We never cut corners on safety or quality. If weather makes it unsafe to work or risks harming your landscape, such as rutting from soft ground, we will promptly reschedule. In prolonged or abnormal weather conditions, we may reasonably use lighter equipment or adjust our approach to reduce disruption, limit overgrowth, and avoid unnecessary damage while keeping service as orderly as possible.
Rain Policy: If rain is in the forecast, we may proactively adjust the route. When possible, service may be completed the day before your normal window to help avoid delays. If not, service will be moved to the next available date once conditions safely allow. If you would like your service handled a specific way during wet or abnormal conditions, kindly let us know and we will accommodate as best we can while keeping the scope, schedule, and expectations aligned. If service is paused or delayed and the property falls out of normal maintenance condition before we return, a fair and appropriate cleanup/reset rate may apply to restore it to standard.
Our recurring pricing is built around a consistent route schedule. This consistency allows us to keep your property looking its best while keeping your service priced fairly.
Service Windows: Recurring maintenance is completed within your scheduled service day window (route-based). While we aim for consistency, exact arrival times are not guaranteed due to traffic, weather, or equipment variables. Your route service window is communicated by text/onboarding (and may adjust seasonally).
Route-Based Scheduling (Capacity & Priority): Recurring service is scheduled on a route. A visit is fulfilled when service is completed during your service window or on the next available date when weather or another condition outside the client’s reasonable control prevents service. Exact arrival times are not guaranteed. Client-caused access or site-readiness issues are governed by Sections 3 and 7.
When a visit is skipped, the next visit often takes longer. This isn't just due to grass growth, but from seasonal debris (leaves/pine needles), edging buildup, weeds, and extra cleanup. Even in slower months, properties accumulate work that must be "caught up" to maintain our professional standards.
Route Consistency & Pricing: Your recurring per-visit rate is priced for consistent service at your selected frequency and for properties kept in normal maintenance condition. Skipping or rescheduling does not entitle you to a discounted “catch-up” rate on the next visit. If extra time is required due to skipped service, a Cleanup rate and/or one-time Reset Charge may apply at our discretion.
Tall Grass & Overgrowth Trigger: If the property is not in normal maintenance condition (including extended growth, heavy debris, or conditions that increase service time beyond a standard routine visit), the visit may be billed at a Cleanup rate and/or a one-time Reset Charge may apply at our discretion.
On-Site Direction for Recurring Service: If a change in scope, pricing, or service approach requires client direction while we are on-site and we are unable to reach you within 15 minutes of our first call/text attempt, Evergreen may proceed only with approved work that can reasonably be completed, skip the affected area, or demobilize and reschedule as appropriate. Any additional visit, cleanup, reset, dispatch, or remobilization charge will be handled under Section 3.
Flexibility vs. Results (Repeated Skips): We’re happy to accommodate occasional changes with proper notice. However, repeated skipping/rescheduling or missed access disrupts routing and makes it difficult to deliver consistent results at a fair per-visit rate. If this becomes a pattern, Evergreen may (at its discretion) move the property to as-available scheduling or remove it from the recurring route. Re-entry is subject to availability and may require a Cleanup rate and/or Reset Charge if the property is no longer in normal maintenance condition.
Pausing Your Service
Acceptance of These Terms
By approving an estimate, accepting a service agreement, making a required payment, requesting scheduling, allowing Evergreen to reserve route, appointment, service, or project capacity, or permitting service to begin, the client agrees to the applicable cancellation, rescheduling, access, dispatch, demobilization, refund, and final billing terms in this section.
These terms help keep expectations clear before Evergreen commits appointment time, crew time, planning, administration, travel, materials, equipment, vendors, subcontractors, route space, or schedule capacity.
Cancellation, Rescheduling & Notice Requirements
All notice periods below are subject to the Notice Cutoff defined in these Terms.
Services Scheduled Inside the Notice Period: If a service is accepted, paid, or scheduled with fewer days remaining than the otherwise required notice period, the applicable short-notice cancellation and rescheduling terms apply immediately once Evergreen reserves the appointment, route, service, or project capacity.
