GARDEN CARE TERMS

Effective Date: April 7, 2020
Last Revised: March 21, 2025

These Maintenance & Garden Care Terms of Service (“Terms”) govern maintenance and garden-care services provided by My Dragonfly Native Gardens Inc., DBA My Dragonfly Gardens (“MDG,” “we,” “us,” or “the Company”) to the property owner, leaseholder, or other authorized client requesting the services (“Client” or “you”).

  1. Acceptance of These Terms

By approving an estimate, scheduling a service, providing written authorization to proceed, or allowing MDG to perform services at the property, the Client acknowledges and accepts these Terms.

The individual requesting service represents that they are:

The property owner;

  • A leaseholder authorized to request the proposed level of service; or
  • A person expressly authorized in writing by the property owner or leaseholder.

When a Client designates another person to make decisions during a service, MDG may reasonably rely upon that person’s authorization within the approved scope. Authorization of completed work does not waive any applicable warranty or claim involving concealed conditions that could not reasonably have been identified at the time.

  1. Scope of Maintenance Services

MDG provides specialized care for Florida native landscapes, edible gardens, and gardens incorporating permaculture principles.

Depending on the service level, garden conditions, available time, and team assigned, maintenance may include:

  • Manual removal or management of undesirable and overly aggressive growth;
  • Deadheading, selective pruning, seasonal cutbacks, and growth management;
  • Routine care of native, edible, and regionally appropriate plants;
  • Monitoring for visible plant-health, soil, irrigation, pest, disease, and environmental concerns;
  • Maintaining accessible pathways, garden-bed definition, and intentional visual structure;
  • Minor staking, repositioning, or corrective garden-care tasks;
  • Documentation of completed work, current conditions, and recommendations.

Maintenance is performed according to current site conditions and professional judgment. Natural gardens continually change due to weather, wildlife, seasonal cycles, plant succession, irrigation, soil conditions, and prior care. Therefore, the priorities and amount of work completed may vary between visits.

Unless specifically approved in advance, maintenance does not include:

  • New landscape installation or substantial digging;
  • Hardscape installation or repair;
  • Arborist or hazardous tree work;
  • Irrigation repair;
  • Structural construction;
  • Application of restricted-use products;
  • Work outside the Client’s property; or
  • Services requiring licenses or qualifications not held by MDG.

Any work outside the approved maintenance scope may require a separate estimate, service agreement, utility clearance, scheduling window, or qualified third-party provider.

  1. Service Recommendations and Outcomes

MDG provides services using generally accepted horticultural practices, site observations, practical experience, and the professional judgment appropriate to Central Florida growing conditions.

References to ecological, sustainable, organic, native, edible, or permaculture-based care describe MDG’s approach. They do not constitute environmental certification, regulatory approval, laboratory analysis, or a guarantee of a particular ecological outcome.

Recommendations are based on the information and visible conditions available at the time. Unless separately authorized, routine maintenance does not include laboratory testing, destructive investigation, engineering analysis, irrigation diagnostics, or specialized environmental studies.

Plants and gardens are living systems. MDG cannot guarantee:

  • The survival, flowering, fruiting, appearance, or performance of any plant;
  • The complete elimination of weeds, pests, diseases, or undesirable growth;
  • Results affected by weather, wildlife, irrigation, drainage, soil conditions, neighboring properties, pets, utility work, or third-party activity; or
  • The outcome of recommendations the Client elects not to implement.

MDG will identify visible concerns when reasonably possible and recommend an appropriate response.

  1. Service Scheduling

Maintenance services are available as:

  • Recurring Care: Proactive visits scheduled at an agreed or recommended interval; or
  • As-Needed Care: Individual visits scheduled according to current availability.

There is no required long-term maintenance contract unless a separate written agreement states otherwise.

Recurring appointments receive scheduling priority. As-needed services are scheduled at the earliest practical availability and may have longer lead times.

Schedules may be adjusted because of:

  • Weather or unsafe working conditions;
  • Employee illness or availability;
  • Route efficiency;
  • Material or supply availability;
  • Property-access issues;
  • Emergencies; or
  • Other circumstances outside MDG’s reasonable control.

Client Services will communicate material scheduling changes as soon as reasonably practical. A scheduling adjustment caused by these conditions does not constitute a breach of these Terms.

  1. Client Presence and Communication

Clients are not ordinarily required to be present during maintenance. MDG may, however, require an authorized decision-maker to be available when the requested work involves an unclear scope, a material change, an unforeseen condition, or another decision that could affect cost or outcome.

