Terms & Conditions

Terms & Condition - General

1. Scope of Services
The Company provides professional yard and landscape-related services, which may include but are not limited to:

• Landscape and yard design

• Ant, bee (except honey bee) and spider control treatment

• Plant selection and installation

• Hardscape design and installation​

• Irrigation planning

• Seasonal or routine maintenance services

• Home  and surface exterior cleaning and enhancement services

All services will be described in a written proposal, contract, or invoice. No work shall commence without an agreement and/or required deposit.

2. Estimates, Pricing & Payment Terms
2.1 Estimates
All estimates are valid for thirty (30) days unless otherwise stated in writing. Pricing is subject to change due to material cost fluctuations, site conditions or scope modifications.
2.2 Deposits
A non-refundable deposit (typically 30–50% for projects over $1,000 unless otherwise specified) is required prior to scheduling and commencement of services.
2.3 Payment Schedule
Remaining balances are due according to the payment schedule set forth in the service agreement. Late payments may accrue interest at 1.5% per month (18% annually) or the maximum rate permitted under Ohio law, whichever is lower.
2.4 Failure to Pay
The Company reserves the right to suspend work, file a mechanic’s lien in accordance with Ohio Revised Code Chapter 1311, and pursue all lawful remedies for nonpayment.

3. Client Responsibilities
Clients agree to:

• Provide accurate property boundaries and site access

• Disclose underground utilities, septic systems, drainage issues, or hidden hazards

• Secure required HOA approvals (if applicable)

• Obtain necessary permits unless otherwise agreed in writing
   

The Company shall not be responsible for delays or damages resulting from undisclosed site conditions or inaccurate information.

4. Changes in Scope (Change Orders)
Any modification to the original scope of work must be documented in writing and may require additional charges and timeline adjustments.

5. Plant & Material Warranty
5.1 Plant Warranty
Unless otherwise stated in writing, plants installed by the Company may carry a limited 30-day warranty from installation date, provided:

• Proper watering and care instructions are followed;

• No extreme weather events occur;

• No neglect, animal damage, or third-party interference occurs.

Plant survival is not guaranteed due to factors beyond our control.
5.2 Hardscape & Materials
Hardscape installations carry a one (1) year workmanship warranty unless otherwise stated. Manufacturer warranties apply to materials where available.

6. Limitation of Liability
To the fullest extent permitted under Ohio law:

• The Company shall not be liable for indirect, incidental, special, or consequential damages.

• Total liability shall not exceed the total amount paid by the client for the specific project giving rise to the claim.

• We are not responsible for acts of third-party contractors unless expressly contracted under our direct supervision.
   

7. Force Majeure
The Company shall not be liable for delays or failure to perform resulting from events beyond its reasonable control, including but not limited to:

• Severe weather conditions

• Natural disasters

• Labor shortages

• Supply chain disruptions

• Government orders or restrictions

• Acts of God

• Pandemic-related interruptions

Project timelines may be extended accordingly without penalty.

8. Dispute Resolution & Mediation
In the event of a dispute:

1. The parties agree to first attempt good-faith resolution through informal negotiation.

2. If unresolved, the parties agree to submit the matter to mediation in the State of Ohio before initiating litigation.

3. If mediation fails, disputes shall be resolved exclusively in the state courts located in Ohio.

Each party shall bear its own legal fees unless otherwise awarded by a court of competent jurisdiction.

9. Website Use & Intellectual Property
All content on this website, including but not limited to:

• Logos

• Designs

• Photographs

• Graphics

• Written content
  is the exclusive property of Trophy Yard Design & Home, LLC and protected under U.S. copyright and intellectual property laws. Unauthorized reproduction, distribution, or commercial use is strictly prohibited.

10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio and applicable federal laws of the United States.

11. Modifications to Terms
We reserve the right to update these Terms at any time. Updates will be posted with a revised Effective Date.

12. Contact Information
Trophy Yard Design & Home, LLC
38771 Edward Walsh Dr.
Willoughby, Ohio, 44094
United States
Email: TrophyYardDesign@yahoo.com
Phone: 440-840-3702