maxburton
ArboristSite Operative
Here's the contract my customers sign. It has been reviewed (and revised) by a lawyer. What do you think? This isn't copywritten, you can use it if you want. Comments and criticisms are welcome.
RELEASE, ACCOUNT AGREEMENT AND PERSONAL GUARANTEE TERMS:
[the CUSTOMER] certifies that he/she is either the owner, homeowner, corporate officer and/or other agent authorized to enter into this release. Account agreement and personal guarantee [the AGREEMENT] with MAX BURTON TREE AND SHRUB CARE for the completion of exactly and only the work detailed on the other side of this paper [the WORK] and intending to be legally bound, agrees to the following:
1. CUSTOMER agrees that credit will not be extended and payment is due when WORK is completed in a way that would satisfy a reasonable person. If payment is not received at that time, CUSTOMER agrees to pay interest at the rate of 1.5% per month or 18% annual or until the full amount of the invoice(s) is paid.
2. CUSTOMER, in the event of default of this AGREEMENT agrees to reimburse MAX BURTON TREE AND SHRUB CARE for all expenses, including reasonable collections fees (either by a collection agent or attorney) at the
agreed reasonable rate of 40% of the delinquent principal amount.
3. CUSTOMER agrees that in addition to binding to the terms and conditions of this AGREEMENT that he/she also provides a PERSONAL GUARANTEE to the terms of this AGREEMENT (including payment of principal, interest, and collections fees) which shall in addition to binding any corporate, partnership, and or trade name entity stated herein.
4. CUSTOMER agrees that no employee or agent of MAX BURTON TREE AND SHRUB CARE is authorized to mitigate disputes between neighbors.
5. CUSTOMER agrees that CUSTOMER is responsible for designating property boundaries and is responsible for any costs that arise from errors in such designation.
6. CUSTOMER understands that during the course of the WORK lawn, soil, earth, and/or plants may be damaged, and unless otherwise mutually agreed in writing, no compensation, replacement, or guarantee will be provided for such damaged items.
7. CUSTOMER understands that the safety and or lifespan of a tree cannot be determined with perfect accuracy, and therefore any statement about a tree or plant by any employee or agent of MAX BURTON TREE AND SHRUB CARE is a best estimate and not a guarantee.
8. CUSTOMER agrees to use the services of MAX BURTON TREE AND SHRUB CARE in strict COMPLIANCE WITH ALL APPLICABLE RULES, LAWS, REGULATIONS, and ORDERS.
9. CUSTOMER agrees that except as otherwise mutually agreed in writing, this document is the COMPLETE AGREEMENT of the parties and supersedes all other agreement(s) or understandings, written, oral, or otherwise.
I hereby certify that I am the owner, partner, and or corporate officer or other person/agent duly authorized to enter into this AGREEMENT, including acknowledging that I am providing a PERSONAL GUARANTEE relative to this AGREEMENT in addition to binding the name CUSTOMER.
Date:_________________
Please print CUSTOMER or legal name:_________________________________________________________________
Authorized CUSTOMER signature:_________________________________________________________________
RELEASE, ACCOUNT AGREEMENT AND PERSONAL GUARANTEE TERMS:
[the CUSTOMER] certifies that he/she is either the owner, homeowner, corporate officer and/or other agent authorized to enter into this release. Account agreement and personal guarantee [the AGREEMENT] with MAX BURTON TREE AND SHRUB CARE for the completion of exactly and only the work detailed on the other side of this paper [the WORK] and intending to be legally bound, agrees to the following:
1. CUSTOMER agrees that credit will not be extended and payment is due when WORK is completed in a way that would satisfy a reasonable person. If payment is not received at that time, CUSTOMER agrees to pay interest at the rate of 1.5% per month or 18% annual or until the full amount of the invoice(s) is paid.
2. CUSTOMER, in the event of default of this AGREEMENT agrees to reimburse MAX BURTON TREE AND SHRUB CARE for all expenses, including reasonable collections fees (either by a collection agent or attorney) at the
agreed reasonable rate of 40% of the delinquent principal amount.
3. CUSTOMER agrees that in addition to binding to the terms and conditions of this AGREEMENT that he/she also provides a PERSONAL GUARANTEE to the terms of this AGREEMENT (including payment of principal, interest, and collections fees) which shall in addition to binding any corporate, partnership, and or trade name entity stated herein.
4. CUSTOMER agrees that no employee or agent of MAX BURTON TREE AND SHRUB CARE is authorized to mitigate disputes between neighbors.
5. CUSTOMER agrees that CUSTOMER is responsible for designating property boundaries and is responsible for any costs that arise from errors in such designation.
6. CUSTOMER understands that during the course of the WORK lawn, soil, earth, and/or plants may be damaged, and unless otherwise mutually agreed in writing, no compensation, replacement, or guarantee will be provided for such damaged items.
7. CUSTOMER understands that the safety and or lifespan of a tree cannot be determined with perfect accuracy, and therefore any statement about a tree or plant by any employee or agent of MAX BURTON TREE AND SHRUB CARE is a best estimate and not a guarantee.
8. CUSTOMER agrees to use the services of MAX BURTON TREE AND SHRUB CARE in strict COMPLIANCE WITH ALL APPLICABLE RULES, LAWS, REGULATIONS, and ORDERS.
9. CUSTOMER agrees that except as otherwise mutually agreed in writing, this document is the COMPLETE AGREEMENT of the parties and supersedes all other agreement(s) or understandings, written, oral, or otherwise.
I hereby certify that I am the owner, partner, and or corporate officer or other person/agent duly authorized to enter into this AGREEMENT, including acknowledging that I am providing a PERSONAL GUARANTEE relative to this AGREEMENT in addition to binding the name CUSTOMER.
Date:_________________
Please print CUSTOMER or legal name:_________________________________________________________________
Authorized CUSTOMER signature:_________________________________________________________________
