Green Heron Garden Company

Master Services Agreement

This agreement explains how Green Heron Garden Company ("Green Heron") provides plant and landscaping services and what both Green Heron and the customer ("Client") can expect.

Services may include:

  • Interior plant installation and maintenance

  • Landscaping installation and maintenance

  • Outdoor container installation and maintenance

  • Seasonal and enhancement plantings

Approving a quote, making payment, or allowing work to begin means the Client accepts this Agreement and any applicable service addendum.

1. Payment Terms

All invoices are due upon receipt. A five (5) day grace period is provided for normal processing time. After this period, balances are considered past due and may accrue interest at 1.5% per month (18% annually) or the maximum allowed under Virginia law.

Green Heron issues one monthly invoice covering all maintenance services performed during that month unless otherwise agreed in writing.

Accounts sixty (60) days past due may have services suspended until the balance is resolved. The Client is responsible for collection costs, including attorney’s fees and court costs, if payment enforcement becomes necessary.

Card on File for Recurring Maintenance

Recurring maintenance requires a card on file unless a written commercial billing arrangement is approved. Cards are charged after the monthly invoice is issued.

Commercial Billing Arrangements

Approved commercial clients may pay through internal billing systems or agreed net terms confirmed in writing. All other provisions of this Agreement still apply.

Failed Payments

If a payment fails, Green Heron will notify the Client and retry after a reasonable opportunity to update payment information.

2. Environmental Conditions and Plant Placement

Plants need specific light, temperature, airflow, and moisture levels. Green Heron selects and places plants based on conditions observed at the time of the installation.

After installation, Green Heron is not responsible for decline caused by environmental changes, relocation, third‑party care, building operations, or other site changes. Green Heron may notify the Client of visible risks, but correcting those conditions is not included unless separately contracted.

3. Property Access & Site Conditions

Services are performed within scheduled service windows unless a specific appointment is arranged. Clients may request to be present by scheduling in advance.

By maintaining service, the Client authorizes Green Heron to enter accessible service areas without the Client present unless written alternate instructions are provided.

Knock, call‑ahead, and notification preferences may be requested. Missed service and plant decline due to unavailable access or disabled notifications is not Green Heron’s responsibility.

The Client must:

  • Secure animals

  • Maintain safe conditions

  • Keep entry instructions current (including alarm or gate codes)

Service may be postponed where safety risks exist. Green Heron is not responsible for escaped animals or triggered alarms.

The Client will provide reasonable access to work areas. For installations, nearby parking should be provided when reasonably available. Additional labor due to limited access may be billable. Green Heron is not responsible for parking violations when parking locations are Client‑directed.

Green Heron is not responsible for plant decline or corrective service resulting from denied, delayed, obstructed, or unsafe access.

For services billed per visit, if Green Heron arrives and cannot access the service area, the visit will still be billable as a completed service call.

4. Water and Property Damage

Client‑provided containers are used at the Client’s risk.

Containers made of porous or organic materials — including clay, terracotta, ceramic, wood, wicker, and similar materials — may allow moisture transfer or leakage.

Green Heron may point out visible risk conditions but does not guarantee container watertightness, drainage performance, or surface protection.

Green Heron is not responsible for water or moisture damage except where directly caused by Green Heron’s gross negligence.

5. Limitation of Liability & Uncontrollable Events

Green Heron’s total liability is limited to the amount paid for services during the three (3) months preceding a claim.

Green Heron is not liable for indirect or consequential damages, including loss of use or business interruption.

Green Heron is also not responsible for delays, service impacts, or plant loss caused by events beyond reasonable control, including severe weather, freeze, drought, flooding, supply shortages, labor disruptions, government restrictions, or building closures.

These conditions may affect schedules, service quality, and plant health.

6. Documentation and Communication

Green Heron may photograph service areas, plants, containers, and surrounding conditions before, during, or after service visits to document conditions and verify work.

Photos may also be used for portfolio, website, or marketing unless the Client requests otherwise in writing.

Green Heron may communicate service information by email, text, or service software notifications regarding:

  • Scheduling

  • Access issues

  • Plant health

  • Replacements

  • Billing

Notices sent to the last provided contact information are considered delivered when sent. The Client is responsible for keeping contact information current.

7. Suspension or Termination of Service

Green Heron may suspend or terminate services for:

  • Nonpayment

  • Repeated access denial

  • Interference with plant care

  • Unsafe or abusive conditions

The Client remains responsible for completed work and installed materials.

8. Plant Performance and Availability

Plants naturally vary in size, fullness, growth rate, and seasonal appearance. These variations are normal and not defects.

Replacement plants depend on seasonal and supplier availability. Comparable substitutions may be used when identical material is unavailable.

9. Abandoned Property

If access becomes permanently unavailable or the Client ceases communication for thirty (30) days, Green Heron may terminate service and consider installed plant material accepted as‑is.

10. Plant Replacement Standard

While an active maintenance service is in place, Green Heron will replace plants that decline due to conditions within Green Heron’s direct care control unless otherwise stated in an addendum.

11. SMS Communications

By providing your phone number to Green Heron Garden Company, you consent to receive text messages related to your service requests, appointments, project updates, or other customer care communications.

Message frequency may vary depending on your interaction with our business.

Message and data rates may apply.

You can opt out of receiving text messages at any time by replying STOP to any message. For assistance, reply HELP or contact us directly at [your phone number].

ADDENDUM A — INTERIOR PLANT SERVICES

Client Care Restriction

The Client and associated persons shall not water, prune, relocate, repot, or treat plants maintained by Green Heron.

Warranty

Installation‑Only Service: Plants are confirmed healthy on the installation date. Responsibility transfers to the Client immediately after completion.

Maintenance Service: Green Heron replaces plants that decline due to conditions within Green Heron’s direct care control.

Replacement is not provided when decline results from:

  • Third‑party watering or care

  • Relocation or repositioning

  • Environmental or lighting changes after installation

  • Temperature outside recommended range

  • Power outages

  • Chemical exposure

  • Vandalism or theft

  • Acts of God

ADDENDUM B — LANDSCAPING SERVICES

Site Conditions and Utilities

Green Heron will notify the public utility marking service prior to excavation.

Green Heron is not responsible for damage to utilities that are:

  • Unmarked

  • Inaccurately marked

  • Privately installed

  • Outside marking tolerances

Subsurface conditions, drainage behavior, and soil composition may vary and may affect plant performance.

Weather Delays

Installation and maintenance services may pause during saturated soil, extreme heat, freezing temperatures, or unsafe working conditions and resume when conditions allow standard horticultural practices.

Warranty

Maintenance Service: Green Heron replaces plants that decline due to conditions within Green Heron’s maintenance control.

Installation‑Only Service: Plants are healthy at installation. Ongoing performance depends on watering, weather, soil conditions, and site environment and becomes Client responsibility unless maintenance service is provided.

Establishment Period

New plantings may take up to one year to establish. Wilting, leaf drop, dormancy, slow growth, and seasonal appearance changes during this period are normal and not plant failure.

ADDENDUM C — OUTDOOR CONTAINER PLANTINGS

Environmental Conditions

Outdoor containers are affected by sun exposure, wind, temperature swings, and seasonal cycles. Flower loss, discoloration, dormancy, or weather damage including freeze events are normal and not plant failure.

Warranty

Maintenance Service: Green Heron replaces plants that decline due to controllable care factors within maintenance service.

Installation‑Only Service: Plants are confirmed healthy at installation only. Ongoing performance depends on weather and site conditions after installation.