Effective Date: {{Month Day, Year}}
Legal Entity: Yellow Rose Landscaping (“Yellow Rose,” “we,” “us,” or “our”)
Contact: [email protected] • +1 (865) 863-0639 • Knoxville, TN

By requesting a quote, booking service, paying an invoice, or allowing work to begin, you (“Client,” “you,” or “your”) agree to these Terms & Conditions.

1) Estimates, Scope & Change Orders

Estimates are valid for 30 days unless stated otherwise and are based on site conditions observed at the time of the visit.

Scope of Work is limited to what’s written on the proposal/invoice. Items not listed are not included.

Changes requested by Client must be approved in writing (email/text ok). Changes may affect price and timeline.

Discovery of hidden conditions (e.g., buried debris, excessive roots, unstable soil) may require a change order and additional charges.

2) Scheduling & Access

Start dates are estimated, dependent on weather, material availability, and prior job completion.

Client agrees to provide clear access to the job site, including gates unlocked and vehicles moved as needed.

3) Utilities, Permits & Approvals

Yellow Rose will submit 811 utility locate requests for public utilities when digging is required.

Client must mark and disclose all private lines (irrigation, low-voltage lighting, propane, septic, drain lines, invisible fences, etc.). Yellow Rose is not responsible for damage to unmarked or inaccurately marked private utilities.

Client is responsible for permits, HOA/ARC approvals, and property surveys unless otherwise specified in writing.

Retaining walls over 4 feet (or as required by local code) may require engineering. Engineering fees and permits are the Client’s responsibility unless stated otherwise.

4) Materials, Substitutions & Ownership

We may substitute materials of equal or better quality if specified products are unavailable, with reasonable notice.

All materials remain property of Yellow Rose until paid in full. We may remove installed materials if payment is not made.

5) Workmanship & Product Warranties

Hardscape workmanship (patios, walkways, walls) is warranted for 12 months from completion against installation defects (heaving/settling beyond industry tolerance not caused by drainage, utilities, vehicles, or tree roots).

Plants & sod: We guarantee plants to be healthy at installation. Because survival depends on watering, weather, pests, and soil conditions, no ongoing warranty is provided unless a paid maintenance/watering plan is in place.

Manufacturer warranties (e.g., pavers, block) are passed through to Client and subject to the manufacturer’s terms.

Normal wear, staining, efflorescence, color variation, and seasonal movement are not defects.

6) Drainage & Grading Disclaimer

We grade for reasonable surface water flow per plan. Because water can be influenced by neighboring properties, soil types, and extreme weather, no guarantee is made that water will never pond or enter structures unless a sealed/drainage system is engineered and explicitly included.

7) Lawn Maintenance & Mowing Terms (if applicable)

Service windows: Weekly/bi-weekly schedules may shift due to weather/holidays.

Wet weather policy: If conditions prevent mowing, we’ll reschedule as soon as feasible. Excess growth from weather delays may incur a tall-grass surcharge.

Gate/fence access: Client must ensure access. Locked gates or aggressive pets resulting in a no-show may incur a trip fee.

Pet waste & debris: Excessive pet waste, toys, hoses, litter, and debris must be cleared. We may skip or charge a cleanup fee.

Edging/cleanup: Standard edging, trimming, and hard-surface blow-off are included unless otherwise stated.

Irrigation timing: Please avoid watering within 12 hours prior to service. Yellow Rose is not responsible for overspray, soft turf ruts, or damage to unmarked irrigation.

8) Site Conditions & Protection

Client must identify property boundaries. We are not responsible for encroachment if boundaries are unclear.

Heavy equipment may cause tire marks/ruts on soft lawns; reasonable restoration is billable if requested.

Driveways/walkways: We use reasonable protection, but hairline cracks or scuffs may occur on aged or compromised surfaces.

9) Clean-Up & Disposal

We remove project-related debris and excess materials. Clean-up includes a reasonable sweep/blow-off. Hauling unusual existing debris (e.g., junk piles, concrete rubble) is not included unless specified.

10) Payments, Deposits & Fees

Deposits: A 30–50% deposit may be required to schedule and order materials.

Progress payments may be invoiced as milestones are reached; final payment is due upon substantial completion.

Late payments: Past-due balances accrue 1.5% per month (or the maximum allowed by law) plus collection costs and attorney fees.

Returned payments/NSF: $35 fee per occurrence.

Chargebacks are not permitted for completed work per signed scope. Disputes must be addressed under the Dispute Resolution section below.

11) Cancellations & Postponements

Before mobilization: If you cancel after accepting the estimate but before mobilization, non-refundable custom/special-order materials and administrative time will be charged.

After mobilization: A cancellation fee up to 25% of remaining contract may apply plus materials and labor already incurred.

12) Photos, Video & Marketing

Yellow Rose may photograph or film the project (including before/after) for portfolio, website, and social media. We will avoid showing addresses or identifiable occupants. If you object, let us know in writing before work begins.

13) Safety & Pets

Client agrees to keep children and pets away from work areas.

We may pause work if unsafe conditions exist; delays from safety holds are not Yellow Rose’s responsibility.

14) Third-Party & Subcontractors

We may use vetted subcontractors for portions of the work. We remain responsible for overall project delivery per these Terms.

15) Client Responsibilities

Provide timely decisions and approvals.

Ensure water and power availability when reasonably needed during working hours.

Follow watering and care guidelines after installation.

16) Delays & Force Majeure

Yellow Rose is not liable for delays caused by weather, labor/material shortages, supply chain issues, acts of God, utility/permit delays, or other causes beyond our control.

17) Limitation of Liability

To the fullest extent permitted by law, Yellow Rose’s total liability for any claim related to the work is limited to the amount paid by Client for the specific portion of work giving rise to the claim. No incidental, consequential, or special damages.

18) Indemnification

Client agrees to indemnify and hold Yellow Rose harmless from claims arising from Client-provided information, undisclosed site conditions, private utilities not disclosed/marked, or Client’s failure to obtain permits/approvals when responsible.

19) Warranty Claims & Service Requests

Submit issues to [email protected] within the warranty period with photos and a description. We will inspect and provide next steps. Warranty excludes damage from misuse, neglect, improper watering, pets, vehicles, vandalism, acts of God, or third-party work.

20) Online Payments & Privacy

We use reputable payment processors; your card data is handled by those processors and not stored by Yellow Rose. See our Privacy Policy for details on data handling for forms, estimates, and communications.

21) Dispute Resolution & Governing Law

Parties will first attempt to resolve disputes in good faith within 30 days of written notice.

If unresolved, disputes shall be resolved by binding arbitration in Knox County, Tennessee, under the rules of the American Arbitration Association.

These Terms are governed by the laws of the State of Tennessee without regard to conflict-of-law provisions.

22) Severability, Assignment & Entire Agreement

If any provision is found unenforceable, the remaining provisions remain in effect.

Client may not assign the agreement without our written consent.

These Terms, together with the accepted estimate/invoice, constitute the entire agreement and supersede prior discussions.

23) Updates to Terms

We may update these Terms from time to time. The version in effect at the time you accept an estimate or schedule service will apply to that project or service term.

Acceptance

By paying a deposit, approving the estimate in writing, or allowing work to begin, you acknowledge that you have read, understood, and agree to these Terms & Conditions.