Terms of Service

1. Introduction and Scope

These Terms of Service constitute a legally binding agreement between you and Wolcott Landscaping LLC, a Utah limited liability company with offices at 1886 E Jeremy Ct, Salt Lake City, UT 84121-2132, United States. Throughout these Terms, the terms "we," "us," "our," and "the Company" refer to Wolcott Landscaping LLC, and the terms "you," "your," and "Client" refer to the individual or entity engaging our services.

These Terms govern your access to and use of our website at www.wolcottlandscaping.lol, any communications with us via email at connect@wolcottlandscaping.lol or phone at +1 (657) 822-4690, and all landscape design, construction, installation, maintenance, and related services provided by Wolcott Landscaping LLC. These Terms apply to all clients, whether residential homeowners, commercial property owners, property managers, homeowners associations, contractors, or any other party engaging our services.

2. Acceptance of Terms

2.1 Binding Agreement

Your acceptance of these Terms may occur through any of the following actions, each of which constitutes a valid and binding acceptance: signing a written service agreement or proposal that references these Terms; making any payment, whether deposit, partial payment, or full payment, for our services; providing written or verbal authorization to commence work; clicking an acceptance button or checkbox on our website or digital platform; or continuing to use our website after these Terms have been posted or updated.

2.2 Authority to Bind

By accepting these Terms, you represent and warrant that you are at least eighteen years of age and possess the legal capacity and authority to enter into a binding contract. If you are accepting these Terms on behalf of a business entity, organization, or other legal person, you represent and warrant that you have the authority to bind that entity to these Terms.

2.3 Electronic Communications

You consent to receive communications from us electronically, including via email, text message, and through our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. Description of Services

3.1 Core Services

Wolcott Landscaping LLC provides professional landscaping services throughout the Salt Lake City metropolitan area and surrounding communities along the Wasatch Front in Utah. Our services include, but are not limited to: landscape design and architecture, including master planning, conceptual design, planting plans, and 3D visualizations; garden installation, including tree and shrub planting, perennial bed design, and seasonal color programs; hardscaping, including patios, walkways, driveways, retaining walls, outdoor kitchens, fire features, pergolas, and decorative concrete work; irrigation system design, installation, maintenance, and water management solutions; lawn care including mowing, aeration, fertilization, overseeding, weed control, and pest management; outdoor lighting design and installation, including low-voltage LED systems and architectural accent lighting; water features including ponds, waterfalls, fountains, and recirculating stream systems; seasonal cleanup including spring and fall property maintenance, leaf removal, pruning, and winterization; and commercial landscape management for office parks, retail centers, HOAs, and multi-family properties.

3.2 Service Limitations

We reserve the right to decline any project or service request at our sole discretion based on factors including but not limited to site feasibility, safety concerns, scheduling constraints, material availability, or scope complexity. All services are subject to availability and the specific terms outlined in your individual service agreement or proposal.

3.3 Subcontractors and Third-Party Services

Wolcott Landscaping LLC may engage qualified subcontractors to perform certain portions of the work, including but not limited to specialized masonry, electrical work for lighting systems, arborist services, or heavy equipment operation. We remain responsible for the quality and coordination of all work performed under our supervision. Subcontractors are required to maintain appropriate insurance coverage and comply with all applicable laws and regulations.

4. Estimates, Proposals, and Contracts

4.1 Initial Consultation and Estimates

We provide free initial consultations during which we assess your property, discuss your goals and preferences, and provide a preliminary verbal or written estimate of project scope and budget. Initial estimates are non-binding approximations based on information available at the time of the consultation and may change upon detailed site analysis, design development, or discovery of site conditions not apparent during the initial walkthrough.

4.2 Formal Proposals

Following consultation and any necessary design work, we will provide a formal written proposal or service agreement detailing the specific scope of work, materials to be used, project timeline, total project cost or pricing structure, payment schedule, and any special terms or conditions applicable to your project. A proposal becomes a binding contract only when signed by both you and an authorized representative of Wolcott Landscaping LLC, and when any required deposit has been received.

4.3 Proposal Validity

Unless otherwise stated in the proposal, all proposals are valid for a period of thirty calendar days from the date of issuance. We reserve the right to modify or withdraw a proposal after its expiration date. Material and labor costs are subject to change after the proposal validity period has expired.

