NOTICE: THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS REGARDING THE REMEDIES AVAILABLE TO CUSTOMER IN THE EVENT OF A DISPUTE BETWEEN CUSTOMER AND ZIEHLER LAWN CARE. PLEASE REFER TO THE SECTION ENTITLED “CLASS ACTION WAIVER.”

Ziehler Landscaping LLC (dba Ziehler Lawn Care) (“Ziehler”) is committed to providing quality lawn care and pest control services. These terms and conditions (“Terms”) describe the general scope of services provided by Ziehler and outline Ziehler’s general business practices. These Terms shall further apply to all services contracted through Ziehler’s website (discoverziehler.com) (“Website”) or by telephone, email, and/or any other method.  These Terms may be updated by being posted on the Website or supplemented in the future by written quotations, proposals, or other agreements signed by a representative from Ziehler, which together with these Terms will constitute the “Agreement” between Ziehler and you, our customer (“Customer”).

This Agreement comprises the entire agreement between Ziehler and Customer and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications (both written and oral).

TERM. This Agreement is effective beginning on the date of initial service, and lasting until regularly scheduled service is properly canceled per the terms of this Agreement. If this Agreement is for a single, one time service, then no particular term is applicable, and this Agreement shall govern that single service.

CUSTOMER ACKNOWLEDGEMENTS AND RESPONSIBILITIES. By engaging Ziehler to perform services, Customer confirms and acknowledges that:

• Customer is 18 years of age or older;
• Customer has authority to enter into this Agreement and to authorize Ziehler’s provision of services at Customer’s property;
• Customer has read and fully understands the terms of this Agreement and agrees to be bound by the same; and
• Customer’s acceptance of this Agreement is a material consideration to Ziehler’s agreement to provide services to Customer.

Additionally, the efficacy of certain services provided by Ziehler may depend on Customer’s compliance with specific service instructions. For example, certain lawn care treatments require that the product be watered into the lawn following the treatment to properly take effect. Ziehler will provide Customer with applicable written instructions. Customer acknowledges and agrees that Customer will use best efforts to comply with these instructions.

ACCESS TO PROPERTY. Customer authorizes Ziehler to access Customer’s property for scheduled service appointments and otherwise upon on days and times of Ziehler’s choosing as reasonably required to provide the services. Ziehler will use reasonable efforts to contact Customer in the event of an adjustment to scheduled service appointments. Ziehler may further move personal property on the Customer’s property as may be reasonably required for Ziehler to perform its services.

THE ZIEHLER GUARANTEE. For Customers purchasing 5 or more fertilization and weed control applications in a calendar year, Ziehler will visit Customer’s property between scheduled visits if requested by Customer, or as often as Ziehler deems necessary to make appropriate fertilizing or weed control adjustments. Should the problem persist after 30 days from the last scheduled fertilization and/or weed control application, Ziehler will either (i) continue to provide service for the remainder of the season or until the deficiencies are resolved, or (ii) refund Customer’s last service payment, subject to the terms of this Agreement.

SERVICE AND WARRANTY LIMITATIONS. Should material changes or additions be made to the job-site which would add to or delete from the area serviced, the periodic service charge will be reviewed and adjusted accordingly by Ziehler. Further, the effectiveness of services may be limited by site and environmental conditions which are beyond the control of Ziehler.  If, in Ziehler’s opinion, a service requested is unsafe for Ziehler’s representative and/or Customer, or is impractical or unnecessary, Ziehler reserves the right to refuse service without incurring any liability. Customer agrees to hold Ziehler harmless from any and all liability for damage not caused by Ziehler’s negligence and for any unsafe conditions at the Customer’s property.

The warranties stated in this Agreement are given in lieu of any other warranty, expressed or implied, including any warranty of merchantability or fitness for a particular purpose.  Ziehler is not required to provide a refund or continued service if Customer does not provide Ziehler notice and opportunity to inspect any alleged deficiencies or does not follow any required instructions as indicated by Ziehler, as reasonably determined by Ziehler.

CONTINUOUS SERVICE. For any plan other than a single service treatment, to optimize the effectiveness of those services, Customer’s plan shall automatically renew annually at substantially similar intervals as most recently provided, without any action on Customer’s part.  This includes any services purchased initially or added at a later time. Ziehler reserves the right, in its sole discretion, to implement annual price increases due to inflation, cost of goods and services, or other economic factors.

