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KEARNEY'S LAWN CARE & HAULING, LLC.

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RESIDENTIAL SERVICE PLAN — TERMS AND CONDITIONS

Effective Date: MARCH 29, 2026 | Commonwealth of Virginia | General Terms & Conditions

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1. PARTIES AND AGREEMENT

These Terms and Conditions ("Agreement") constitute a legally binding contract between Kearney's Lawn Care & Hauling, LLC., a Virginia limited liability company ("Company"), and the individual or entity purchasing a residential service plan ("Client"). By purchasing a service plan through the Company's website or any authorized point of sale, the Client acknowledges that they have read, understood, and agreed to be bound by the terms set forth herein.

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2. SERVICES

2.1 Scope of Services. The Company agrees to provide the residential lawn care and property maintenance services specified in the Client's selected service plan (Fresh Cut, Green Haven, or Grand Estate) as described at the time of purchase. All services are performed on residential properties located within the Company's designated service area in the Richmond and Chesterfield, Virginia metropolitan area.

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2.2 Property Assessment. All service plans require a mandatory property assessment prior to the commencement of services. The property assessment is provided at no charge to the Client. The Company reserves the right to adjust the monthly service rate following the property assessment if the property's size, condition, or complexity differs materially from the standard baseline of one-half (½) acre or less. Pricing presented at the time of purchase is the starting rate for properties of one-half (½) acre or less. Properties exceeding one-half (½) acre will receive a custom quote following the assessment.

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2.3 Service Start Date. The Client's selected start date is subject to confirmation by the Company following the completion of the property assessment. Billing commences on the confirmed service start date, not the date of purchase or the Client's requested start date. The Company will make reasonable efforts to honor the Client's requested start date.

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2.4 Spring Cleanup Requirement. For properties that do not meet the Company's minimum service standard at the time of enrollment — including but not limited to overgrown lawns, excessive debris accumulation, months of prior neglect, or unmaintained shrubs and bushes — the Company reserves the right to require the completion of a standalone Spring Cleanup service prior to the commencement of recurring plan services. The Spring Cleanup is a separate, one-time service billed at the Company's then-current standalone cleanup rate. The determination of whether a property meets minimum service standard is made solely at the Company's discretion during the property assessment.

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2.5 Service Scheduling. The Company will make commercially reasonable efforts to perform services on a consistent schedule as described in the Client's selected plan. The Company reserves the right to reschedule services due to inclement weather, unsafe working conditions, equipment failure, or other circumstances beyond the Company's reasonable control. The Company will provide reasonable notice of rescheduled services where practicable.

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2.6 Modifications to Scope. Services not expressly included in the Client's selected plan are not covered by the monthly rate and will be quoted and billed separately. The Client acknowledges that no verbal representations regarding additional services shall be binding unless confirmed in writing by an authorized representative of the Company.

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3. TERM AND RENEWAL

3.1 Plan Term.

  • The Fresh Cut plan is a six (6) month recurring agreement.

  • The Green Haven and Grand Estate plans are twelve (12) month recurring agreements.

The plan term commences on the confirmed service start date following the property assessment.

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3.2 Automatic Renewal. Unless the Client provides written notice of cancellation in accordance with Section 5 of this Agreement, service plans will automatically renew for successive terms of equal length at the then-current rate. The Company will provide the Client with reasonable advance notice of any rate changes prior to renewal.

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3.3 Mid-Season Enrollment. Clients enrolling in the Fresh Cut plan after the commencement of the standard season will be billed on a pro-rated basis for the remaining months of the plan term at the applicable monthly rate. Clients enrolling in the Fresh Cut plan after July 1 of the applicable season will be charged at the standard monthly rate of two hundred forty dollars ($240.00) per month for the remainder of the plan term.

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4. PAYMENT TERMS

4.1 Monthly Billing. The Client agrees to pay the applicable monthly service fee in advance of each service period. Billing begins on the confirmed service start date.

