shall acquire or have any rights under or by virtue of these Terms & Conditions.
MODIFICATIONS. Emerald Lawns Services reserves the right to revise its Terms & Conditions from time to time. You will be notified of any changes and agree that your continued use of Emerald Lawns Services after receiving such notice constitutes acknowledgment and willingness to be bound by the revised terms and conditions.
WAIVER; SEVERABILITY. It will not be considered a waiver of Emerald Lawns Services’ rights if Emerald Lawns fails to enforce any of these Terms or Conditions. In the event a court finds a provision in this Agreement to not be valid, you and Emerald Lawns Services agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid and enforceable.
SURVIVAL. The terms and provisions contained herein that by their nature and content are intended to survive the performance of Emerald Lawns Services’ obligations shall so survive the completion of the performance, expiration and termination of this Agreement.
LIMITATION OF LIABILITY. Emerald Lawns Services’ entire liability and your sole and exclusive remedy for any and all losses and damages for any cause of action arising out of services provided to you by Emerald Lawns Services shall be limited, at Emerald Lawns Services’ option and in Emerald Lawns Services’ sole discretion, to a refund of payment(s) for the service(s) at issue, or, the repair of your lawn as determined by Emerald Lawns Services in its sole discretion. In no event shall Emerald Lawns Services be liable for any loss, liability, damage or expense in an amount in excess of your annual total investment, customer expressly waives any and all rights to claim any additional damages, including but not limited to: any loss of use or profits, loss of business, loss of business reputation, expenses or costs arising from or alleged to arise from business interruption, damage to real or personal property, and for consequential, incidental, indirect, punitive, or special negligence, tort, strict liability, breach of contract, breach of warranty or other breach of duty by Emerald Lawns services.
GOVERNING LAW – VENUE. All disputes between you and Emerald Lawns Services shall be governed by Texas state law and resolved exclusively in the state or federal courts located in Williamson County, Texas.
CLASS ACTION WAIVER. To the fullest extent permitted by law, customer expressly waives any and all rights to make a claim for damages as a class member in any class action or as part of a plaintiff group. You and Emerald Lawns Services agree that each may bring claims against the other only in your or its individual capacity and not as a member of any class or as part of a class or representative action. Unless you and Emerald Lawns Services agree, a court may not consolidate any dispute between us with disputes involving other people OR PARTIES.
WE LOOK FORWARD TO TREATING YOUR LAWN LIKE OUR OWN!