These notice requirements do not limit any cancellation right that cannot lawfully be waived.
Project Scheduling, Commitments, Deposits & Materials
Project dates are reserved in good faith for both sides. Once a project is approved, Evergreen begins coordinating the time, people, materials, equipment, and other resources needed to complete the work as planned. We understand plans can change and will work reasonably with clients when they do. These terms help keep scheduling, pricing, and commitments fair and predictable for every client.
Recurring Service Pauses: Pausing removes the property from its normal recurring schedule until service is requested to resume. Resuming service is subject to route availability and property condition. If the property falls outside normal maintenance condition during the pause, a Cleanup rate, Reset Charge, or separate cleanup scope may apply before normal recurring service resumes.
Access & Site Readiness
Clients are responsible for providing safe, sanitary, and reasonably accessible service areas, including required access, secured pets, cleared work areas, disclosed hazards, requested markings, and necessary site instructions.
If Evergreen cannot safely or reasonably complete the scheduled service because the property is inaccessible or not ready, Evergreen may complete accessible areas, delay or reschedule the work, decline the visit, or apply the applicable dispatch, cleanup, sanitation, demobilization, or time-allocation charge. Additional client-readiness requirements are outlined in Section 7.
Schedule Disruption, Dispatch & Demobilization
These charges help account for confirmed schedule capacity, crew or appointment time, equipment, travel, materials, and other resources that cannot reasonably be reassigned when a service changes on short notice or the property is not ready.
Annual, Commercial & Term-Based Recurring Agreements
Some recurring services, including commercial, HOA, property-managed, estate, seasonal, premium recurring, or annual maintenance accounts, may be structured around a defined service term. An arrangement is treated as term-based only when the accepted Service Documents identify an annual, seasonal, 12-month, or other defined service term. Route space, pricing, labor planning, and service availability may be reserved based on that full term.
Ownership, Tenant, Manager & Property Transfer
Recurring agreements do not automatically transfer to a new owner, tenant, landlord, buyer, property manager, board, management company, or successor party unless that party accepts the arrangement in writing and Evergreen approves the transfer.
Courtesy Waiver, When Appropriate
At management discretion, Evergreen may waive one Route Disruption/Dispatch or Demobilization charge per property per calendar year as a courtesy for a long-term client in good standing.
A courtesy waiver is not automatic and does not apply to repeated issues, chronic rescheduling, missed access, active past-due balances, consultation charges, material or vendor commitments, subcontractor charges, term-based agreement termination, or situations where Evergreen has already incurred significant costs.
Fair Refunds & Final Billing: When a service is cancelled, rescheduled, paused, or ended after Evergreen has reserved capacity, begun preparation, incurred costs, or started work, any refund or final balance will be based on completed work and costs or commitments already incurred or reasonably committed. These may include appointment or schedule capacity, planning, administration, travel, labor, materials, equipment, suppliers, subcontractors, delivery, disposal, and related scheduling impact. Consultation charges remain subject to the specific consultation terms above. If applicable costs exceed the amount already paid, the remaining balance may be due as permitted by the Service Documents and applicable law. Any exception must be approved by Evergreen in writing.
For recurring route service, service is considered completed when the scheduled work is performed during the applicable service window. For one-time services and projects, service is considered completed when Evergreen completes the approved scope. For consultations and scheduled appointments, service is considered completed when the scheduled appointment and any included consultation deliverables have been provided. Evergreen’s internal documentation, including GPS timestamps, crew notes, photos, appointment records, or written findings, serves as confirmation of completion for billing purposes. If requested within 7 calendar days of the service date, we can provide available completion or appointment documentation as verification.
Project Completion: Once Evergreen completes the approved work, the undisputed remaining balance is due that same day unless a different written payment schedule was approved beforehand. Larger projects may use an approved payment schedule, such as 50% upfront, 25% during the project, and 25% at completion. Any amount that applicable law permits a client to withhold because of a good-faith dispute remains governed by applicable law.