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4.2 Auto-Pay. Clients who elect the auto-pay billing option for the Fresh Cut plan will be charged at the discounted rate of one hundred ninety-nine dollars ($199.00) per month. Clients who opt out of auto-pay will be charged at the standard rate of two hundred forty dollars ($240.00) per month.

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4.3 Onboarding Fee. A one-time onboarding fee of one hundred dollars ($100.00) applies to the Green Haven and Grand Estate plans. The onboarding fee is included in the Client's first monthly payment and does not constitute a separate charge. The Company reserves the right to waive the onboarding fee at its sole discretion for existing customers or in connection with promotional offers.

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4.4 Late Payments.  Any monthly invoice not paid within fifteen (15) days of the due date is considered past due. A late fee of one and one-half percent (1.5%) per month — equivalent to eighteen percent (18%) annually — will be applied to the outstanding balance on the first day of each calendar month the balance remains unpaid, or the maximum rate permitted under Virginia law, whichever is less. Partial payments are applied first to accrued late fees, then to the oldest outstanding invoice balance. The Company reserves the right to suspend services on any account with a past-due balance. Service will resume upon payment of the full outstanding balance, including any accrued late fees. Accounts unpaid for sixty (60) days or more may be referred to a third-party collections agency or result in legal action, and the Client shall be responsible for all reasonable costs of collection, including court costs and attorneys' fees, as permitted under applicable Virginia law.

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4.5 Returned Payments. Returned checks will incur a returned check fee of thirty-five dollars ($35.00), plus any charges assessed to the Company by its financial institution. This fee is in addition to the original invoice amount and is due immediately upon notice. If an automatic credit card or ACH payment fails, the Company will notify the Client within two (2) business days and will attempt to reprocess the payment within five (5) business days. Failure to resolve a failed payment within ten (10) days of notification may result in suspension of services. After two (2) returned checks or failed automatic payments within any twelve (12) month period, the Company reserves the right to require prepayment by cash or certified funds for all future charges.

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4.6 Accepted Payment Methods.

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The Company accepts the following payment methods:

  • Credit card and debit card — processed securely through Wix Payments (Visa, Mastercard, American Express, Discover) via the Company's website at www.kearneyslawnservice.com

  • Check — made payable to Kearney's Lawn Care & Hauling, LLC.

  • Cash — accepted in person; the Client should request a written receipt upon payment

The Company does not accept payment via social media, text message, or third-party peer-to-peer platforms (e.g., Venmo, Cash App, Zelle) unless explicitly authorized by the Company in writing on a case-by-case basis. To update a payment method on file, the Client may log in to their member account at www.kearneyslawnservice.com or contact the Company directly.

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4.7 Deposit. Depending on the nature and scope of the services requested, the Company may require a deposit prior to the commencement of work or the procurement of materials. Whether a deposit is required, and the applicable amount and conditions, will be communicated to the Client in the written quote or service confirmation prior to scheduling. Deposits paid are applied toward the total invoice balance upon completion of the work. Deposits are non-refundable once the Company has scheduled crew, reserved equipment, or procured materials for the Client's service, unless the Company cancels the engagement without cause.

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5. CANCELLATION

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5.1 Notice Requirement. The Client may cancel their service plan by providing written notice to the Company at least thirty (30) calendar days prior to the desired cancellation date. Written notice must be submitted via email to the Company's designated contact address. Verbal cancellation requests will not be accepted and will not be deemed effective.

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5.2 Fresh Cut Cancellation. The Fresh Cut plan is a six (6) month commitment. No early cancellation fee applies to the Fresh Cut plan. The Client remains responsible for all monthly payments through the end of the notice period.

