Terms and Conditions

Last updated: May 22, 2026
 

1. Acceptance and Incorporation (Master Service Agreement)

These Terms & Conditions ("Terms") govern your use of ImperialLandscaping.com, its associated digital portals, and serve as the legally binding Master Service Agreement (MSA) for all physical services provided by Imperial Landscaping LLC (VA DPOR Class A #2705183133). By accessing our website, requesting an estimate, rendering any form of payment (including deposits or auto-drafts), clicking "I Agree," or executing a proposal physically or digitally via any software platform, email, or portal utilized by Imperial, you expressly acknowledge that you have read, understood, and unconditionally agree to be bound by these Terms. In the event of a direct conflict between these Terms and a mutually executed written estimate, the specific parameters of the written estimate shall prevail strictly regarding the scope of work and price.

2. Execution of Services & Scope

  • Standard of Work: We guarantee premium execution strictly limited to the written scope of your estimate/contract.
  • Unforeseen Conditions: Hidden site conditions (e.g., subsurface rock, buried debris, drainage issues) require a written Change Order and will incur additional charges.
  • Weather Routing & Evergreen Term: Execution is subject to force majeure and weather delays. Saturated properties will be dynamically shifted to prevent rutting. Accounts automatically renew seasonally for uninterrupted management unless canceled in writing.
  • Media Rights: We reserve the right to photograph/video the property for documentation, liability defense, and marketing purposes.
  • Dynamic Fuel & Material Surcharges: Imperial Landscaping LLC reserves the right to implement a proportionate, temporary surcharge on services if the regional cost of diesel fuel, fertilizers, or raw materials increases by more than 10% from the time of contract execution, based on the U.S. Energy Information Administration (EIA) or applicable commodity indices. Clients will receive 14 days' written notice prior to any surcharge application.

3. Financial Protocol & Default

  • Payments & Surcharges: A vaulted card/ACH is required prior to service. You authorize automated drafts within 24 hours of service completion. Credit/debit card transactions incur a 3.53% processing fee; ACH/E-Check transactions are free.
  • Declines, Fees & Default: Declined transactions immediately pause service and incur a $25 fee. Returned checks incur a $50 NSF fee. Balances 30 days past due trigger a $15 late fee, establishing default (Commercial Net-30 incurs 1.5% monthly interest).
  • Collection Costs: In the event of default, the client assumes full financial responsibility for all costs of collection, including but not limited to attorney's fees, court costs, and collection agency commissions.

4. Liability, Agronomy & Property Access

  • Subsurface Utilities: We assume zero liability for unmarked private utilities (irrigation, dog fences, lighting, drainage). We will contact VA 811 for public utilities.
  • Site Preparation: Turf zones must be 100% clear of pet waste, hoses, toys, and debris prior to arrival. Crews will not move personal items. Obstructed zones, locked gates, or properties with excessive pet waste will be bypassed and billed at the full standard rate.
  • Agronomic Standards: Mowing is executed to VA Transition Zone best practices. Bi-weekly scheduling during peak growth violates the "1/3 Rule"; Imperial assumes no liability for clipping clumps or turf shock on extended intervals. Overgrowth requiring a double-cut incurs a prorated surcharge.
  • Living Assets Warranty: We assume no liability for turf/plant mortality due to acts of God, weather, pests, or Client’s failure to maintain proper watering. Any applicable warranties require a separate Warranty Schedule and are strictly contingent upon the account being paid in full.
  • Turf Transition Zone & Chemical Compliance (Agronomy Void): The Commonwealth of Virginia lies in the agronomic Transition Zone. Our turf management programs (fertilization, weed/disease control) require strict Client compliance regarding irrigation scheduling and mowing heights. Any application of third-party chemicals, failure to remediate irrigation deficits, or evening watering that induces fungal pathogens (e.g., Brown Patch/Pythium) immediately voids all living asset warranties and guaranteed agronomic outcomes.
  • Winter Services & Slip/Fall Indemnification: For any snow mitigation or ice control services, Imperial Landscaping LLC executes strictly to the contracted statement of work and depth triggers, not to a "zero-tolerance" or "bare pavement" standard unless explicitly contracted in writing. The Client retains ultimate responsibility for site safety. The Client agrees to indemnify, defend, and hold harmless Imperial Landscaping LLC from any third-party claims, lawsuits, or damages arising from slip-and-fall incidents or vehicular accidents, including events occurring outside of our contracted service hours, during weather events below our contracted accumulation triggers, or in areas explicitly excluded from our defined scope of work.

5. Disclaimer of Warranties & Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL SERVICES AND DIGITAL PLATFORMS ARE PROVIDED "AS IS." IMPERIAL LANDSCAPING LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. OUR MAXIMUM TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

6. Mandatory Arbitration & Class Action Waiver

PLEASE READ CAREFULLY. Any dispute, claim, or controversy arising out of or relating to these Terms, our Privacy Policy, or services provided, shall be resolved by binding arbitration administered by the American Arbitration Association in Fredericksburg, Virginia, rather than in court. You and Imperial Landscaping LLC agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

7. Client Indemnification

The Client agrees to indemnify, defend, and hold harmless Imperial Landscaping LLC, its officers, employees, and agents, from and against any claims, damages, losses, and expenses (including attorney’s fees) arising out of or resulting from the Client’s negligence, breach of this Agreement, or failure to disclose hazardous site conditions.

8. Governing Law & Severability

These Terms are governed by the laws of the Commonwealth of Virginia. If any provision is deemed unenforceable, the remaining provisions shall remain in full force and effect.  Imperial Landscaping LLC reserves the right to update or modify these Terms at any time without prior notice. The most current version will be posted on our website, and your continued use of our services following any changes constitutes your acceptance of the revised Terms.  Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Changes to These Terms and Conditions

We reserve the right to modify these terms and conditions at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our website or services after any changes to these terms and conditions will constitute your acceptance of such changes.

Contact Us

If you have any questions or concerns about these terms and conditions, please contact us at Estimator@ImperialLandscaping.com or at our mailing address:

Imperial Landscaping
17 Clarion Drive
Fredericksburg, VA 22405