Evergreen is responsible for managing and completing the approved work, so clients do not need to supervise the crew or provide daily direction. However, the client or an authorized decision-maker must remain reasonably available by phone or text during business hours on the scheduled service day, including any reasonable schedule adjustment caused by weather, access, supplier availability, or other unexpected conditions. If an issue or requested change materially affects the approved scope, materials, layout, price, schedule, access, or work already completed, Evergreen may pause the affected work until a timely decision or written approval is received. Added or changed work will proceed only after Evergreen management confirms any updates to the scope, price, schedule, or payment terms. Delayed decisions or unavailable access may result in schedule changes, demobilization, additional labor or material costs, updated pricing, or other applicable charges, and work may resume based on current availability.
If the needed access, decision, or written approval is not provided within 5 full calendar days after written notice, the project may be treated as delayed or stopped at the client’s direction. The deposit may then be applied toward work already completed, materials ordered or reserved, crew and equipment time, project preparation, schedule disruption, and other costs already incurred or committed. Any remaining balance will be invoiced.
Project rescheduling is governed by Section 3. Replacement dates are subject to current availability, and repeated or extended client-requested delays may require a new scheduling or pricing review. Any requested completion walkthrough must be scheduled within 48 hours. A walkthrough does not change the project completion date, final balance, or payment due date.
Service Direction & Site Conduct: Evergreen manages the approved work from start to finish. Any addition, removal, substitution, or other material change must be reviewed and approved in writing by Evergreen management before it is made. Requests made directly to the crew or at the property do not change the approved scope, price, or schedule unless Evergreen management confirms the change in writing.
Project Team & Trade Partners: Evergreen may use employees, qualified subcontractors, vendors, or trade partners to perform or support the approved scope when appropriate to complete the work efficiently and professionally. Evergreen remains responsible for managing the work covered by its agreement with the client.
Evergreen may pause work or leave the site if communication, access, or project direction becomes unclear, unavailable, or conflicting, or if any person interferes with the crew’s ability to complete the approved work safely and properly. This applies whether the issue is intentional or simply the result of a communication breakdown. After reviewing the situation, Evergreen may agree to resume the project under clear written next steps or may decline to continue if the issue remains unresolved, these Terms have been violated, or continuing the project is no longer safe or reasonably workable. If Evergreen agrees to resume, work will restart only after Evergreen confirms the next steps, subject to current availability, applicable charges, and any needed written updates to the scope, price, schedule, or payment terms. Pausing or ending the project does not waive payment for completed work or costs already incurred or committed.
Payment terms for one-time services will be stated in the applicable Service Documents. Any required upfront payment reserves the scheduled service capacity and may be applied toward planning, scheduling, labor, equipment, materials, travel, and other service commitments. Cancellation and rescheduling are governed by Section 3.
Unless otherwise stated in the Service Documents, paid consultations, assessments, walkthroughs, diagnostic visits, and similar scheduled appointments require payment in full before the appointment is reserved. Once accepted, paid, and scheduled, the consultation charge is non-refundable, subject to Section 3 and applicable law. The charge reserves the scheduled appointment window and the consultation or deliverables described in the approved scope. One client-requested reschedule may be permitted under the notice, timing, and availability requirements in Section 3.
Card on File (Required): Recurring service requires auto-pay (card on file) to remain on the route. Unless otherwise stated on your estimate, charges are processed after each completed visit (typically same day or next business day). For estimates or service packages that state monthly billing, charges will be processed according to the billing structure listed on the estimate. Your rate is based on your selected frequency, reserved route placement, and normal maintenance condition, not on exact minutes on-site.
