Freshscape Master Service Agreement

Freshscape Master Service Agreement

Effective Date: February 24, 2026

This Master Service Agreement governs all services provided by Freshscape including excavation, grading, demolition, site preparation, trenching, footers, foundation and building pad preparation, concrete installation, hardscape installation, retaining walls, drainage systems, French drains, stormwater management, landscaping, plant installation, gutter and downspout drainage, septic preparation, snow and ice control, and related services.

  1. Acceptance of Agreement

Client agrees to this Agreement by signing an estimate, electronically approving a proposal, paying a deposit or invoice, authorizing scheduling or permitting, or allowing mobilization or commencement of work. Any such action constitutes binding acceptance.

  1. Scope of Work

Contractor shall perform only the work specifically described in the approved written estimate or agreement. Any additional work, concealed conditions, or client requested modifications require written change order approval and may result in additional cost and time.

  1. Payment Terms

Deposits secure scheduling and materials and are non refundable once procurement, permitting, or mobilization begins. Progress payments may be required for multi day projects. Final payment is due upon substantial completion. Unpaid balances accrue interest at the maximum rate permitted by law. Client is responsible for collection costs, attorney fees, and enforcement expenses.

  1. Mechanics Lien Rights

Contractor reserves all lien rights permitted under applicable state law for unpaid labor and materials.

  1. Permits and Approvals

Permits and inspections will be obtained when required unless otherwise stated in writing. Client is responsible for HOA approvals, boundary verification, surveys, and easement identification unless contracted otherwise.

  1. Utilities

Contractor will notify public utility locate services prior to excavation. Client must identify and clearly mark all private utilities including irrigation, septic, well lines, propane, private electric, and water lines. Contractor is not liable for damage to unmarked or inaccurately located private utilities.

  1. Site Access and Heavy Equipment

Client grants access for operation of heavy machinery and delivery vehicles. Contractor is not liable for rutting, soil compaction, cracking, settlement, or structural damage to driveways, sidewalks, patios, septic systems, ponds, underground tanks, utilities, or subsurface structures resulting from necessary equipment operation.

  1. Subsurface Conditions

Rock, buried debris, undocumented structures, unsuitable soils, groundwater, or hidden obstructions are unforeseen conditions and may require additional work and charges.

  1. Demolition

Demolition and removal may expose hidden utilities, structural weaknesses, hazardous materials, or unstable soils. Contractor does not test for or remediate hazardous materials unless expressly agreed in writing. Discovery of such materials may require suspension of work and additional cost. Contractor is not responsible for vibration related cracking or settlement when work is performed in a commercially reasonable manner.

  1. Excavation, Footers, and Building Pads

Excavation and pad preparation are based on visible and known conditions at time of work. Contractor does not guarantee soil bearing capacity unless geotechnical engineering services are specifically included in writing.

  1. Concrete and Masonry

Concrete, brick, and stone products may experience cracking, shrinkage, efflorescence, scaling, and color variation. These are natural characteristics and not defects. Hairline cracking and curing variation are not warranty issues.

  1. Hardscape Installation

Pavers and block systems may experience minor movement, joint sand loss, settlement, and edge shifting over time. Freeze thaw cycles and deicing chemicals may cause surface wear or discoloration. Damage caused by loads exceeding intended design use is excluded from warranty.

  1. Grading and Drainage

Grading and drainage improvements are intended to improve water flow based on visible site conditions. Contractor does not guarantee elimination of all water accumulation or intrusion, particularly during extreme weather events or conditions outside the defined scope.

  1. Landscaping and Plant Material

Seed, sod, trees, shrubs, and plantings require proper watering and maintenance by Client. Contractor does not guarantee plant survival, seed germination, sod establishment, or erosion prevention. Failure to properly maintain voids any installation warranty.

  1. Snow and Ice Management

Snow removal and ice control involve limited visibility of surface conditions. Contractor is not responsible for minor surface scratching, concealed object damage, or long term deterioration caused by ice melt products.

  1. Workmanship Warranty

Contractor warrants workmanship for 12 months from substantial completion against defects caused solely by improper installation. Warranty is limited to repair or replacement at Contractor’s discretion. Normal wear, settlement, environmental factors, misuse, neglect, third party damage, or acts of God are excluded. No other express or implied warranties apply.

  1. Insurance and Workers Compensation

Contractor maintains general liability and workers compensation insurance as required by law. Subcontractors, if utilized, must maintain their own coverage.

  1. Indemnification

Client agrees to defend, indemnify, and hold Contractor harmless from claims arising from unmarked utilities, pre existing site conditions, Client negligence, third party actions, or matters outside Contractor’s scope.

  1. Limitation of Liability

Contractor’s total liability is limited to the total contract amount paid for the project giving rise to the claim. Client waives consequential, incidental, indirect, special, or lost profit damages to the fullest extent permitted by law.

  1. Right to Cure

Client must provide written notice of any alleged defect and allow Contractor reasonable opportunity to inspect and remedy prior to engaging third parties. Failure to provide opportunity to cure voids warranty claims.

  1. Environmental and Regulatory Conditions

Contractor is not responsible for environmental testing, hazardous material identification, wetland determinations, floodplain compliance, or regulatory penalties unless specifically contracted in writing.

  1. Vibration and Adjacent Property

Excavation, compaction, demolition, and equipment operation may cause vibration. Contractor is not liable for cracking, settlement, or shifting of adjacent structures when work is performed in a commercially reasonable manner.

  1. Survey and Boundary Responsibility

Unless expressly included, Contractor relies on Client provided property boundaries and survey information. Contractor is not responsible for encroachments or boundary disputes resulting from inaccurate data.

  1. Septic and Underground Systems

Contractor does not guarantee system approval or performance unless full design and engineering services are included in writing. Final compliance is subject to inspection authority approval.

  1. Force Majeure

Contractor is not liable for delays caused by weather, labor shortages, material shortages, government action, utility conflicts, or other events beyond reasonable control.

  1. Suspension of Work

Contractor may suspend work for non payment, unsafe conditions, regulatory issues, or interference by Client or third parties. Schedule and pricing may be adjusted accordingly.

  1. Governing Law and Venue

This Agreement shall be governed by the laws of the state of Indiana. Venue shall be in the county of Contractor’s principal place of business unless otherwise required by law.

  1. Entire Agreement

This Agreement constitutes the entire understanding between the parties and supersedes prior discussions unless modified in writing signed by both parties.

  1. Severability

If any provision is deemed unenforceable, the remaining provisions shall remain in full force and effect.