CUSTOMER MUST CALL ZIEHLER AT 937-312-9575 TO CANCEL.

CANCELLATION. Customer or Ziehler may cancel service at any time. Cancellation does not relieve Customer of responsibility to pay for all service performed prior to cancellation. All pre-paid amounts shall be NON-REFUNDABLE regardless of when a Customer cancels a service or plan.

COST OF SERVICES/BILLING. Customer agrees to pay for all services provided and invoices issued by Ziehler, including invoices for automatically renewing services. Except as otherwise set forth in this Agreement, billing for all services (and applicable fuel, handling, processing, or other economic surcharges) will occur after a service visit, with payment due upon receipt of invoice.  Current year discounts may not apply in subsequent years. Any credits or discounts offered by Ziehler shall only be applied to future Ziehler services and are not redeemable by Customer for cash.

Customers shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by Customer. Any such taxes shall be in addition to the amount of any proposal/quote/statement of work. If Customer is required by law to make such payment of the proposal/quote/statement of work subject to the deduction of withholding tax, the sum paid by Customer shall be increased to the extent necessary to ensure that after such deduction or withholding Ziehler receives an amount equal to the proposal/quote/statement of work and costs it would have received had no such deduction or withholding been required.

Customer agrees to promptly notify Ziehler in the event of any billing errors so that Ziehler can correct any such errors. If Ziehler determines an error was made, Customer will be credited on their next invoice. ZIEHLER SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT CUSTOMER MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH CUSTOMER’S ACCOUNT IS DEBITED OR CUSTOMER’S CREDIT CARD IS CHARGED.

AUTO-PAY AGREEMENT; CHECK PROCESSING. Ziehler implemented an Auto-Pay program and requires that all Customers enroll in Ziehler’s Auto-Pay program. Customers may prepay for annual lawn care service plans, however enrollment in the Auto-Pay program is required and services purchased without prepay will default to Auto-Pay. Customer’s enrollment in the Ziehler Auto-Pay option constitutes Customer’s agreement to the following additional terms and provisions:

• Customer may enroll utilizing either a credit card (Visa, Mastercard, Discover, American Express card) or checking account (“Electronic Payment Method”).
• If Customer enrolls in Auto-Pay by check, Customer authorizes Ziehler to use information from Customer’s check to make a one-time Electronic Method Payment or to process the payment as a check transaction.
• If Ziehler uses information from Customer’s check to make an electronic fund transfer, funds may be withdrawn from Customer’s account as soon as the same day Ziehler receives payment, and Customer will not receive a copy of the check back from Customer’s financial institution.
• Customer authorizes Ziehler to initiate electronic payment transactions from the Electronic Payment Method that Customer has provided to Ziehler for the total amount due on Customer’s account.
• All payments will be automatically withdrawn from Customer’s specified Electronic Payment Method on the date Ziehler issues an invoice for services without further notice to Customer.
• Customer is responsible to verify whether any additional charges may be applied by Customer’s credit card issuer or financial institution and agrees to be bound by any rules that Customer’s issuer or institution requires for pre-authorized Electronic Payment Method transactions. Customer is responsible for all fees charged by Customer’s issuer or institution for Auto-Pay Enrollment.
• Ziehler reserves the right to revise the terms of Auto-Pay Enrollment from time to time and will provide notice of any such changes by posting revisions on the Website, which shall be deemed effective at the time of posting.
• If Customer does not agree with any such revisions, Customer must terminate the Auto-Pay Enrollment immediately, which may terminate service. To cancel Auto-Pay Enrollment, Customer must call Ziehler at 937-312-9575.
• Customer’s continued use of the Auto-Pay Enrollment constitutes Customer’s agreement with these Terms.
• Ziehler reserves the right to terminate Customer’s Auto-Pay enrollment at any time.

LATE FEES. A service charge of 0.66% per month shall be added to the unpaid balance of all accounts not paid within 30 days of issuance of invoice. If any check, draft, credit card, or EFT transfer payable to Ziehler is not honored, Ziehler will assess a $25.00 fee for each such item (in addition to all other rights and remedies for the unpaid balance).

NON-PAYMENT/DEFAULT. Ziehler’s obligations to perform services hereunder is conditioned upon payment in full of all service charges and failure to pay such charges shall terminate this Agreement in its entirety and discharge Ziehler of any liability. All amounts pre-paid shall be NON-REFUNDABLE.