Billing Structure (Recurring): Unless otherwise stated on your estimate, recurring maintenance is billed per completed visit at the agreed per-visit rate. If your accepted estimate specifically provides for monthly billing, charges will instead be processed monthly according to that estimate. Your billing date is typically the date you were first placed on our schedule, unless a different date was clearly stated or agreed to in writing. For example, if you were placed on the route on the 7th, your monthly billing date will typically be the 7th of each month. Monthly billing helps reserve your place on the route and support your agreed service frequency, even though exact visit timing may occasionally shift due to weather, holidays, access, or route flow. Service remains route-based and is completed within your normal service window, including the day before or next available date when needed.
Rate & Billing Updates: For non-term recurring services, Evergreen may update rates or billing arrangements for future service with at least 30 calendar days' advance written notice where authorized by the accepted Service Documents and applicable payment terms. The notice will explain the new amount, billing schedule, effective date, and cancellation options. Changes may take effect earlier if both parties agree in writing. Any additional approval or payment authorization required by law or payment rules must be obtained before charges change. This notice period does not delay service holds for unpaid balances under the Payment Failures policy below.
Payment Failures: If a card charge fails, we’ll notify you by text/email. If the balance remains unpaid after the applicable grace period, future visits may be paused until payment is resolved and a valid payment method is on file. Repeated payment failures may require a revised payment arrangement accepted in writing before service resumes. Route placement may be removed, and rescheduling is subject to availability.
Authorization to Charge Payment Method on File: By providing a payment method for recurring service, the client authorizes Evergreen Outdoor Services, LLC to charge that payment method for recurring service charges, outstanding account balances, applicable late charges, and other amounts due under the accepted Service Documents and these Terms, to the extent permitted by law. This authorization covers charges for completed visits as well as retrying a previously unpaid charge tied to the same recurring account. This authorization remains in effect until recurring service is cancelled and any outstanding balance is paid in full, unless the client revokes it in writing beforehand (text or email to the contact information on the invoice/estimate is acceptable). Evergreen will not charge the payment method on file for amounts beyond those described in the accepted Service Documents and these Terms. Revoking payment authorization does not itself cancel service or waive amounts already due. Recurring service may be paused or removed from the route if a required valid payment method is not maintained.
Billing Disputes & Payment Reversals: Clients should report any billing or service-charge concern directly to Evergreen in writing by email or text within 7 calendar days of the service date (or the last day of the scheduled service window for route-based recurring service) using the contact information listed on the invoice or estimate so the matter can be reviewed while records are current. This reporting standard does not limit rights that cannot lawfully be waived. Evergreen will review concerns in good faith using available records such as notes, photos, timestamps, and payment history. Undisputed amounts remain due under the applicable payment terms while a concern is reviewed. External payment-dispute or reversal rights remain governed by applicable law and payment-network rules. If a dispute or reversal is ultimately resolved in Evergreen’s favor, the unpaid balance and any reversal charges or reasonable administrative costs permitted by law remain due. Recurring billing continues according to the accepted per-visit or monthly billing arrangement unless otherwise agreed in writing.
Resolution Before Reversals: If there’s a concern, kindly contact us first by text/email so we can investigate with notes, photos, and timestamps and make it right when appropriate. This helps avoid processing charges and prevents unnecessary delays to account resolution.
Universal Late-Payment Standard: Unless the applicable Service Documents provide a longer grace period, any amount not paid within 3 calendar days after its due date may be assessed a one-time $50 administrative late charge for that delinquent balance, to the extent permitted by applicable law. For card-on-file recurring service, the grace period begins on the date of the first failed charge attempt for the amount due. For projects, one-time services, consultations, and other invoiced work, the grace period begins on the stated payment due date.
The $50 administrative late charge is intended to reasonably account for additional billing, payment retry, account handling, communication, and collection administration caused by delinquency and is not intended as interest. The same delinquent balance will not receive repeated flat late charges. After the initial late charge, the unpaid principal may accrue simple interest at the maximum lawful rate applicable to that obligation until paid.
Balances more than 7 calendar days past due may result in removal from recurring route placement or withholding of an optional warranty or plant guarantee, as permitted by law. All late charges, interest, collection costs, and other amounts related to delinquency remain subject to applicable law.
