Landscaping Contract Template

Prepare a customized landscape service agreement to define the rights and responsibilities of both parties. Outline the scope, date, and payment terms of landscaping services.

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Last Update November 2nd, 2023

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Table of Contents:

What Does a Landscaper Do
How to Write a Landscaping Contract
Types of Landscaping Contract
Landscaping Contract Sample
Related Documents
Other Types of Service Contracts
FAQs About Landscaping Contracts

What Does a Landscaper Do

Landscapers are individuals hired to design, plan, and take care of gardens and parks in return for compensation. The primary purpose of landscaping is to create an aesthetically-pleasing outdoor space that matches the surrounding area.

Landscapers and landscaping businesses usually work on a contract basis, agreeing on the terms and dates of their work with each client. The main duties of a landscaper include:

Consulting with clients on landscape design and care.
Raking and removal of leaves.
Planting, transplanting, and maintaining flowers, plants, greenhouses, and nursery stock.
Installing ponds, decks, drainage systems, landscaping beds, gravel pathways fences, planters, playground equipment, rock gardens, outdoor furnaces, trees, hedges, and patios.
Gardening, and watering plants.
Land grading, irrigation, and material work.
Trimming shrubs, hedges, bushes, and trees.
Cutting overhanging tree limbs.
Identifying insect problems, weeds, and plant diseases.
Operating and preserving watering systems.
Fertilizing soil and applying pesticides.
Seeding, sodding, and caring for loans.

How to Write a Landscaping Contract

Creating a contract is an essential part of any successful landscape project.

A landscaping contract needs various key details in order to be legally binding and to ensure it holds up in court. Having all the necessary information also helps avoid future misunderstandings and conflicts.

Here are the must-haves that every landscaping contract should include:

The names and contact information of the property owner (client) and landscaping contractor.
A statement acknowledging the consent of both parties.
A description of the type of landscaping duties that will be provided, as well as maintenance and inspections.
The price of the services and the terms of payment.
The contract’s start and end dates.
A completed copy of an invoice template to be used when accepting payment.
The terms for terminating or amending the contract.
The way non-payment claims will be handled.
Liability limitations in regard to third parties.
The Local, state, and federal laws governing the agreement.

Landscaping contracts are relatively straightforward in regard to the fact that they don’t require.

Types of Landscaping Contract

Not all landscaping contracts are the same. Depending on the type of landscaping services needed by the client, they can be customized to conform to specific requirements and conditions.

Each contract will differ in terms of the dates, types of services provided, number of contractors involved, the payment terms, and other conditions. For example, commercial landscaping contracts will usually be of a much larger scale than residential ones.

Landscaping vs Lawn Care Contract

Although similar in some ways, landscaping and lawn care contracts differ in numerous key areas. Lawn care contracts address specific routine tasks, such as watering plants, mulching, fertilizing, and mowing, usually on a seasonal basis.

On the other hand, landscapers transform outdoor areas by undertaking more complicated duties, such as land grading, irrigation, or construction. While lawn care involves taking care of an already established garden, landscaping completely changes an outdoor environment.

Landscaping Contract Sample

We recommend looking at a 100% verified sample landscaping contract before starting your own.

Use our example below to get a feel for the points to cover and details to include in your own customized agreement.

Other Types of Service Contracts

Besides landscaping, you may want to provide or pay for other services as well. If so, you should prepare a contract.

A service contract protects each person and formalizes the service.

It provides security if the contact is terminated or terms aren’t respected.

Other service contracts LawDistrict can help you create:

FAQs About Landscaping Contracts

A landscaping contract needs to be prepared carefully to avoid misunderstandings and disagreements between the two parties. To find out more about how these agreements work and must be prepared, check our FAQs below.

What should a landscaping contract include?

There are various key details that a landscaping contract must include to prevent miscommunication between the client and the contractor. While a lawyer is not needed to write up one of these agreements, missing out on important information can render the contract invalid.

We recommend using one of our landscaping contract templates to make sure your document includes all the necessary points. By using our builder, you’ll be able to complete your document in minutes with the help of expert legal guidance and advice.

How much does landscaping and lawn care cost?

The average price for landscaping and lawn care is between $4 to $12 per square foot. This translates to an average of $50-$100 per hour, while new installations can range from $3,000 to over $15,000.

However, the rate can vary significantly depending on the type of services being provided, the size of the land, and how many landscapers will be required. After deciding what kind of work you’re looking for, we recommend contacting 3-5 landscaping providers in your nearby area to find the best prices.

Most landscaping services will be able to provide you with a free quote of the job’s cost after having surveyed the property and understood your needs.

How do you negotiate a landscaping contract?

When negotiating a landscaping contract, it’s vital to ensure every detail of the project is put into writing, and that an accurate timetable is created. This way, both parties know what to expect and conflicts can be avoided.

You should also shop around for the best price-to-quality contractor and research the ones you’re looking to hire. Verify the company’s credentials including their reviews, insurance, and licensing. It’s also possible to save money by purchasing the materials and supplies yourself, or to present options to the contractor before asking for a price.

In addition, make sure to always be polite, show mutual respect, and try to build a rapport with the contractor. Even after the work has been completed, the landscaper will have to return to the property to inspect and maintain it, which means it’s important to cultivate a healthy long-term working relationship

You are only a few steps away from your own Landscaping Service Agreement!