If Customer’s payment is rejected, refused, returned, disputed, or reversed by Customer’s financial institution or card issuer for any reason, Ziehler shall have the right to immediately terminate its contractual relationship with Customer.

If payment is not made, Customer agrees to be responsible for and reimburse Ziehler for all costs of collection, including any court fees and attorney’s fees incurred for the collection of Customer’s account. Ziehler reserves the right to file a lien on Customer’s property in accordance with applicable laws in the event Customer fails to promptly pay any outstanding invoices when due.

Customer acknowledges that any waiver by Ziehler of a breach or remedy afforded to Ziehler by these terms shall not be construed as a waiver of Ziehler’s right to enforce these terms against a future breach.

CONTACT INFORMATION. Customer agrees that Ziehler may contact Customer via telephone, text, or email and further agrees to promptly notify Ziehler of any changes or updates to Customer’s Electronic Payment Method or Customer’s contact information.

By providing Customer’s contact information to Ziehler, Customer expressly consents for Ziehler, along with its agents and affiliates, to contact Customer using such provided contact information, including through the possible use of an automatic telephone dialing system or other automated technology, text and pre-recorded message, with marketing messages, offers and other information regarding Ziehler’s products and services. Customer expressly consents to be contacted through such means at the telephone numbers (including wireless numbers) that Customer provides to Ziehler. Customer represents and warrants that any mobile or wireless telephone number provided belongs to Customer and is associated with Customer’s account for a mobile device in Customer’s possession.

Should Customer have any questions about which addresses, telephone numbers or email addresses Customer has provided to Ziehler, or should Customer wish to stop receiving communications from Ziehler, call Ziehler at 937-312-9575.

BINDING EFFECT. This Agreement constitutes a valid binding agreement between Customer and Ziehler. Ziehler may assign any of its rights and obligations to another company. No other person shall acquire or have any rights under or by virtue of this Agreement.

MODIFICATIONS. Ziehler reserves the right to revise this Agreement from time to time by posting such updated Terms on the Website, but without necessity of any further notice to Customer. In the event of a conflict between or among previously published Terms, and the latest Terms published on the Website, Terms on the Website shall be controlling. Customer acknowledges and agrees that Customer’s continued use of Ziehler services constitutes Customer’s acknowledgement and agreement to be bound by this Agreement, as amended from time to time.  Customer is advised to visit the Website periodically to review updated Terms.

WAIVER / SEVERABILITY. If any provision or remedy provided in this Agreement are found invalid, unenforceable, or unlawful under any applicable law in whole or in part, it shall be either deemed to be amended in so far as it is possible to do so in order to make it enforceable while retaining its purpose, or severed from this Agreement if it is not possible to do so, and the remaining provisions contained in this Agreement including any remaining default remedies, shall be given effect in accordance with the intent hereof.

SURVIVAL. The terms and provisions contained herein that by their nature and content are intended to survive the performance of Ziehler’s obligations shall so survive the completion of the performance, expiration and termination of this Agreement.

NOTICE OF CLAIM AND OPPORTUNITY TO CURE. Customer acknowledges that Ziehler is a lawn maintenance company that provides lawn maintenance services and that Ziehler is not a home improvement contractor and / or a real property improvement supplier. Ziehler applies all lawn care products per the manufacturer label.

Before any claim can be asserted by Customer against Ziehler arising from any alleged breach of this Agreement, or asserting damage or injury to person or property arising from any act or omission on the part of Ziehler or its agents, employees, or representatives, Customer must provide timely written notice to Ziehler at 1045 E. Centerville Station Road, Centerville, OH 45459 identifying and documenting the damage or injury alleged and the acts or omissions that are the basis of Customer’s claim (“Notice of Claim”). The Notice of Claim must be presented by Customer to Ziehler within 60 days of the date of the alleged act or omission that caused damage, regardless of the date upon which the damage was first observed. Ziehler will have 60 days following its receipt of Customer’s Notice of Claim to investigate Customer’s claim and to correct any deficiency or repair any damage that Ziehler determines in its sole opinion and discretion to have been its responsibility. Customer agrees to provide Ziehler reasonable access and a reasonable opportunity to observe, test, document, and investigate Customer’s damage claims, and to effect remedial measures. The failure of Customer to submit a timely written Notice of Claim constitutes an irrevocable acceptance by Customer of the sufficiency of Ziehler’s performance of its contractual obligations and services. Customer waives and releases all claims for damage or injury allegedly arising from any act or omission on the part of Ziehler or its agents, employees, or representatives that are not asserted in a timely served Notice of Claim.