5. Payment Terms and Billing

5.1 Payment Schedule

Unless otherwise specified in your service agreement, the following payment terms apply: a non-refundable deposit, typically ranging from twenty-five to fifty percent of the total project cost, is due upon signing the service agreement and is required to schedule your project and secure materials; progress payments, as defined in your service agreement, are due at specified project milestones; and the final balance is due upon substantial completion of the work as defined in your service agreement, or as otherwise specified.

5.2 Accepted Payment Methods

Wolcott Landscaping LLC accepts payment via check, bank transfer, credit card, and debit card. Credit card payments may be subject to a processing fee not exceeding the amount permitted by Utah law. Cash payments are accepted only when accompanied by a receipt. All payments shall be made in United States Dollars.

5.3 Late Payments

Any payment not received within fifteen calendar days of its due date shall be considered past due. Past due balances may accrue interest at the rate of one and one-half percent per month, or the maximum rate permitted by Utah law, whichever is lower. Wolcott Landscaping LLC reserves the right to suspend work on any project with an outstanding past-due balance. You agree to reimburse the Company for all reasonable costs and expenses, including collection agency fees and attorney fees, incurred in connection with the collection of any past-due amounts.

5.4 Taxes

You are responsible for all applicable federal, state, and local sales, use, and excise taxes imposed on the services and materials provided under your service agreement, unless a valid tax exemption certificate is provided. Applicable taxes will be itemized on your invoice or included in the total project price as stated in your service agreement.

6. Scheduling, Access, and Site Conditions

6.1 Project Scheduling

Project start dates and completion timelines provided in proposals and service agreements are estimates based on current workload, material availability, weather forecasts, and other factors known at the time of scheduling. Wolcott Landscaping LLC will make reasonable efforts to meet estimated timelines but does not guarantee specific start or completion dates. We will communicate any significant schedule changes promptly.

6.2 Property Access

You agree to provide Wolcott Landscaping LLC and its employees, agents, and subcontractors with reasonable access to your property during normal business hours, typically Monday through Friday, 7:00 AM to 6:00 PM, and Saturdays by prior arrangement, for the duration of the project. Access includes the right to bring vehicles, equipment, and materials onto the property and to use water and electricity connections as reasonably necessary to perform the work.

6.3 Site Conditions and Utilities

You are responsible for identifying and clearly marking the location of all underground utilities, including gas lines, electric lines, water pipes, sewer lines, septic systems, sprinkler lines, landscape lighting cables, and drainage systems, prior to the commencement of any excavation or subsurface work. Wolcott Landscaping LLC recommends that you contact Blue Stakes of Utah (811) at least two business days before any digging activity. We shall not be liable for damage to unmarked or improperly marked underground utilities.

6.4 Existing Conditions

Wolcott Landscaping LLC is not responsible for pre-existing conditions on your property, including but not limited to unstable soil, poor drainage, hidden debris, underground structures, invasive plant species, or other latent defects that may affect the performance or longevity of installed work. Discovery of adverse site conditions may necessitate a change order and adjustment to the project scope and cost.

7. Change Orders and Modifications

7.1 Change Order Process

Any modification to the agreed scope of work, materials, or specifications described in your service agreement must be documented through a written change order. A change order shall describe the nature of the change, any adjustment to the project cost, and any impact on the project timeline. All change orders must be signed by both you and an authorized representative of Wolcott Landscaping LLC before the modified work commences.

7.2 Verbal Change Authorizations

In urgent situations where a written change order is impractical, you may grant verbal authorization for additional or modified work. Any verbal authorization will be confirmed in writing by Wolcott Landscaping LLC within three business days and will be binding upon you unless you object in writing within five business days of receiving such written confirmation.

7.3 Cost Implications

Unless otherwise stated in the change order, additional work authorized through a change order will be billed on a time and materials basis or at the rates specified in your original service agreement. You acknowledge that change orders may affect the project completion date, and Wolcott Landscaping LLC will provide a revised timeline estimate as part of the change order documentation.

8. Cancellation, Termination, and Refund Policy

8.1 Cancellation by Client

You may cancel your service agreement at any time by providing written notice to Wolcott Landscaping LLC. Upon receipt of your cancellation notice, we will cease work as soon as reasonably practicable. You will be responsible for payment of all work completed through the date of cancellation, including materials ordered or specially fabricated for your project that cannot be returned or restocked, plus any reasonable costs incurred as a result of the cancellation, including demobilization expenses.

8.2 Cancellation Within Three Business Days

In accordance with applicable consumer protection laws, if you signed your service agreement at a location other than our place of business, you may cancel the agreement without penalty by providing written notice within three business days of signing. This right of rescission does not apply to agreements signed at our business premises or to emergency repair work.

