Terms of Service for Maple Leaf Garden Design & Care

Effective Date: July 6, 2026

1. Introduction and Acceptance of Terms

These Terms of Service (the “Terms”) govern the provision of services by Maple Leaf Garden Design & Care (“Maple Leaf Garden Design & Care,” “we,” “us,” or “our”) to clients (“you” or “Client”) in connection with garden design, landscape planning, and related outdoor maintenance services in Canada.

By requesting, booking, accepting, or paying for any services from Maple Leaf Garden Design & Care, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

These Terms apply together with any written estimate, proposal, work order, invoice, service agreement, or other document issued by Maple Leaf Garden Design & Care. In the event of a conflict, a signed written agreement or service-specific terms shall prevail to the extent of the conflict.

2. Scope of Services

Maple Leaf Garden Design & Care provides garden and landscape-related services, which may include, without limitation:

• Garden design and landscape planning;
• Seasonal planting and flower bed installation;
• Lawn care and edging;
• Mulching and soil improvement;
• Pruning and shrub maintenance;
• Weed control and bed cleanup.

The exact scope, timing, materials, and deliverables for each project will be described in the applicable estimate, proposal, work order, or invoice. Any services not expressly included are excluded unless agreed to in writing by Maple Leaf Garden Design & Care.

We may recommend plants, materials, methods, or maintenance schedules based on site conditions, climate, and seasonal availability. However, we do not guarantee the long-term survival, growth, or performance of any plant, turf, or landscape feature, as outcomes may depend on weather, soil conditions, irrigation, pests, disease, and client maintenance.

3. User Obligations and Responsibilities

You agree to:

• Provide accurate, complete, and current information about the property, access, utilities, irrigation systems, and any known hazards;
• Ensure that we have safe and reasonable access to the worksite during scheduled service times;
• Obtain any required permissions, approvals, permits, strata approvals, landlord consent, or municipal authorizations unless otherwise agreed in writing;
• Disclose the presence of underground utilities, sprinkler systems, drainage systems, pets, wildlife concerns, toxic plants, or other site-specific risks;
• Remove or secure personal property, valuables, fragile items, and obstructions from the work area before service begins;
• Maintain irrigation, watering, and general care of plants and lawn areas after service, unless ongoing maintenance is expressly included in the service agreement;
• Review completed work promptly and notify us of any concerns within a reasonable time;
• Comply with all applicable laws, bylaws, and property rules relating to the services.

You are responsible for the condition of the property and for any pre-existing issues, including but not limited to soil contamination, drainage problems, pest infestations, disease, structural defects, hidden obstacles, or underground installations not disclosed to us.

If our personnel determine that conditions are unsafe, inaccessible, or materially different from what was represented, we may suspend, modify, or refuse performance until the issue is resolved. Additional charges may apply if extra time, labor, or materials are required due to inaccurate information or unforeseen site conditions.

4. Payment Terms and Conditions

Fees are based on the estimate, proposal, or invoice provided by Maple Leaf Garden Design & Care. Unless otherwise stated, all prices are in Canadian dollars (CAD) and may be subject to applicable taxes, including GST/PST/HST where required by law.

• Invoices are due upon receipt unless a different payment schedule is stated in writing.
• We may require a deposit before scheduling or commencing work.
• For larger projects, progress payments may be required based on milestones, labor performed, or materials ordered.
• Late payments may result in service suspension, cancellation, collection action, and/or interest charges to the extent permitted by law.
• You are responsible for any bank fees, chargeback fees, collection costs, or other costs incurred due to non-payment or reversed payments, except where prohibited by law.

Estimates are based on the information available at the time of preparation. If site conditions, client requests, or material prices change, Maple Leaf Garden Design & Care may revise the estimate or invoice accordingly, subject to applicable law and any written agreement.

Materials purchased specifically for your project may be non-refundable once ordered, delivered, or installed. Special-order items, plants, soil amendments, mulch, and similar materials may be charged in full once procured.

5. Cancellation and Refund Policy

You may cancel scheduled services by providing reasonable notice. Cancellation terms may vary depending on the type of service, project stage, and whether materials or labor have already been committed.

• If you cancel before work begins, any refund will be reduced by non-recoverable costs, administrative fees, and restocking or supplier charges, where applicable.
• If cancellation occurs after work has started, you must pay for all services performed, materials used or ordered, and any non-cancellable commitments incurred by Maple Leaf Garden Design & Care.
• Missed appointments, refusal of access, or failure to provide a safe worksite may be treated as a late cancellation or no-show.
• Refunds are not provided for completed services that were performed in accordance with the agreed scope, except where required by law or expressly agreed in writing.