When the Client will be away for an extended period, the Client should notify Client Services of:

  • Departure and anticipated return dates;
  • Property-access instructions;
  • An emergency contact, when appropriate; and
  • Whether recurring services should continue during the absence.

MDG may require prepayment for services performed during an extended absence or when access and payment circumstances warrant it.

All scheduling requests, cancellations, billing questions, service-report questions, and changes to the care plan must be directed to:

Client Services
client.services@mydragonflygardens.com

Instructions given directly to field employees may not be considered approved unless they are within the scheduled scope or confirmed through Client Services.

  1. Property Access and Client Responsibilities

The Client is responsible for providing safe and timely access to all approved service areas.

Before the scheduled arrival, the Client must:

  • Unlock required gates or provide working access instructions;
  • Secure pets away from service areas;
  • Identify known hazards, fragile items, irrigation components, low-voltage wiring, private utilities, or other concealed property features;
  • Remove personal belongings that could interfere with the work;
  • Inform MDG of restricted areas or special access requirements; and
  • Ensure the property is reasonably free from animal waste and other biological hazards.

MDG employees are not permitted to enter the Client’s home unless a separate written authorization and operational need have been approved by management. Employees may not borrow Client-owned tools or equipment.

MDG is responsible for requesting public utility marking when the approved scope requires qualifying excavation. Utility-location services ordinarily do not identify private irrigation, drainage, low-voltage wiring, privately installed utilities, or other concealed property components.

The Client is responsible for disclosing the known or suspected location of such private components. MDG is not responsible for damage to concealed items that were not disclosed, could not reasonably be seen, and were not identified through available utility-location services, except to the extent caused by MDG’s failure to exercise reasonable care.

  1. Unsafe or Unsanitary Conditions

MDG may pause, modify, or refuse service when conditions present a reasonable safety, health, legal, or property risk.

Examples include:

  • Excessive animal waste;
  • Aggressive or unsecured animals;
  • Active stinging-insect hazards;
  • Suspected hazardous materials;
  • Unsafe structures or terrain;
  • Severe weather;
  • Work requested outside the Client’s property;
  • Unmarked or undisclosed property infrastructure; or
  • Conduct that threatens, harasses, or materially interferes with MDG personnel.

Animal waste must be removed from the service areas and reasonable paths of access before the appointment. If the crew cannot safely proceed because of a documented condition, the visit may be subject to the applicable minimum service charge, including committed labor and travel time.

MDG will document the condition and notify Client Services when reasonably possible. Services may resume after the condition has been corrected.

  1. Service Priorities and Billable Time

Maintenance is billed by man-hour, unless a written estimate or agreement establishes a flat fee.

A man-hour represents one team member working for one hour. For example, two gardeners working for two hours equals four man-hours.

The Client is billed for authorized service time, which may include:

  • On-site garden care;
  • Client-requested discussions that materially extend the visit;
  • Approved sourcing or pickup time;
  • Specialized research or diagnosis requested outside routine reporting; and
  • Other authorized project-related labor.

The field team assigned to the property is determined by the garden’s needs, prior service report, requested scope, employee qualifications, route requirements, and availability.

MDG prioritizes work based on plant health, seasonal timing, safety, Client requests, and the overall benefit to the garden. A time-limited service may not allow every desirable task to be completed. Remaining priorities may be documented for a future visit.

  1. Additional Charges

Unless expressly included in writing, the hourly maintenance rate does not include:

  • Fuel or route-based service fees;
  • Garden-waste bags supplied by MDG;
  • Removal or hauling of garden debris;
  • Disposal or dumpster charges;
  • Plants, soil products, amendments, mulch, hardware, or other materials;
  • Delivery or transportation of Client-approved items;
  • Time spent sourcing or retrieving Client-requested materials; or
  • Work requiring outside vendors or specialized equipment.

Applicable charges will be disclosed through the program overview, estimate, invoice, or other written communication whenever reasonably practical.

Fixed fees, materials, reimbursements, hauling, and third-party costs do not qualify for hourly labor discounts unless MDG expressly states otherwise in writing.

  1. Garden Debris

Clients may provide suitable contractor-grade plastic bags or garden-rated paper bags for routine debris collection.

When appropriate bags are not available, MDG may:

  • Supply bags at the current published rate;
  • Consolidate debris in an agreed location on the property; or
  • Recommend or arrange a separately billed hauling or disposal service.

Debris exceeding the practical capacity of routine bagging may require a separate removal service. MDG is not responsible for municipal collection schedules, collection limits, or debris rejected by a municipality or community association.