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5.3 Green Haven and Grand Estate Cancellation — Reconciliation Fee. If a Client enrolled in the Green Haven or Grand Estate plan cancels prior to the completion of the full twelve (12) month plan term, a reconciliation fee will apply. The reconciliation fee is calculated as the positive difference, if any, between (a) the retail value of all services delivered to the Client from the plan start date through the cancellation effective date, calculated at the Company's then-current standalone service rates, and (b) the total amount paid by the Client under the plan through the cancellation effective date. The reconciliation fee is due and payable within fifteen (15) days of the cancellation effective date.

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5.4 Trip Fee. If a scheduled service visit is canceled by the Client after the Company's crew has been dispatched to the property, a trip fee may apply. The applicable trip fee, if any, will be stated in the Client's booking confirmation or service agreement at the time of scheduling. The Company will make reasonable efforts to notify the Client of any applicable trip fee prior to the commencement of service.

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5.5 Late Cancellation Fee. Cancellations or rescheduling requests made with less than forty-eight (48) hours' advance notice prior to a scheduled service visit may be subject to a late cancellation fee. The applicable fee, if any, will be stated in the Client's booking confirmation or service agreement. No late cancellation fee will be charged for service visits canceled or rescheduled by the Company.

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5.6 Company Right to Terminate. The Company reserves the right to terminate a service plan immediately and without further obligation upon written notice to the Client if: (a) the Client fails to make timely payment and such failure is not cured within ten (10) days of written notice; (b) the Client or any occupant of the property acts in a threatening, abusive, or unsafe manner toward Company personnel; (c) the property becomes inaccessible or unsafe for the performance of services; or (d) the Client materially breaches any provision of this Agreement.

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6. CLIENT RESPONSIBILITIES

6.1 Property Access. The Client agrees to provide the Company with reasonable and unobstructed access to the property on all scheduled service days. The Client is responsible for ensuring that all gates, fences, doors, and access points are unlocked, accessible, and free of obstruction prior to the crew's scheduled arrival. If the Company is unable to access the property on a scheduled service day due to a locked gate, blocked entry, or Client-caused obstruction, the service visit may be skipped without refund or rescheduled at the Company's discretion, and a trip fee may apply per Section 5.4.

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6.2 Property Conditions. The Client is responsible for disclosing any known hazards, underground utilities, irrigation systems, buried lines, or other conditions on the property that may affect the performance of services. The Company is not liable for damage to undisclosed underground utilities, irrigation systems, or other concealed property features.

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6.3 Personal Property. The Client is responsible for removing personal property, vehicles, toys, hoses, tools, and other obstructions from areas to be serviced prior to each scheduled service visit. The Company is not liable for damage to personal property left unsecured in or near service areas.

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6.4 Pet Safety & Animal Control. The Client is solely responsible for the safety, control, and containment of all animals on the property during scheduled service visits. Prior to the crew's arrival, the Client must secure all pets — including dogs, cats, and any other animals — indoors or in a designated area that does not overlap with any area to be serviced. The Company will not perform services in any area where an unsecured animal is present.

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If the crew arrives and an animal is present in or near the service area and cannot be safely avoided, the affected portion of the service may be skipped or the visit may be rescheduled. The Company is not liable for the escape, injury, loss, or death of any animal resulting from a gate being opened or work being performed in or around areas where animals were present, whether the animal was visible to the crew or not. The Client assumes full responsibility for ensuring animals cannot access, enter, or escape through any gate, door, or opening that the crew may need to use during the performance of services. The Company will not be held responsible for animals that were secured behind a gate that the crew was required to open in the course of performing contracted services.

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6.5 Crew Member Safety & Injury. The safety of Company personnel is a condition of service. The Client agrees to maintain the property in a reasonably safe condition for the performance of services and to disclose any known hazards — including aggressive animals, unstable structures, sinkholes, chemical applications, or other conditions — prior to the commencement of each service visit.

