This Proposal and Contract of Landscape Services (this "agreement") is, between property owner, herein referred to as "Owner", and Hoy Landscaping, a Greenwise Company herein referred to as "Contractor", in consideration of the mutual covenants hereinafter set forth, through the signatures above the owner and the contractor hereby agree as follows:

SECTION ONE: STRUCTURE AND SITE

Contractor shall furnish all labor and materials necessary to construct and install all specified line items contained in the above Project Bid Proposal, upon the following described property, which owner warrants he/she is the lawful owner thereof and is authorized to engage the contractor to perform the services described herein.

SECTION TWO: PLANS

Contractor shall construct the landscape in conformance with the plans and specifications associated with the Project Bid Proposal, and will do so in a workmanlike manner. Contractor is not responsible for furnishing any improvements other than the proposed landscaping unless they are specifically stated in the Project Bid Proposal or added in a signed Change Order in which a pre-work deposit has been paid in full. This proposal and contract supersedes the drawings. Any concealed contingencies will be addressed with the client and a change order will be required for additional costs incurred before work will continue.

Owner will take all actions reasonably necessary to enable Contractor to perform under this Agreement and understands that the peace and privacy of Owner’s home may disrupted for the time required to perform the Work.

SECTION THREE: PAYMENT

Due to the unprecedented volatility in material costs, Contractor reserves the right pass through cost variances and resulting price increases via a change order. All change orders will be presented for approval prior to being processed. Labor pricing at the time of contract signing will not be changed.

Contractor reserves the right to apply fuel surcharges, up to $35.00 per day or visit, to offset increases in fuel costs.

Owner shall pay contractor a percentage (as set forth on the payment schedule included herein) of the Project Bid Proposal in order to act as a non-refundable deposit. Contractor expects deposit to be paid prior to commencement of any and all work detailed in the above proposal. See payment schedule on last page of this document for details. Final payment is due upon project completion. Any changes to the proposal will be adjusted and collected as set forth in any change order, at Contractor's discretion, upon project completion. A service charge of 2.0% per month, compounded monthly (26.87% APR), will be added to all account balances that are not paid within thirty (30) days after the date of the invoice.

Contractor may take such action as necessary, including ceasing work on Project Bid Proposal, retaining possession of the landscape materials, legal proceedings, and such other activities permitted by law, to enforce its rights hereunder. Should contractor pursue legal or collection actions related to non-payment and receive judgment in favor of contractor, contractor shall be entitled to reimbursement of collection fees, attorney's fees, court costs and filing fees.

Refunded payments previously paid via credit card will be subject to a 4.0% re-processing fee.

To the extent owner and contractor mutually agree to change the scope of or terminate this agreement, any applicable re-stocking fees or non-returnable material expenses already incurred will be invoiced directly to client.

SECTION FOUR: RESPONSIBILITY

Contractor shall not be responsible for claims arising out of improper placement or positioning of boundary stakes or house stakes; nor shall contractor be responsible for actions taken by owner or his representatives or agents, nor any damages to persons or property occasioned by owner or his/her representatives, agents, third parties, acts of God or other causes beyond contractor's control. Owner shall hold contractor completely harmless from, and shall indemnify contractor for all costs, damages, losses, and expenses, including judgments and attorney's fees resulting from claims enumerated in this paragraph and from any breach or default under this agreement by owner.

Contractor shall not be responsible for any private underground lines (including but not limited to: private electric, private gas, irrigation, pet fences, automated mower lines), unless: description of the utilities is communicated, in writing, to contractor, AND lines are appropriately marked with flags or marking paint. Verbal communication of lines is not sufficient given that, without proper marking, contractor is unable to see these lines prior to work commencing.

In the event that Owner or any third-party claims that Contractor is in any way liable for negligently performing the services, for any breach or claim for breach of this Agreement, or for any other reason or claim, Contractor and its agents or employees shall be limited in liability to the sum of two thousand dollars ($2,000.00) or the total fee paid for the services and Project, whichever is greater, as consequential damages and not as a penalty.

SECTION FIVE: POSSESSION

Owner shall not have possession of the landscape materials until such time as all payments and other obligations required of them as set forth in this agreement have been fully paid or performed by them.