Terms of service

Terms of Service for The Grounds Keeper

Last Updated: May 29, 2025

Please read these Terms of Service ("Terms," "Terms of Service") carefully before using the services offered by The Grounds Keeper ("us," "we," or "our").

Your access to and use of our services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use our services.

By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access our services.

1. Services

The Grounds Keeper provides a range of lawn care and grounds maintenance services ("Services"). The specific scope of Services to be provided will be detailed in a separate agreement, estimate, or work order agreed upon by you ("Customer," "you," "your") and The Grounds Keeper. This may include, but is not limited to:

  • Lawn mowing, edging, and fertilization

  • Garden bed maintenance, weeding, and planting

  • Shrub and small tree trimming and pruning

  • Leaf removal and general yard clean-up

Any changes or additions to the agreed-upon Services must be mutually agreed upon in writing (email acceptable) and may result in adjustments to the cost.

2. Estimates and Payment

  • Estimates: We will provide you with an estimate for the agreed-upon Services. This estimate is based on the information you provide and our assessment of the property. Significant changes to the scope of work or unforeseen conditions may necessitate a revision of the estimate, which will be communicated to you for approval before additional work is performed. 

  • Payment Terms: Payment for Services is due upon completion of the work, unless otherwise agreed upon in writing. For ongoing maintenance services, a regular billing cycle (e.g., monthly) will be established.

  • Accepted Payment Methods: We accept online payment, checks or Venmo.

  • Late Payments: Payments not received by the due date may incur a late fee of 1.5% per month or the maximum amount permitted by law. We reserve the right to suspend or terminate services for overdue accounts.

  • Returned Checks/Payments: A fee of $35 will be charged for any returned checks or failed electronic payments.

3. Scheduling and Access

  • Scheduling: We will work with you to schedule Services at a mutually convenient time. We will make reasonable efforts to adhere to the schedule, but please understand that weather conditions or other unforeseen circumstances may necessitate rescheduling. We will notify you as soon as possible if rescheduling is necessary.

  • Access to Property: You agree to provide The Grounds Keeper with safe and unobstructed access to the areas of your property where Services are to be performed during the scheduled service times. Please ensure pets are secured and any potential hazards are removed or clearly identified.

  • Gates/Locks: If access requires passing through locked gates, you will need to provide us with a key, code, or ensure the gate is unlocked on service days. We are not responsible for damages resulting from our need to access locked areas if arrangements have not been made.

4. Customer Responsibilities

  • Clear Work Area: Please ensure the work area is free of debris, toys, pet waste, and other obstructions prior to our arrival. Additional charges may apply if significant clearing is required by our team.

  • Watering: Unless otherwise specified as part of our Services, you are responsible for appropriate watering of your lawn and plants.

  • Notification of Issues: Please notify us within 24-48 hours of any issues or concerns regarding the Services performed.

  • Underground Utilities and Obstructions: You are responsible for clearly marking or informing us of the location of any private underground utilities, irrigation systems, invisible fences, or other hidden obstructions on your property. The Grounds Keeper is not responsible for damage to unmarked or improperly marked items. We will contact 811 or the relevant utility locating service for public utilities as required by law.

5. Cancellations and Rescheduling by Customer

  • Cancellation Policy: We request at least 48 hours notice if you need to cancel or reschedule a Service. Cancellations made with less notice may be subject to a cancellation fee of $25 or 20% of the service fee.

  • Ongoing Maintenance: For ongoing maintenance agreements, please provide 30 days written notice if you wish to terminate the agreement.

6. Our Commitment and Limitations

  • Quality of Work: We strive to provide high-quality services performed in a professional and workmanlike manner.

  • Plant Material: While we take care in our work, we cannot guarantee the survival or health of plant material, as this can be affected by factors beyond our control (e.g., weather, soil conditions, pests, diseases, watering practices).

  • Damage: We will exercise reasonable care to avoid damage to your property. In the unlikely event of damage caused by our negligence, please notify us immediately. Our liability for such damage will be limited to the reasonable cost of repair or replacement of the damaged item, at our discretion. We are not responsible for pre-existing damage or conditions.

  • Weather: Lawn care services are weather-dependent. We reserve the right to reschedule services due to inclement weather (e.g., heavy rain, extreme heat, high winds, smoke, lightning).

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE GROUNDS KEEPER, ITS OWNERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

8. Indemnification

You agree to defend, indemnify, and hold harmless The Grounds Keeper and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

9. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account or ongoing services, you must notify us in accordance with the cancellation policy outlined in Section 5.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of law provisions.

11. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services provided shall first be attempted to be resolved through good-faith negotiation between the parties. If a resolution cannot be reached through negotiation, the parties agree to submit the dispute to mediation with a mutually agreed-upon mediator in Bend, Oregon. If mediation is unsuccessful, the dispute shall be resolved by binding arbitration in Bend, Oregon, in accordance with the rules of the American Arbitration Association.

12. Changes to Terms of Service

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

13. Entire Agreement

These Terms, together with any estimates, work orders, or other written agreements signed by both parties, constitute the entire agreement between you and The Grounds Keeper regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.

14. Contact Us

If you have any questions about these Terms, please contact us:

The Grounds Keeper at info@thegroundskeeper.net

541-480-2001