  1. Documentation and Garden Hub

MDG may photograph or record the property as reasonably necessary to:

  • Document preexisting and current conditions;
  • Record work performed;
  • Support quality control and employee supervision;
  • Prepare service reports;
  • Evaluate concerns and recommendations;
  • Maintain the Client’s Garden Hub; and
  • Document incidents, hazards, or disputed conditions.

Operational photographs and recordings are part of MDG’s business records and may be shared internally or with service providers supporting MDG’s reporting and recordkeeping systems.

Service reports are generally published to the Client’s Garden Hub within two business days after service. Occasional administrative or technical delays do not affect the validity of the completed service or the associated invoice.

MDG will not use identifiable images of the Client, the Client’s address, or other personal information for public advertising without appropriate authorization.

Use of property photographs or recordings for advertising, social media, portfolio display, editorial publication, or other promotional purposes requires the Client’s separate written permission. Declining promotional use will not affect the Client’s eligibility for service.

  1. Invoicing and Payment

Invoices are issued after service unless prepayment, a deposit, or another arrangement is required in writing.

Invoices are due upon receipt. MDG provides a grace period of two calendar days after the invoice is created.

If payment has not been received by 5:00 PM Eastern Time on the third calendar day after invoice creation, a $30 late fee will be added.

Clients are responsible for monitoring the email address and Client Portal associated with their account and retrieving invoices following service.

Accepted payment methods may include:

  • Zelle;
  • Credit card, subject to any disclosed convenience fee; and
  • Checks handed directly to authorized MDG personnel when permitted.

Cash and mailed checks are not accepted unless MDG approves an exception in writing. Payments made directly to an employee or deposited into an employee’s personal account are not recognized as payment to MDG.

Zelle Cashback

A Client who pays an eligible invoice through Zelle by 5:00 PM Eastern Time on the second calendar day after invoice creation will receive a cashback credit equal to 1.5% of the eligible payment.

The credit is applied according to MDG’s current program rules and has no cash-redemption value unless expressly stated otherwise.

  1. Third-Party Payments

A Client may authorize a family member, trust, property manager, or other third party to make payment. The Client remains responsible for ensuring that MDG receives full and timely payment.

Internal arrangements or disputes between the Client and a third-party payer do not extend the invoice due date or relieve the Client of applicable fees.

Any special delayed-payment arrangement must be approved by MDG in writing before the scheduled service.

  1. Nonpayment and Billing Disputes

Accounts must maintain a zero past-due balance before additional services will be scheduled unless MDG approves otherwise in writing.

MDG may suspend recurring or future services when:

  • An invoice remains unpaid;
  • A payment is declined, reversed, or disputed;
  • Required account information has not been provided; or
  • The account demonstrates repeated delinquency.

Billing disputes must be submitted in writing to:

Billing Department
billing@mydragonflygardens.com

Disputes should be submitted within 10 calendar days after the invoice date and should identify the charge being questioned and the basis for the dispute.

When MDG confirms that a billing error occurred, related penalties will be corrected or waived. The undisputed portion of an invoice remains due according to the original payment terms.

The Client is responsible for reasonable collection costs permitted by law, including filing fees and attorney fees, when collection action becomes necessary.

  1. Discounts, Promotions, and Rewards

Discounts, referral incentives, cashback, loyalty benefits, and other promotions are governed by the written terms provided with each offer.

Unless expressly stated otherwise:

  • Promotions may not be combined;
  • Eligibility depends on the applicable service frequency, payment timing, or program requirements;
  • Promotions apply only to eligible charges;
  • Fixed fees, materials, reimbursements, hauling, and third-party costs are excluded;
  • Promotions are non-transferable and have no cash value;
  • Expired benefits will not be retroactively applied; and
  • MDG may modify or discontinue a promotion prospectively.

Any change will not affect a benefit already earned under the terms in effect when the qualifying transaction occurred.

  1. Cancellations and Rescheduling

Maintenance appointments must be canceled or rescheduled through Client Services at least 72 hours before the scheduled service.

Cancellations received with less than 72 hours’ notice may incur a $100 cancellation fee.

The fee may be waived when MDG determines that the cancellation resulted from an emergency, unsafe weather, or another exceptional circumstance.

MDG may also charge the reasonable cost of nonrefundable materials, special-order items, equipment, or third-party services obtained specifically for the canceled work when those costs were authorized by the Client.

  1. Plants and Materials

Plants and materials requested during maintenance are subject to current availability, condition, supplier pricing, and transportation requirements.

