Legal/Terms of Use

Horstman & Company, LLC; DBA: Horstman & Co. Landscaping

Operating Agreement – Terms and Conditions

By paying for our services and/or utilizing our services you agree to all of the following terms and conditions:

Provider.

“Provider” used throughout this agreement is referencing Horstman & Company, LLC, its trade name(s), associates, employees, owners, and contractors.

Client.

“Client” used throughout this agreement is referencing the individual(s) who are/have seeking to hire, hired, seeking to contract, contracted, or utilize the services of the Provider.

Outcomes.

While provider will attempt to protect and preserve the property, grass, and landscaping, the Provider will be operating machinery (mowers, tractors, implements, etc.) on Client's property, the Provider will not be held responsible for uneven cuts that he/she attributes to wet grass, uneven surface, or any other variable outside of his/her control. 

Line trimmers can leave marks, scratches, cuts, rubs, and minor scuffs to building, fences, pipes, culverts, or any other materials near the cutting area. While the Provider will attempt to keep these from happening, and minimize them when they do, the Provider will not be held responsible for damages or claims for any of the aforementioned instances occurring.

Furthermore, Provider shall not be responsible for any claims or damages associated with ruts, rubs, or divots, or any other damages caused by operating machinery or performing any work on the Client's property.

Maximum Damages.

Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the “Total Cost of Services” provided by Provider.

Indemnification. 

Client agrees to indemnify, defend, and hold harmless Provider and its affiliates, employees, agents, and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Provider provides to Client.

Failure to Perform Services. 

In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will: immediately give Notice to Client via the Notice provisions detailed in this Agreement. In this event, Provider will not be held responsible for expenses, costs, or time of Client associated with Service.

Planting, Installation, and/or Delivery of Live Flora (plants, shrubs, trees, etc.)

Provider will attempt to provide and preserve the highest quality plant life through vendor and item selection, transport, storage, and planting practices. However, Provider shall not be held responsible for the health, durability, life, or heartiness, of plants, trees, or any other flora that he/she provides to the Client. 

Cancellation, Rescheduling of Services, or No-Show Client.

If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Provider to render Services due to the fault of the Client or parties related to Client, Client shall provide notice to Provider as soon as possible via the Notice provisions detailed in this Agreement. Provider has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Provider to provide the Services due to the fault of Client (or parties related to Client), and Provider will not be obligated to refund any monies Client has previously paid towards the Total Cost. 

Cancelation (Continued)

Cancelation on behalf of the Client will require full payment of all completed work and will result in a 25% cancelation fee of the remaining total cost of uncompleted work. Furthermore, if Provider desires to cancel Services for any reason on the part of the Provider, Provider shall be free to cancel at any time. If Provider has been given monetary compensation for Services and cancellation is no fault of the Client, Provider shall refund Client the remaining paid, but un-used balance. However, Provider shall not be liable for any other claims of refund.

Total Cost of Services.

“Total Cost” or “Total Cost of Services” described throughout this agreement is referring to the total invoice or estimate cost. This does not include past services or other invoices.

Notice Provisions.

Provider and Client shall give notice to one another when required by agreement by one of the following: telephone call, text message, or E-Mail.

Breach of Agreement.

Should either party default in their obligations outlined in this agreement. Attempts at rectification shall be permitted and sought after so long as both parties agree in the course of rectification. However, if a mutually agreed rectification cannot be obtained. Parties shall resort to arbitration and must first attempt to resolve their issues through a common legally recognized arbiter before perusing litigation.

Photos/Marketing.

In the interest of continued commerce, Provider shall be granted the opportunity to take before/after photos and/or video of Client’s property. Provider shall also be free to publish this media content on social media, web, or other media.

Service Dates/Times.

The Provider will attempt to accommodate Client’s desired service schedule. However, Provider may alter service dates/times without warning depending on weather and Provider’s schedule. In the case that Client opts out of routine service visit, additional charges may be added for reschedule and/or overgrowth.

Severability.

If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

General Provisions/Governing Law.

The laws of Oklahoma govern all matters arising out of or relating to this Agreement.

Merger. 

This Agreement constitutes the final, exclusive agreement between the parties relating to Event and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendment. 

The parties may amend this Agreement only by the parties’ written consent via proper Notice.