Any refund request must be submitted in writing with sufficient detail. If a refund is approved, it will be issued using the original payment method where practicable, within a reasonable time.

Nothing in these Terms limits any statutory rights you may have under applicable consumer protection laws in Canada, including rights that cannot be waived by contract.

6. Liability Limitations

To the fullest extent permitted by applicable law, Maple Leaf Garden Design & Care shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of use, loss of enjoyment, loss of profits, or loss of plant material, arising from or related to the services.

Our total liability for any claim arising out of or relating to the services shall not exceed the amount paid by you to Maple Leaf Garden Design & Care for the specific service giving rise to the claim, except where such limitation is prohibited by law.

We are not responsible for:

• Pre-existing property conditions, hidden defects, or underground utilities not disclosed to us;
• Damage caused by weather events, drought, frost, flooding, pests, disease, wildlife, or acts of nature;
• Plant failure due to improper watering, maintenance, soil conditions, or client interference after installation;
• Damage caused by third parties, including contractors, tenants, visitors, or utility providers;
• Delays caused by supply shortages, weather, traffic, access issues, or circumstances beyond our control.

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including liability for gross negligence, willful misconduct, or death or personal injury caused by negligence where such limitation is not permitted.

7. Intellectual Property Rights

Unless otherwise agreed in writing, all original concepts, design layouts, plans, sketches, drawings, proposals, photographs, text, and other creative materials prepared by Maple Leaf Garden Design & Care remain our intellectual property until full payment is received.

Upon full payment, you receive a non-exclusive, non-transferable license to use the final deliverables solely for the property and project for which they were created. You may not reproduce, resell, distribute, or use our materials for another property or project without our prior written consent.

We may retain copies of design materials, site notes, photographs, and project records for business, quality assurance, legal, and portfolio purposes, subject to applicable privacy laws and any confidentiality obligations. We may use non-identifying photographs of completed work for marketing or portfolio purposes unless you object in writing before the work is performed or as otherwise required by law.

8. Data Protection and Privacy

Maple Leaf Garden Design & Care collects, uses, and discloses personal information only as necessary to provide services, manage client accounts, process payments, communicate with you, comply with legal obligations, and improve our operations.

We will handle personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA), and any applicable provincial privacy legislation.

Personal information may include your name, address, contact details, billing information, property access instructions, and service preferences.

• We use reasonable safeguards to protect personal information against unauthorized access, disclosure, alteration, or destruction;
• We may share information with service providers, payment processors, subcontractors, or legal authorities where necessary and permitted by law;
• We retain personal information only as long as necessary for the purposes described above or as required by law;
• You may contact us to request access to or correction of your personal information, subject to legal exceptions.

By using our services, you consent to the collection, use, and disclosure of your personal information as described in these Terms and in any applicable privacy notice we may provide.

9. Force Majeure

Maple Leaf Garden Design & Care shall not be liable for any delay or failure to perform caused by events beyond our reasonable control, including but not limited to severe weather, wildfire, flood, drought, labour disputes, supply shortages, transportation disruptions, power outages, government restrictions, public health emergencies, acts of God, or other unforeseen events.

If a force majeure event occurs, we may suspend performance, reschedule services, or modify the scope of work as reasonably necessary. We will make commercially reasonable efforts to resume services once the event has ended or conditions permit.

10. Changes to Terms

Maple Leaf Garden Design & Care may update or modify these Terms from time to time to reflect changes in our services, business practices, or legal requirements. The revised Terms will be effective when posted, provided, or otherwise communicated to you, unless a later effective date is stated.

Your continued use of our services after any change constitutes acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using our services and, if applicable, notify us in writing before the next scheduled service.

11. Applicable Law and Jurisdiction

These Terms and any dispute, claim, or controversy arising out of or relating to them shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Subject to any mandatory consumer protection or other non-waivable legal rights, the parties agree that the courts located in British Columbia, Canada shall have exclusive jurisdiction over any dispute arising from or relating to these Terms or the services provided by Maple Leaf Garden Design & Care.

12. Contact Information

If you have questions, concerns, or notices regarding these Terms or our services, please contact:

13. Severability Clause

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or other competent authority, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

If any invalid or unenforceable provision can be modified to make it valid and enforceable, it shall be deemed modified to the minimum extent necessary to achieve that result while preserving the original intent as closely as possible.

These Terms constitute the entire agreement between you and Maple Leaf Garden Design & Care regarding the subject matter hereof, unless replaced or supplemented by a written agreement signed by both parties.