Unless stated otherwise in writing:

  • Plant and material costs are separate from maintenance labor;
  • Substitutions require Client approval when they materially alter the approved request;
  • Natural variations in size, shape, color, and growth are not defects;
  • Manufacturer warranties apply to manufactured products when available; and
  • Client-provided plants and materials are not warranted by MDG.

Any MDG plant warranty must be stated in the applicable estimate, invoice, or separate written warranty. No plant warranty should be inferred solely from these Terms.

  1. Insurance

MDG maintains insurance appropriate to its operations, including workers’ compensation and applicable business liability coverage.

Certificates of Insurance are available upon reasonable request when appropriate to the service or property.

  1. Limitation of Responsibility

Each party remains responsible for its own acts and omissions to the extent provided by applicable law.

MDG is not responsible for loss or damage resulting from:

  • Inaccurate or incomplete information supplied by the Client;
  • Concealed property conditions that were not disclosed and could not reasonably be identified;
  • Work performed by the Client or another contractor;
  • Failure to follow written care or irrigation recommendations;
  • Acts of wildlife, pets, neighbors, utility providers, community associations, or government entities;
  • Theft, vandalism, severe weather, flooding, erosion, drought, freeze, wildfire, or other events outside MDG’s reasonable control; or
  • The inherent variability of plants and living systems.

Nothing in these Terms releases either party from responsibility that cannot lawfully be waived under Florida law.

  1. Refusal or Termination of Service

MDG may refuse, pause, or terminate service for a reasonable business, safety, legal, or operational reason, including:

  • Nonpayment;
  • Repeated late cancellations;
  • Unsafe or unsanitary property conditions;
  • Requests to perform unlawful or unauthorized work;
  • Conflicting instructions from individuals claiming authority over the property;
  • Harassment, threats, discrimination, or abusive conduct;
  • Material interference with MDG personnel; or
  • A breakdown in the working relationship that prevents services from being performed effectively.

The Client may discontinue future maintenance services at any time, subject to outstanding invoices, cancellation fees, authorized purchases, and other accrued obligations.

Termination does not eliminate payment obligations for services already performed or costs already incurred with the Client’s authorization.

  1. Force Majeure

Neither party will be considered in breach for a delay or failure caused by circumstances beyond that party’s reasonable control, including severe weather, natural disaster, fire, governmental action, civil emergency, labor disruption, supplier failure, public-health emergency, utility interruption, or similar event.

The affected party will make reasonable efforts to communicate the delay and resume performance when practical.

  1. Dispute Resolution

The parties agree to make a good-faith effort to resolve disputes through direct written communication.

If a dispute cannot be resolved informally, the parties will attempt mediation before initiating litigation or arbitration, unless immediate legal relief is reasonably necessary.

Any further dispute-resolution requirement, including binding arbitration and allocation of fees, will be governed by applicable Florida law and any separately signed agreement between the parties.

  1. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

  1. Relationship to Other Agreements

These Terms apply specifically to maintenance and garden-care services.

A separately approved estimate, proposal, design agreement, installation agreement, warranty, or service contract may contain additional or different terms. If a direct conflict exists, the more service-specific signed or approved document controls for that service.

These Terms and any incorporated service-specific documents constitute the agreement between MDG and the Client concerning the applicable maintenance services. They replace prior verbal representations concerning the same subject matter.

  1. Amendments

MDG may update these Terms periodically.

Administrative or clarifying revisions may become effective when published. Material changes affecting payment obligations, fees, dispute resolution, or substantial Client responsibilities will be communicated to the email address on file before applying to a future service.

Continued scheduling or acceptance of services after the effective date of a communicated revision constitutes acceptance of the revised Terms.

Changes will not retroactively alter a completed transaction unless both parties agree in writing.

  1. Severability and Non-Waiver

If any provision is determined to be invalid or unenforceable, it will be limited or removed only to the extent necessary, and the remaining provisions will continue in effect.

A party’s decision not to enforce a provision on one occasion does not waive the right to enforce that provision later.

  1. Assignment

Neither party may transfer its rights or obligations under these Terms without the other party’s written consent, except that MDG may use qualified employees, contractors, vendors, or service providers to support the authorized work and related business operations.

  1. Notices and Contact Information

Questions, formal notices, or concerns regarding these Terms should be submitted to:

My Dragonfly Native Gardens Inc.
DBA My Dragonfly Gardens
PO Box 116
Minneola, Florida 34755-0116

Terms and Legal Notices:
terms@mydragonflygardens.com

Client Services:
client.services@mydragonflygardens.com

Billing Questions:
billing@mydragonflygardens.com

Telephone:
(407) 627-0811

 

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