Terms and Conditions
1. Definitions
1.1 “JB Mitchell LLC” refers to the landscaping company Mitchell Landscape, its employees, agents, and subcontractors.
1.2 “Client” refers to the individual or entity engaging JB Mitchell LLC for services.
1.3 “Services” refer to the landscaping, pest control, and related activities provided by JB Mitchell LLC.
2. Limitation of Liability
2.1 JB Mitchell LLC shall not be liable for any accidents, damages, losses, or injuries that may occur during the provision of services, unless such incidents result directly from its gross negligence or willful misconduct.
2.2 In the event of proven gross negligence or willful misconduct, JB Mitchell LLC’s liability shall be limited to the cost of repair or medical expenses up to the limits of the company’s insurance coverage. The members of JB Mitchell LLC shall not be personally liable for such damages unless a court of competent jurisdiction determines that the corporate veil should be pierced due to intentional wrongdoing or fraud.”
2.3 JB Mitchell LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the services provided.
3. Assumption of Risk
3.1 By engaging JB Mitchell LLC for services, the client acknowledges and assumes all inherent risks associated with the services provided, including but not limited to landscaping, pest control, and related activities.
3.2 The client acknowledges that landscaping and related activities involve inherent risks, including but not limited to property damage, bodily injury, and exposure to pesticides or other chemicals.
4. Release of Liability
4.1 The client releases JB Mitchell LLC, its employees, agents, and subcontractors from any and all claims, liabilities, or demands arising from the provision of services, except in cases of gross negligence or willful misconduct.
4.2 The client agrees not to hold JB Mitchell LLC responsible for any damages or losses resulting from the actions or omissions of third parties, including but not limited to other contractors or subcontractors.
5. Access to Photos
5.1 The client grants JB Mitchell LLC full access and unrestricted rights to use any photographs or images taken on the client’s property during the course of providing services. JB Mitchell LLC may use these photographs for promotional, marketing, or any other purposes without seeking additional consent.
6. Client Responsibilities
6.1 The client is responsible for ensuring that the property is free of hazards or obstacles that may impede the safe provision of services. Failure to do so may impact the quality and safety of the services rendered.
6.2 The client agrees to provide JB Mitchell LLC with access to all areas of the property necessary for the provision of services.
7. Indemnification
7.1 The client agrees to indemnify and hold JB Mitchell LLC harmless from any claims, liabilities, damages, or expenses (including attorney’s fees) arising from the client’s breach of this agreement or any third-party claims related to the services provided.
7.2 The client agrees to indemnify JB Mitchell LLC for any damages or losses resulting from the client’s failure to comply with local laws, regulations, or ordinances.
8. Payment
8.1 The client agrees to pay JB Mitchell LLC the agreed-upon fees for the services provided. Payment shall be made in full upon completion of the services unless otherwise agreed upon in writing.
8.2 JB Mitchell LLC reserves the right to charge a late fee of $30.00 per month for any overdue payments. Additionally, interest will accrue on any outstanding balance at a rate of 8.7% per month until the overdue payment is made in full.
8.3 In the event that the client fails to make payment for services rendered, JB Mitchell LLC may suspend or terminate services until payment is received in full.
8.4 The client shall be responsible for any costs incurred by JB Mitchell LLC in collecting overdue payments, including but not limited to collection agency fees and legal fees.
8.5 All fees paid to JB Mitchell LLC are non-refundable, except as otherwise provided in this agreement or required by law.
8.6 The client agrees to reimburse JB Mitchell LLC for any expenses incurred in the provision of services that are not included in the agreed-upon fees, including but not limited to materials, equipment rental, and subcontractor fees.
9. Legal Jurisdiction
9.1 This agreement shall be governed by and interpreted in accordance with the laws of Spartanburg, South Carolina. Any legal disputes shall be resolved in the courts of Spartanburg, South Carolina.
9.2 The client agrees that any legal action against JB Mitchell LLC must be brought within one year after the cause of action arises, or it will be permanently barred.
10. Severability
10.1 If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11. Entire Agreement
11.1 This agreement constitutes the entire agreement between the parties regarding the provision of services by JB Mitchell LLC and supersedes all prior agreements, representations, and understandings, whether written or oral.
11.2 JB Mitchell LLC reserves the right to update or modify these terms and conditions at any time without prior notice to the client. It is the client’s responsibility to review the terms and conditions regularly. Continued use of our services following any changes constitutes acceptance of those changes.
12. Waiver
12.1 The failure of either party to enforce any provision of this agreement shall not be construed as a waiver of such provision or the right to enforce it at a later time.
13. Survival
13.1 The terms and conditions of this agreement shall survive the completion of the services provided by JB Mitchell LLC and the termination of this agreement.
14. Governing Law
14.1 This agreement shall be governed by the laws of the State of South Carolina, without regard to its conflict of law principles.
15. Binding Effect
15.1 This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
16. Acceptance
16.1 By engaging JB Mitchell LLC for services, the client acknowledges that they have read, understood, and agreed to the terms and conditions of this agreement.