8.3 Termination by Wolcott Landscaping LLC

We reserve the right to terminate or suspend your service agreement in the event of: non-payment of amounts when due; failure to provide required access to the property; unsafe or hazardous conditions at the work site; verbal abuse, threats, or harassment directed toward our employees or subcontractors; your material breach of any provision of these Terms or the service agreement; or any other circumstance that makes continued performance commercially unreasonable or unsafe. In the event of such termination, you shall remain liable for payment of all work completed through the date of termination.

8.4 Refund Policy

Deposit amounts are generally non-refundable, as they are used to secure your project on our schedule and to order materials. If your project is canceled before any work has commenced and no materials have been ordered, we may, at our sole discretion, refund a portion of your deposit after deducting any administrative costs and design fees incurred. Refunds for completed work are not provided except as expressly set forth in these Terms or as agreed in a separate writing signed by Wolcott Landscaping LLC. Should a refund be approved, it will be issued within thirty calendar days and processed through the original payment method whenever possible.

9. Client Responsibilities and Obligations

9.1 Accurate Information

You agree to provide accurate, complete, and current information regarding your property, including but not limited to property boundaries, easements, restrictive covenants, HOA regulations, utility locations, and any known environmental or structural issues that may affect the project. You are responsible for obtaining all necessary permits, approvals, and variances required by local government authorities, homeowners associations, or other governing bodies, unless otherwise expressly agreed in writing.

9.2 Permits and Regulatory Compliance

Unless your service agreement explicitly states that Wolcott Landscaping LLC will obtain permits on your behalf, you are responsible for determining which permits, if any, are required for your project and for obtaining those permits before work commences. You agree to provide us with copies of all required permits. We will comply with all applicable building codes and regulations in the performance of our work.

9.3 Safety at the Work Site

You agree to keep children, pets, and unauthorized persons away from work areas during project hours. You assume all risk of injury or damage to persons or property, other than injuries to our employees and authorized subcontractors, arising from failure to observe this safety requirement. You agree to inform us of any known hazards on your property, including but not limited to toxic plants, unstable structures, aggressive animals, or hazardous materials.

9.4 Cooperation

You agree to cooperate reasonably with Wolcott Landscaping LLC in all matters relating to the performance of the services, including by making timely decisions regarding design selections, material choices, and other project-related matters requiring your input. Delays caused by your failure to respond or make decisions in a timely manner may result in schedule adjustments and additional costs for which you will be responsible.

10. Warranties, Guarantees, and Disclaimers

10.1 Workmanship Warranty

Wolcott Landscaping LLC warrants that all labor performed under your service agreement will be free from material defects in workmanship for a period of one year following substantial completion of the work. This warranty covers defects resulting from improper installation or construction practices. It does not cover damage resulting from normal wear and tear, extreme weather events, improper maintenance by the client, alteration or modification by third parties, settlement of soil or structures beyond industry tolerances, or damage from pests, disease, or root growth.

10.2 Plant Material Warranty

Unless otherwise specified in your service agreement, Wolcott Landscaping LLC provides a limited warranty on trees, shrubs, and perennial plants installed by our team for a period of ninety days from the date of planting, provided that the client has followed our prescribed watering and care instructions. This warranty does not cover annual plants, seasonal color plantings, sod, or seeded lawns. Replacement plants carry a warranty only for the remainder of the original warranty period. The plant material warranty excludes failure due to extreme weather, animal damage, disease, infestation, vandalism, or inadequate irrigation.

10.3 Manufacturer Warranties

Materials and products installed in your project, including but not limited to pavers, lighting fixtures, irrigation components, pumps, and water feature equipment, may be covered by manufacturer warranties. Wolcott Landscaping LLC will provide you with relevant manufacturer warranty documentation upon request. We make no independent warranty regarding such materials beyond passing through the manufacturer warranty to the extent permitted.

10.4 Warranty Claim Process

To make a claim under any warranty provided by Wolcott Landscaping LLC, you must notify us in writing within the applicable warranty period, describing the nature of the defect and providing photographic evidence if available. We will inspect the claimed defect within a reasonable time following receipt of your notice. If the claim is covered by this warranty, we will, at our option, repair or replace the defective work. This warranty is your sole and exclusive remedy for defective workmanship, and all other warranties, whether express or implied, are disclaimed to the fullest extent permitted by Utah law.