Preview of your Landscape Service Agreement

SERVICE AGREEMENT

This Service Agreement (hereinafter, the "Agreement"), is dated as of _________ (hereinafter, the "Effective Date"), and is entered into by and between the following parties:

_________ of _________, _________ and _________ (hereinafter, the "Client"),

and

_________ of _________, _________ and _________ (hereinafter, the "Contractor").

1. SERVICES During the term of the Agreement, _________ shall perform the following services for _________ (hereinafter, the "Services"): • _________

2. PAYMENT AMOUNT AND METHOD

During the Term of the Agreement, the Client agrees to pay the Contractor as follows:

Regular payments of $_________ hourly.

_________ agrees to pay, in addition to the principal and interest due hereon, all reasonable attorney fees, plus all other costs and expenses of collection and enforcement.

In addition to any other right or remedy provided by law, the failure of _________ to pay for the Services when due shall be considered a material breach of this contract, and _________ may terminate this Agreement and/or seek legal remedies.

3. TERM

This Agreement will commence on the Effective Date and shall continue until completion of the Services by the Contractor, unless earlier terminated as provided herein, or unless extended by mutual agreement expressed in writing signed by both parties prior to the completion of the Services by the Contractor.

4. OWNERSHIP OF WORK

The Contractor acknowledges and agrees that all intellectual property and related material, including but not limited to any copyrightable works, ideas, discoveries, inventions, patents, products or other information (hereinafter, the "Work Product"), performed under this Agreement shall be considered "Work Made for Hire" as defined in the U.S. Copyright laws and, therefore, shall be owned by and be for the express benefit of the Client.

If requested by the Client, the Contractor will provide and execute all necessary documentation to confirm or perfect the ownership of the Client to the Work Product.

5. INDEPENDENT CONTRACTOR

The Contractor certifies that, in providing the Services under this Agreement, he is acting as an independent contractor and not as an employee or an agent. Nothing contained in this Agreement shall be deemed to constitute an employment, agency, joint venture or partnership relationship between the parties.

6. NON-EXCLUSIVE CLAUSE

The Parties hereby acknowledge that this Agreement is non-exclusive, and nothing herein shall prevent either Party from entering into similar or same agreements with third parties.

7. EVENTS OF DEFAULT

The occurrence of any of the following events shall constitute and is hereinafter referred to as an "Event of Default":

a. If either party fails to make a required payment when due.

b. If either party becomes unable to perform its duties and fails to make available or deliver the Services in the time and manner provided for in this Contract.

c. If either party becomes or is declared insolvent or bankrupt.

d. If either party's property becomes subject to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.

8. REMEDIES

In the event that either party (hereinafter, the "Defaulting Party") fails to perform any of its material obligations under this contract, or if any one of the hereinabove described Events of Default occurs which causes damage to the other Party (hereinafter, the "Non-defaulting Party"), it shall be considered a material breach of this Agreement.

In such an event, the Non-defaulting Party may notify the Defaulting Party in writing and request it to rectify and correct such breach of contract within _________ working day(s) from the effective date of such notice. If the Defaulting Party fails to cure the default(s) within such period of time, this agreement will be automatically terminated.

The defaulting Party shall be liable for any such breach pursuant to the applicable laws.

9. FORCE MAJEURE

Neither party shall in no event be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for any delay or failure in fulfilling or performing any obligation under this agreement when such delay or failure is resulting from circumstances beyond its reasonable control (hereinafter, "Force Majeure causes").

The term Force Majeure shall include, without limitation, acts of God, acts of civil or military authorities, insurrections, vandalism, riots, wars, lock-outs, embargoes, acts of nature, fire, natural disasters, epidemics, work stoppages or other labor disputes, or supplier failures.

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 cause; and
(b) use reasonable efforts to remove any such causes and resume performance under this Agreement, as soon as reasonably practicable.

10. DISPUTE RESOLUTION

In the event a claim, dispute or controversy arises out of or in connection with this Agreement, the parties agree to attempt to resolve the claim, dispute or controversy by conducting good faith negotiations.

If the parties are unable to settle the matter between themselves within 30 days, the dispute shall thereafter be resolved by binding arbitration under the then current Commercial Arbitration Rules of the American Arbitration Association.

11. ENTIRE AGREEMENT

This document constitutes the entire agreement and understanding between the parties, and supersedes all prior agreements and understandings, whether oral or written, with respect to the subject matter of this Agreement.

12. SEVERABILITY

This Agreement will be enforced to the fullest extent permitted by applicable law.

If for any reason any term or provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability will not affect any other term or provision of this Agreement. However, the parties shall cease performing such invalid or unenforceable provisions and negotiate in good faith to replace such invalid or unenforceable provisions with a valid, legal, and enforceable provision consistent with the original intent.

13. AMENDMENTS

This Agreement may be amended or modified as needed. However, any modification, variation or amendment of this Agreement shall only be valid if made in writing form and duly signed by the parties obligated under the amendment.

14. GOVERNING LAW

This Agreement shall be governed, construed and interpreted in accordance with the Laws of the State of _________.

15. NOTICES

Any and all notices, requests, demands or other communications to be given under this Agreement must be (i) given in writing and (ii) personally delivered or mailed by certified or registered mail, return receipt requested, or transmitted by electronic mail transmission to the party to whom such notice or communication is directed, to the mailing address or electronic mail address of such party as set forth in the opening paragraph of this Agreement, or to such other address or email address as any party may from time to time notify the other.

16. WAIVER

The waiver by either party of a breach, default, delay or omission of any of the provisions of this Agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.

17. ATTORNEY'S FEES

In the event that any action is instituted to enforce or interpret the validity of this Agreement or any of its provisions, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other available remedies.

18. ASSIGNMENT

This Agreement and all rights and obligations hereunder may not be assigned by either party without prior written consent of the other party.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

Service Provider:
_________

By: _______________________	Date: __________
_________

Service Recipient:

By: _______________________	Date: __________
_________