Collections Costs: If an unpaid balance is sent to collections or legal resolution, the customer agrees to pay reasonable collection costs, filing fees, and administrative time as allowed by law and consistent with Section 9.
Unless the estimate states a different expiration date, estimates for work that can change quickly with property growth are valid for 5 calendar days from the date sent. This includes lawn maintenance, property or lawn cleanups, garden-bed cleanups, mulch installation, shrub trimming, overgrowth work, and similar services.
Unless the estimate states otherwise, estimates for more stable project work are valid for 14 calendar days from the date sent.
If an estimate includes its own expiration date or validity period, the date shown on the estimate will apply. After an estimate expires, Evergreen may review the property condition, approved scope, access, material costs, availability, and scheduling before renewing or updating the estimate.
Pricing and scheduling are secured only after the estimate is accepted and any required upfront payment is received. Accepted project pricing may be reviewed or updated if the client repeatedly reschedules, materially changes the scope or site conditions, or delays the project beyond the rescheduling window described in Section 3.
Evergreen Outdoor Services, LLC will contact 811 for utility marking only when required by law (excavation/trenching). For all other services:
To avoid surprises and protect your budget, some conditions may not be reasonably discoverable until work is underway, including hidden obstacles, buried debris, shallow lines, or installation conflicts.
For active project or one-time work involving an unanticipated condition, client direction is requested within 60 minutes of our first call/text attempt while the crew is on-site. If timely direction is not received, Evergreen may pause the affected work or demobilize. Any applicable dispatch, demobilization, labor, equipment, or rescheduling charge will be handled under Section 3.
Sod, plants, trees, shrubs, flowers, and other living materials are natural products. Evergreen Outdoor Services installs and handles living materials using professional practices, quality materials, and reasonable care. However, their ongoing health, color, growth, establishment, and long-term survival are affected by factors outside of installation workmanship.
Factors Outside Evergreen’s Control: Living material may be affected by weather, extreme heat, drought, excessive rainfall, irrigation coverage, watering consistency, drainage, soil conditions, disease, fungus, insects, pests, pet activity, wildlife, shade, foot traffic, chemical exposure, mowing practices, maintenance practices, and other environmental or site conditions.
Living Material Guarantee: Unless expressly stated in writing on the accepted estimate or service agreement, Evergreen does not guarantee the long-term health, color, establishment, or survival of sod, plants, trees, shrubs, flowers, or other living materials after installation.
Evergreen’s responsibility is limited to performing the approved installation in a professional and workmanlike manner using appropriate materials and accepted installation practices. Concerns involving living material will be reviewed based on documented workmanship, installation photos, completion records, care instructions provided, site conditions, and any other available information.
Client maintenance after installation is important and can strongly influence results. This may include proper watering, irrigation monitoring, mowing timing, avoiding traffic on newly installed areas, pest or disease monitoring, and following any care instructions provided.
However, even when care instructions are followed, living material may still be affected by factors outside Evergreen’s control, including extreme heat, insufficient rainfall, excessive rainfall, drainage conditions, soil conditions, grubs, insects, fungus, disease pressure, wildlife, pet activity, shade, and other environmental or site conditions. These factors may affect results and are not considered installation defects.
Clients are responsible for making sure the property is reasonably ready, safe, sanitary, and accessible before scheduled service.
Limitation of Liability
To the fullest extent permitted by law, Evergreen will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, loss of use, business interruption, or emotional distress.
For contract, warranty, economic-loss, or similar claims that do not involve bodily injury or direct physical damage to tangible property, Evergreen’s aggregate liability will not exceed the amount paid to Evergreen for the specific service or project giving rise to the claim.
For direct physical damage to tangible property proven to have been caused by Evergreen, any recoverable amount will be limited to the reasonable cost to repair or replace the specific affected property, taking into account its condition, age, depreciation, pre-existing damage, and betterment, and subject to any other applicable defenses, exclusions, and limitations.
Nothing in these Terms limits or excludes liability to the extent applicable law does not permit that liability to be limited or excluded.
