Free Sample Gardening Contract Templates

To help you grow your business, we've created a pretty simple yet reliable gardening contract template in Word and PDF versions so you can use it over and over.

What's in this model?

• Definitions and interpretations

• Fees and payment

• Force majeure

What is a gardening contract?

The gardening contract or agreement is intended for use by all entities (whether SMEs or otherwise) that provide gardening services. Although this is a fair and equitable agreement for both parties, it is largely drafted in favor of the party providing the services (the independent contractor).

What is gardening?

Gardening is an activity of improving and creating the environment, undertaken to produce food or flowers. Gardening is also the work of laying out and maintaining green spaces, lawns, fields, public parks, etc. Gardeners work in such a way as to obtain the highest possible quality in their work. They work in green spaces (parks, gardens, cemeteries, etc.) or agrarian spaces (fields, orchards, etc.), but also in culture spaces. for commercial purposes (vegetable gardens, flower nurseries, botanical gardens, etc.).

Gardeners have an important role in the development and maintenance of private and public spaces.

In the modern world where natural spaces have become rare and where the population is concentrated on increasingly restricted territories, gardening has become a necessity for the life of human beings.

There are several professions in gardening which must be distinguished: there is the landscape gardener who creates and arranges the space to create a pleasant atmosphere. On the other hand, there is the gardener of parks and gardens who takes care of the maintenance of public or private green spaces and who therefore works in more protected environments.

Gardeners work in the field of the environment and therefore contribute to the preservation of natural areas.

They are required to work outdoors, in all weather conditions and in all climatic conditions.

Knowledge of botany and horticulture is necessary to become a landscape gardener and work in the landscape field.

What are the types of gardening contracts?

Gardening contracts can be of one type or another. Most contracts are established in advance and the gardener performs work on a monthly, quarterly or yearly basis depending on the needs of the client. Other types of contracts are also available. A task contract can be established for a specific job such as tree pruning or brush clearing. An annual contract can also be concluded, but in this case the gardener is not paid on a monthly basis. A part-time can also be modified to meet the needs of the client.

The amount of gardening fees may be determined by a gardening contract or otherwise. In general, gardening costs vary between €15 and €30 per hour, but this price can vary depending on the size of the garden and other factors.

What is the purpose of the gardening contract?

Individuals and businesses providing gardening services sometimes find that customers do not fully understand the nature of the business. When you have a written contract, this may be easier, as it will contain certain details of the scope of services as well as practical matters of access, fees and payment etc.

Important Terms

What should a gardening contract contain?

It consists of a one-page agreement form, a set of business terms and a schedule containing details of the work, location, time and frequency of visits.

Definitions and interpretations

This contains a few definitions that are in a format that should not be changed based on the specific details of the project.

Provision of services

This clause sets out the fundamental obligation of the company to provide the services indicated in the schedule. It is the company's responsibility to provide all equipment and materials and remove them from the site at the end of each visit.

Duration

The wording assumes a 12-month contract that will automatically renew unless terminated. Any different period must be indicated in the agreement form.

Fees and payment

This clause contains the default position for invoicing and payment. All special conditions must be listed in the appendix. The law mentioned here allows a company to claim interest at the rate set by the government and which is currently 8% above the base rate of the Bank of England. An alternative is to have a fixed rate in the contract – for example 3% above the base rate of Barclays Bank plc.

In practice, it will be necessary to obtain the customer's agreement on any increase in charges before they are implemented.

Obligations of the firm

This clause contains general obligations for the firm, in particular that it already knows or has obtained references from its staff and to ensure that they are reliable.

The Firm is required to maintain adequate liability insurance to provide the Client with a measure of protection against loss and injury caused by the Firm's negligence.

Generally, this clause is designed to give some assurance to the customer that the company and its personnel can be relied upon.

Client's obligations

The clause deals with a number of practical issues to ensure that company staff can access at agreed times and know how to handle the fire alarm and any other security systems. In addition, the customer is specifically responsible for ensuring compliance with health and safety requirements.

Loss of property

This is designed to ensure that the company's liability for loss or damage to customer property only arises in the event of proven misconduct by its personnel. The company must take out a civil liability insurance policy to protect itself against this risk.

Customer complaints

It is a good idea to have a time limit within which customers are expected to report their complaints. Although this clause contains appropriate language, if the customer does not file a complaint within 7 calendar days, the company could still have a potential claim against him.

Suspension of benefits

If the customer fails to pay or commits another serious breach of contract, this clause gives the company the option of suspending the contract rather than terminating it completely. If you decide to exercise your right of suspension, you must notify the client, specifying the reasons for the suspension.

Termination

Under this, either party can terminate with 30 days notice after the initial period (of 12 months) is over. If you want the contract to run from one year to the next, the wording will have to be changed or other provisions will have to be defined in the appendix.

The clause also allows each party to give notice of termination if the other party goes bankrupt or commits a breach of contract.

Force majeure

Circumstances beyond the company's control would allow the company to avoid its obligations under the contract. Whether a customer would accept that a staff shortage is a 'force majeure' event is a matter of conjecture, but on the face of it this clause should offer some protection to the company in such circumstances. Exceptional weather conditions would in all likelihood be covered by this clause.

Policy

Since the firm and its employees may have access to confidential information relating to the client, the clause aims to reassure the client. Please note that this obligation is mutually binding.

No solicitation of firm employees

This clause is intended to prevent the client from offering work to company personnel both during the term of the contract and for six months after its end. A breach by the client entitles the firm to claim compensation as provided for in the clause.

Responsibility

This clause is intended to limit the firm's liability, on the one hand by excluding liability for consequential damages suffered by the client and on the other hand by capping liability in any month at the level of civil liability insurance. Since it is not permitted by law to limit liability for death or personal injury, this risk is unlimited. The company is required to take out liability insurance.

Law and litigation

In the event of a dispute, this clause provides a three-step process to resolve the issue. First, direct negotiation between senior executives; secondly, if this does not solve the problem, the dispute can be submitted to mediation. It is only after these processes that a dispute can be taken to court.

General

This clause contains certain provisions that lawyers call "boilerplate" clauses.

Program

Here, the scope of the services must be specified: two types of gardening contracts are offered, on the one hand the simple seasonal planting of planters, planters and planters, and on the other hand the more complex needs of a customer with a land to maintain.

Fees must also be indicated in the schedule as indicated.