If a Company employee, contractor, or crew member is injured on the Client's property as a result of: (a) an animal attack or bite; (b) an undisclosed hazard or dangerous condition; (c) unsecured or improperly stored materials; or (d) the Client's failure to comply with the responsibilities set forth in this Section 6 — the Client agrees to indemnify, defend, and hold harmless Kearney's Lawn Care & Hauling, LLC., its members, managers, and agents from and against any resulting claims, damages, losses, and expenses, including reasonable attorneys' fees, to the fullest extent permitted by Virginia law. This obligation is in addition to and does not limit the indemnification provided in Section 9.

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7. MATERIALS

7.1 Fresh Cut and Green Haven. For the Fresh Cut and Green Haven plans, labor is included in the monthly rate. Materials — including but not limited to mulch, seed, fertilizer, lime, and salt — are not included and will be quoted and billed separately if requested by the Client or required to perform plan services.

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7.2 Grand Estate. For the Grand Estate plan, standard materials necessary for the performance of plan services — including mulch, seed, fertilizer, lime, and salt — are included in the monthly rate. Materials beyond standard application quantities, or materials required for services outside the plan scope, may be subject to additional charges.

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8. LIMITATION OF LIABILITY

8.1 General Limitation. To the fullest extent permitted by applicable Virginia law, the Company's total liability to the Client for any claim arising out of or related to this Agreement or the performance of services shall not exceed the total amount of monthly fees paid by the Client in the three (3) months immediately preceding the event giving rise to the claim.

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8.2 Consequential Damages. In no event shall the Company be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to this Agreement, including but not limited to loss of use, loss of revenue, or property damage beyond the direct area of service, regardless of whether the Company has been advised of the possibility of such damages.

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8.3 Weather and Acts of God. The Company shall not be liable for delays, missed services, or property conditions arising from severe weather events, acts of God, natural disasters, or other circumstances beyond the Company's reasonable control.

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9. INDEMNIFICATION

The Client agrees to indemnify, defend, and hold harmless Kearney's Lawn Care & Hauling, LLC., its members, managers, employees, agents, and contractors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) the Client's breach of this Agreement; (b) the Client's failure to disclose known hazards or property conditions; or (c) the acts or omissions of the Client or any third party on the Client's property.

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10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions.

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10.2 Jurisdiction and Venue. Any dispute arising out of or related to this Agreement that proceeds to litigation shall be brought exclusively in the state or federal courts of competent jurisdiction located in Chesterfield County or the City of Richmond, Virginia. Both parties hereby consent to the personal jurisdiction of such courts.

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10.3 Informal Resolution. Prior to initiating any formal legal proceeding, the parties agree to attempt in good faith to resolve any dispute through informal negotiation for a period of not less than thirty (30) days following written notice of the dispute from one party to the other.

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11. GENERAL PROVISIONS​

11.1 Entire Agreement. This Agreement, together with the service plan description selected by the Client at the time of purchase, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior discussions, representations, and agreements, whether written or oral.

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11.2 Amendment. The Company reserves the right to amend these Terms and Conditions at any time. The Client will be provided with reasonable advance notice of material changes. Continued enrollment in a service plan following notice of amendment constitutes the Client's acceptance of the amended terms.

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11.3 Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.

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11.4 Waiver. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that party's right to enforce such provision in the future.

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11.5 Notice. All notices required or permitted under this Agreement shall be in writing and delivered via email to the contact address provided by each party at the time of enrollment or as subsequently updated in writing.

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11.6 Independent Contractor. The Company is an independent contractor and not an employee, agent, or partner of the Client.

Nothing in this Agreement shall be construed to create an employment, joint venture, or agency relationship between the parties.

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Kearney's Lawn Care & Hauling, LLC. | Richmond / Chesterfield, Virginia | 2026–2027

These Terms and Conditions were last updated March 29, 2026.

© 2026 Kearney’s Lawn Care & Hauling, LLC. All rights reserved.  | Terms and Conditions

Proudly serving North Chesterfield, VA and the greater Richmond, Virginia area. 

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