Good-Faith Resolution First: If an issue comes up, both parties agree to first attempt good-faith resolution by phone, text, or email. The parties may also agree in writing to use mediation before arbitration.
Governing Law: These Terms and all services provided by Evergreen are governed by the laws of the State of Texas, except that the arbitration provision below is governed by the Federal Arbitration Act to the extent applicable and otherwise by applicable Texas arbitration law.
Binding Arbitration & Jury-Trial Notice
Except for an eligible small-claims matter and the limited court remedies expressly preserved below, any dispute, claim, or controversy arising out of or relating to the Service Documents, these Terms, or services provided by Evergreen that cannot be resolved directly will be resolved by binding arbitration administered by the American Arbitration Association (AAA). Consumer disputes will use the applicable AAA Consumer Arbitration Rules, and business or commercial disputes will use the applicable AAA Commercial Arbitration Rules.
The arbitration will be decided by one neutral arbitrator. The contractual location is Harris County, Texas, although the proceeding may be conducted remotely or in another location when required by applicable law, the AAA rules, or written agreement of the parties. Filing fees, administrative fees, and arbitrator compensation will be allocated under the applicable AAA rules and governing law. The arbitrator may award any remedy available under applicable law, and attorney’s fees may be awarded only when authorized by these Terms or applicable law.
Small Claims & Preserved Rights: Either party may bring an eligible individual claim in small claims court instead of arbitration. Nothing in this section prevents a party from sending statutory notices, preserving or enforcing valid lien rights, or seeking temporary or emergency court relief when reasonably necessary to protect property or legal rights while arbitration is pending.
BY AGREEING TO BINDING ARBITRATION, THE PARTIES UNDERSTAND THAT COVERED DISPUTES ARE GENERALLY DECIDED BY AN ARBITRATOR RATHER THAN BY A JUDGE OR JURY.
If the arbitration requirement is determined to be unenforceable for a particular dispute, then, to the extent permitted by law, that dispute will be brought exclusively in the appropriate state or federal court serving Harris County, Texas.
Collections: Balances that remain unpaid for more than 30 calendar days after the original due date may be referred to a third-party collection agency or legal collection process. The client remains responsible for reasonable collection costs where permitted by law.
Photography: We may take before-and-after photos of our work for quality control, training, and our portfolio/marketing.
Your privacy matters. We do our best to avoid or remove identifying details such as house numbers, addresses, license plates, and personal items by framing shots carefully and, when needed, cropping or blurring. If something identifying is accidentally visible, let us know and we’ll promptly edit or remove the image.
Opt-out anytime: If you prefer we don’t use photos of your property, just text or email us and we’ll gladly opt you out.
Severability: If any part of these Terms is found invalid or unenforceable, the remaining terms will continue to apply.
These Terms & Conditions, together with your accepted estimate, invoice, proposal, or other written scope of work (collectively, the “Service Documents”), form the entire agreement between you and Evergreen Outdoor Services, LLC (“Evergreen”). They replace all prior discussions, texts, calls, or understandings relating to the same services.
No verbal modifications. Any promise, change, waiver, or addition is only valid if confirmed in writing by Evergreen (text or email is acceptable). If any Service Document conflicts with these Terms, the Service Document governs only for that specific scope or line item; all other Terms remain in effect.
Updates & Version Control: Evergreen may update these Terms from time to time. For projects, one-time services, consultations, and scheduled appointments, the version in effect when the applicable Service Document is accepted will apply unless both parties agree otherwise in writing. For recurring services, the version in effect when service begins will apply, subject to later updates permitted by the accepted Service Documents and applicable law and communicated with reasonable notice. Service-specific terms stated in an accepted Service Document will continue to govern that specific scope.
Thank You: By accepting an estimate, scheduling service, authorizing work, or submitting a required payment, you confirm you’ve reviewed and agree to the Service Documents and these Terms. Clear expectations help us provide dependable, professional service and take better care of your property.