MANDATORY ARBITRATION. Customer and Ziehler agree that all claims by Customer against Ziehler which in any way relate to this Agreement, or to the services provided to Customer by Ziehler, will be resolved by mandatory binding arbitration. This arbitration requirement applies to all claims, regardless of the legal theory under which such claim is brought, including claims sounding in contract, tort, strict liability, fraud, or based on statute. The arbitration shall be conducted in Montgomery County Ohio under the Commercial Arbitration Rules of the American Arbitration Association.

TIME LIMIT FOR FILING CUSTOMER CLAIMS. Notwithstanding the provisions of any other statutes of limitations, Customer agrees that all claims by Customer against Ziehler are barred if such claims are not initiated within one year of the last date of service provided by Ziehler to Customer, or the date of the act or omission upon which such claim is based, whichever comes first. A claim is “initiated” when Ziehler receives a written demand for arbitration of such claim. If the arbitration provisions of this contract are determined inapplicable or unenforceable to such claim, the claim is not “initiated” until Ziehler receives service of a summons and complaint by a court of competent jurisdiction.

LIMITATION OF LIABILITY. This section sets out the entire financial liability of the Ziehler and their employees, agents, officers, and owners in respect of any breach of this Agreement or any applicable proposal, statement of work and any representation, warranty, statement, or tortious act or omission (including negligence or breach of statutory duty) arising under or in connection with this Agreement or any applicable proposal or statement of work.

IN NO EVENT SHALL ZIEHLER BE LIABLE TO CUSTOMER, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT OR OTHERWISE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSS, COSTS, DAMAGES, CHARGES, FINES, PENALTIES, OR EXPENSES. REGARDLESS OF WHETHER SUCH LOSSES OR DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

ZIEHLER’S TOTAL LIABILITY TO CUSTOMER IN CONTRACT, TORT (INCLUDING CLAIMS FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), RESTITUTION OR OTHERWISE ARISING IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE UNDER THIS AGREEMENT OR THE PROPOSAL SHALL IN ALL CIRCUMSTANCES BE LIMITED TO THE COST OF THE SERVICES PAYABLE EACH CALENDAR YEAR UNDER ANY APPLICABLE PROPOSAL.

FORCE MAJEURE. Ziehler will incur no liability should it be prevented from fulfilling its responsibilities per this Agreement by reasons of an act of God, fire, flood, storms, explosions, acts of war, whether declared or undeclared, seizure, riots, civil commotion, strikes, or other labor disputes, shortages of fuel and/or materials, quarantine restrictions, or any other circumstances or causes beyond the control of Ziehler.

GOVERNING LAW / VENUE. This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed under the laws of the State of Ohio, without giving effect to any choice or conflict of law provision or rule.

Each party irrevocably agrees that any legal suit, action or proceeding arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) shall be instituted in a court of competent jurisdiction (state or federal) located in Montgomery County, Ohio, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

ATTORNEYS FEES. If litigation or arbitration is initiated against Ziehler by Customer in violation of this Agreement, or if Ziehler initiates litigation or arbitration against Customer to enforce Ziehler’s rights under the terms of this Agreement, Customer agrees to pay Ziehler’s litigation / arbitration costs, including attorney fees, incurred in successfully enforcing this Agreement.

CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER EXPRESSLY WAIVES ANY AND ALL RIGHTS TO MAKE A CLAIM FOR DAMAGES AS A CLASS MEMBER IN ANY CLASS ACTION OR AS PART OF A PLAINTIFF GROUP.  CUSTOMER AND ZIEHLER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION.  CUSTOMER WILL NOT CONSENT TO THE CONSOLIDATION OF CUSTOMER’S CLAIMS WITH THE CLAIMS OF ANY OTHER CUSTOMER OR GROUP OF CUSTOMERS WITHOUT THE EXPRESS WRITTEN CONSENT OF ZIEHLER.

PRIVACY. Please review our Privacy Policy (link), which also governs Customer’s use of Ziehler’s services and the website.

May 2023