10.5 Disclaimer of Implied Warranties

Except as expressly set forth in these Terms or your service agreement, Wolcott Landscaping LLC makes no warranties of any kind, whether express, implied, statutory, or otherwise, and specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the maximum extent permitted by applicable law. No oral or written information or advice given by Wolcott Landscaping LLC or its representatives shall create any warranty not expressly stated herein.

11. Limitation of Liability

11.1 Scope of Limitation

To the fullest extent permitted by applicable law, Wolcott Landscaping LLC, its members, managers, officers, employees, agents, and subcontractors shall not be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of use, loss of profits, loss of revenue, loss of business opportunity, diminution of property value, or emotional distress, arising out of or related to these Terms, the services provided, or any project undertaken, regardless of the legal theory upon which such claim is based, even if advised of the possibility of such damages.

11.2 Cap on Liability

In no event shall the total aggregate liability of Wolcott Landscaping LLC for any and all claims arising out of or related to these Terms, the services provided, or any project undertaken exceed the total amount paid by you to Wolcott Landscaping LLC under the applicable service agreement during the twelve-month period preceding the event giving rise to the claim. This limitation applies regardless of whether the claim is based on contract, tort, negligence, strict liability, or any other legal theory.

11.3 Exclusions

The limitations set forth in this section shall not apply to claims arising from our gross negligence, willful misconduct, or fraud, or to the extent such limitations are prohibited by Utah law. Some jurisdictions do not permit the exclusion or limitation of certain damages, and in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. Indemnification

12.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Wolcott Landscaping LLC, its members, managers, officers, employees, agents, and subcontractors from and against any and all claims, demands, actions, suits, losses, damages, liabilities, costs, and expenses, including reasonable attorney fees and court costs, arising out of or related to: your breach of these Terms or any service agreement; your negligent acts, omissions, or willful misconduct; your failure to comply with applicable laws, regulations, or permit requirements; claims by third parties arising from your use of the services; or any inaccurate, incomplete, or misleading information provided by you to Wolcott Landscaping LLC.

12.2 Notice and Cooperation

Wolcott Landscaping LLC shall promptly notify you of any claim subject to indemnification under this section and shall reasonably cooperate with you in the defense of the claim. You shall not settle any claim that imposes any obligation or liability on Wolcott Landscaping LLC without our prior written consent, which shall not be unreasonably withheld.

13. Intellectual Property

13.1 Ownership of Design Work

All landscape designs, plans, drawings, renderings, 3D visualizations, planting schemes, specifications, and other creative works produced by Wolcott Landscaping LLC in the course of providing services are and shall remain our exclusive intellectual property. You receive a non-exclusive, non-transferable, revocable license to use these materials solely for the purpose of implementing the designed landscape on the specific property identified in your service agreement.

13.2 Restrictions on Use

You may not reproduce, distribute, modify, publicly display, or create derivative works based on our designs without our prior written consent. You may not share our design documents with other contractors, designers, or landscape professionals for the purpose of competitive bidding or implementation without our express written permission. Any unauthorized use of our intellectual property constitutes a material breach of these Terms.

13.3 Photography and Portfolio Rights

Wolcott Landscaping LLC reserves the right to photograph completed projects for use in our portfolio, website, social media, marketing materials, and industry award submissions. We will not identify you by name or specific address in any public-facing materials without your consent, and we will reasonably accommodate any request to exclude your project from such materials.

14. Insurance and Bonding

14.1 Insurance Coverage

Wolcott Landscaping LLC maintains general liability insurance, workers compensation insurance as required by Utah law, and commercial automobile insurance. Certificates of insurance are available upon reasonable request. Our insurance coverage is subject to policy terms, conditions, exclusions, and limits. Nothing in these Terms shall be construed as a waiver of any insurance coverage available to either party.

14.2 Subcontractor Insurance

We require all subcontractors performing work on your property to maintain general liability insurance and workers compensation insurance as required by Utah law. Upon request, we will provide evidence of subcontractor insurance coverage to the extent available.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Wolcott Landscaping LLC values its client relationships and is committed to resolving disputes amicably and efficiently. Before initiating any formal legal action, both parties agree to attempt to resolve any dispute arising out of or relating to these Terms or the services provided through good-faith negotiation. The aggrieved party shall provide written notice of the dispute to the other party, and both parties shall meet either in person or via telephone conference within fifteen calendar days of such notice to attempt resolution.

15.2 Mediation

If the dispute cannot be resolved through informal negotiation within thirty calendar days, the parties agree to submit the dispute to non-binding mediation administered by a mutually agreed-upon mediator in Salt Lake County, Utah. Each party shall bear its own costs and shall share equally the fees and expenses of the mediator.

