Evergreen Yard Care, Inc. (Evergreen, Emerald or Evergreen of Utah) Service Agreement

· MOWING: is a WEEKLY service through the beginning of October. Thereafter it will adjust according to the season as we deem necessary. REQUESTS FOR VARIATIONS FROM THIS SCHEDULE WILL BE DENIED. We will not mow less than weekly.

· MOWING: There is a 12 week minimum for this service. Early cancellations will be billed for the full 12 weeks .

· MOWING: lawns that are wet due to watering the night before/morning of service may not be bagged, and will be assessed a $5 fee, per incident for the added maintenance it causes to our equipment.

· MOWING: failure to clean up dog-waste will result in a $5 fee per week, and will not be bagged . If you would like us to clean up behind your dog(s) we will do that prior to mowing for an additional charge. It is $5 for the first dog, $2.50 for each dog after the first, per week.

· MOWING: All payments are to be received by the 10 th of the following month or a late fee, of $25 per week until paid in full, will be added and your service may be suspended .

· ALL SERVICES: will continue as signed up for continuing into the next season until you have notified Evergreen to change or discontinue services. If you carry an unpaid balance over into the following year there will be a $50 service fee added to your balance.

· ALL SERVICES: to cancel you must call at least 48 hours prior to scheduled service or you will be held responsible for the billed charges. Your service will be rescheduled into the next day we are in your area. If you are cancelling for the remainder of the season there is an early termination fee that will be applied to your account. Your account will not be closed until the balance is paid in full.

· SPRAYING: All charges will be billed prior to the service date. This is the only way to notify you that we will be coming. The DUE DATE is 14 days from the date of service. A late fee of $25 will be applied if your payment is not received within 14 days of service.

· SPRAYING: We do not offer less than full season packages . If you cancel services before the end of the season (6 treatments), with the exception of selling your property and moving, you will be charged an early cancellation fee of $30 .

· PRICING: Is only guaranteed if you have pre-paid for the season. Your pricing may go up at any time based on the fluctuations in our supply markets.

· SPRAYING GUARANTEE . Evergreen will re-spray your lawn, free of charge, if: 1. If weeds are still alive 7 days after treatment; or 2. If there are insects alive 3 days after treatment. (You must notify us within 7- 20 days of the service date in order to have a re-spray.) Guarantees are void if you cancel services.

This is an agreement between you and Evergreen for yard care services. The term "service" includes any services that you sign up for at this time or request in the future. This Agreement revises and replaces any prior agreements for your service . IF YOU USE EVERGREEN YARD CARE, aka Evergreen of Utah SERVICES, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT whether you have signed this form or not .

1. SERVICE PLANS, CHARGES AND BILLING . You select a Service Plan by returning your sign up form, your yard analysis form, signing up online, or by calling to sign up for service. You may add services by returning forms that Evergreen sends to you or by e-mailing or calling Evergreen to request them. You may cancel services by calling Evergreen at least 48 hours prior to scheduled treatments. If you move or if there is a change of ownership on the property it is your responsibility to notify Evergreen of such changes. Any services performed on the property prior to your cancellation will be billed to you and are your responsibility to pay for. Services will continue as signed up for continuing into the next season until you have notified Evergreen to discontinue services.

Evergreen will schedule your Service(s) in advanc e . If you have circumstances that are under your control that will prohibit Evergreen from properly or safely completing your scheduled service you must notify Evergreen at least 24 hours prior to the service. You are responsible to call for a re-schedule. If Evergreen has been unable to complete the Service(s), due to circumstances under your control such as, but not limited to; watering, sprinklers, yard work, debris, locked gates, pets, etc., you will still be charged the full treatment price. Evergreen will charge a $20 trip fee to complete the service.

All charges will be billed prior to the service date. All payments are to be received in full within 14 days of service. If you fail to pay any charges by the due date, Evergreen may, without notice , charge an administrative or late fee ($20.00 or 15%apr (whichever is greater, on the entire balance) per month for late payment, or suspend or terminate service.

Checks returned to Evergreen will incur a return fee of $20 that will be added to your charges. If your account has charges over 30 days past due , Evergreen may send your account to a collection agency. If your account is sent to a collection agency a collection fee will be charged to your account. You will also be responsible for any additional fees incurred from your collection proceedings. You will waive any claim for any billing error or improper charges unless you notify Evergreen in writing within 30 days of the date of the invoice. If your account is delinquent Evergreen may have a lien placed on the property at your expense. Liens will not be removed until the account is brought to a zero balance. If you carry an unpaid balance over into the following year there will be a $50 service fee added to your balance.

NOTICES . Written notices to you will be effective 2 days after the date they are deposited in the U.S. Mail addressed to your address in our records. You must notify us of any changes in your address. Written or oral notice to Evergreen will be effective when reflected in our records.

GUARANTEE . Evergreen will re-spray your lawn, free of charge, if: 1. If weeds are still alive 7 days after treatment; or 2. If there are insects alive 3 days after treatment.

If you are on a Pre-paid Season Package your lawn treatments are guaranteed for the entire season; includes additional sprays for lawn insects appearing between treatments. (You must notify us 7- 20 days of the service date in order to have a re-spray.) Individual Treatments (Pay per treatment plans) are guaranteed for 30 days from the date of the Service. If you need to use the guarantee please call Evergreen to schedule a re-spray. This guarantee does NOT include fruit trees. If your lawn is dry (shown by soil samples and other evidence) the weed and fertilizer guarantees are void. If your payment is past due your guarantee is void until the account is brought current. Guarantees are void if you cancel services.