15.3 Binding Arbitration

If mediation does not resolve the dispute, the parties agree that any remaining controversy or claim shall be settled by binding arbitration administered in accordance with the rules of the American Arbitration Association then in effect. The arbitration shall take place in Salt Lake County, Utah, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall have the authority to award the same remedies, including attorney fees, that a court of competent jurisdiction could award. Each party shall bear its own costs and attorney fees unless the arbitrator determines that one party's position was substantially unjustified, in which case that party may be required to pay the other party's reasonable costs and attorney fees.

15.4 Small Claims Exception

Notwithstanding the foregoing, either party may pursue a claim in small claims court in Salt Lake County, Utah, provided the claim falls within the jurisdictional limits of that court and is brought on an individual basis only. The parties agree that any small claims action shall be brought solely in the small claims division of the applicable Utah district court.

16. Governing Law and Jurisdiction

16.1 Governing Law

These Terms of Service and any dispute arising out of or related to them, including any service agreement entered into between you and Wolcott Landscaping LLC, shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction.

16.2 Venue

Subject to the dispute resolution provisions set forth in Section 15 of these Terms, any legal action, suit, or proceeding arising out of or related to these Terms or any service agreement that is not subject to arbitration shall be instituted exclusively in the state or federal courts located in Salt Lake County, Utah. Each party irrevocably submits to the exclusive jurisdiction of such courts and waives any objection based on improper venue or forum non conveniens.

16.3 Utah-Specific Provisions

Wolcott Landscaping LLC is licensed and operates in accordance with the laws and regulations of the State of Utah, including but not limited to the Utah Construction Trades Licensing Act, the Utah Consumer Sales Practices Act, and applicable local ordinances in Salt Lake County and the municipalities we serve. All work performed is subject to the building codes, zoning regulations, and permit requirements of the jurisdiction in which your property is located.

17. Force Majeure

17.1 Definition

Wolcott Landscaping LLC shall not be liable for any delay or failure to perform its obligations under these Terms or any service agreement resulting from circumstances beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, hurricane, tornado, severe weather, drought, epidemic, pandemic, war, terrorism, civil unrest, strike, labor shortage, material shortage, supply chain disruption, government action or inaction, transportation interruption, or utility failure.

17.2 Effect of Force Majeure

In the event of a force majeure condition, Wolcott Landscaping LLC shall notify you as soon as reasonably practicable, and the time for performance shall be extended for a period equal to the duration of the force majeure condition plus a reasonable period to resume operations. If a force majeure condition continues for more than sixty calendar days, either party may terminate the affected service agreement upon written notice, and you shall be responsible only for payment of work completed through the date of termination.

18. Severability and Waiver

18.1 Severability

If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision in a particular jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction.

18.2 No Waiver

The failure of Wolcott Landscaping LLC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any breach of these Terms shall be deemed a waiver of any subsequent breach of the same or any other provision. Any waiver must be in writing and signed by an authorized representative of Wolcott Landscaping LLC to be effective.

19. Entire Agreement

These Terms of Service, together with any signed service agreement, proposal, change order, and any other documents expressly incorporated by reference, constitute the entire agreement between you and Wolcott Landscaping LLC regarding the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

In the event of any conflict or inconsistency between these Terms of Service and a signed service agreement, the terms of the service agreement shall control. These Terms may not be amended, modified, or supplemented except by a written instrument signed by both you and an authorized representative of Wolcott Landscaping LLC.

20. Modifications to These Terms

20.1 Right to Modify

Wolcott Landscaping LLC reserves the right to modify, amend, or replace these Terms of Service at any time at its sole discretion. When we make material changes, we will update the effective date at the top of this page and, where appropriate, provide additional notice such as a notification on our website homepage.

20.2 Your Continued Use

Your continued use of our website or engagement of our services following the posting of revised Terms of Service constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of our website and services. Changes to these Terms will not apply retroactively to any dispute or claim that arose before the effective date of the changes.

20.3 Existing Service Agreements

Modifications to these Terms of Service shall not affect the terms of any service agreement in effect as of the date of modification, unless both parties agree in writing to accept the modified terms with respect to that agreement.

21. Contact Information

If you have questions, concerns, or feedback regarding these Terms of Service, or if you need to provide any notice required or permitted under these Terms, please contact us using any of the methods below. All notices to Wolcott Landscaping LLC must be in writing to be effective.