BT OC Timberlake LLC d/b/a Badger Lawn Services ("The Company", "Badger", "us", "we") is a Limitied Liability Company established and operating under the laws of the Commonwealth of Virginia and the United States of America; as such, We strive to abide by all laws and treaties applicable to Us. Services We provide to you are subject to the following terms and conditions.
The Client shall provide to the Company complete & correct information regarding objectives, scheduling constraints, and existing conditions. The Client shall establish a budget with reasonable contingencies, shall make each payment to the Company when due, shall offer the Company safe & unencumbered access to the worksite, and shall at all times endeavor to cooperate with the Company and its employees.
The Company shall obtain all necessary permits and pay all regulatory fees related to the work. The Company shall obtain and furnish all labor, equipment, materials, and incidentals necessary for the successful completion of the work contemplated. The Company shall complete all tasks in a neat and workmanlike manner in full accordance with all applicable codes, regulations, and statutes.
The Company shall follow acceptable agronomic and horticultural practices when providing services. Mowing and cutting operations shall be accomplished in a manner intended to protect trees, plants, and soil.
The Company shall protect Client structures, equipment, and vehicles against damage. Any damage, including the creation of soil ruts in lawn areas, due to Company operations shall be repaired at the Company's expense.
The Company shall coordinate all work to avoid undue interruptions of the normal operations at the Client Site. All work shall be accomplished during normal daytime work hours.
The Company shall at all times be authorized to transact business in the Commonwealth as a domestic business entity as required by law.
All goods and/or services delivered and/or rendered by the Company shall comply with all applicable federal, state, and local laws, and shall not infringe any valid patent or trademark.
The Company shall employ a competent Foreperson to supervise the working crew at all times. Said Foreperson shall be able to communicate effectively via spoken English language with both the Client and the work crew.
The Company shall ensure that its employees exercise the degree of caution and discretion necessary to avoid injury to persons and damage to property of any and all kinds.
The Company shall be insured against general liability losses, including contractual liabilities, and shall deliver to the Client a Certificate of Insurance from carrier(s) licensed to do business in the Commonwealth of Virginia. Each such Certificate shall show the Client as an additional insured.
The Company shall purchase and maintain workers' compensation insurance as required by law.
The Company shall immediately notify the Client of any employee assigned to work on Client property who has been convicted of any felony or any crime involving violence.
The Company shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state or federal law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Company. The Company shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. In all solicitations or advertisements for employees placed by or on behalf of the Company, the Company shall state that it is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.
The Company shall not during the performance of this Agreement knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986.
The Company shall be responsible for complying with all applicable federal, state, and local environmental regulations. Company personnel shall be properly trained and possess all necessary certifications to carry out such environmental responsibilities.
During the performance of this Agreement, the Company shall (1) provide a drug-free workplace for its employees; (2) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Company's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (3) state in all solicitations or advertisements for employees placed by or on behalf of the Company that the Company maintains a drug-free workplace; and (4) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000 so that such clauses will be binding upon each subcontractor or vendor.
Any amount due Company which remains unpaid by Client thirty (30) days after the date appearing upon Company's invoice therefor shall bear simple interest at the rate of twelve percent (12%) per annum. In the event that Company prevails in litigation resulting from or arising out of this Agreement or the performance thereof, Client agrees to reimburse Company for reasonable attorneys' fees, court costs, and all other expenses, whether or not taxable by the Court as costs, in addition to any other relief to which Company may be entitled.
The relationship of the parties is that of independent contractors: no joint venture, partnership, employment, agency, or similar arrangement is created between the parties hereto. Neither party has the right or power to act for or on behalf of the other or to bind the other in any respect not expressly set forth in this Agreement. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, beneficiaries, personal representatives, successors, and assigns in perpetuity.
Each party represents and warrants to the other party that (a) it has the full power and authority to enter into and perform its obligations under this Agreement, (b) the assent to and performance by it of its obligations under this Agreement does not constitute a breech of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations, or rules, and (c) this Agreement constitutes a legal, valid, binding obligation enforceable in accordance with its terms and conditions.
This Agreement shall be construed as if jointly drafted both parties and may not be construed against either one. If any provision of this Agreement is determined to be illegal, invalid, or otherwise unenforceable by a court or tribunal of competent jurisdiction, then to the extent necessary to make such provision of this Agreement legal, valid, or otherwise enforceable, such provision will be limited, construed, or severed and deleted from this Agreement and both the remaining portion of such provision and the remaining other provisions hereof will survive, remain in full force and effect, continue to be binding, and be interpreted to give effect to the intention of the parties insofar as possible.
This Agreement shall be governed in all respects by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its choice of law provisions and with the laws of the United States of America. The Courts having jurisdiction over Campbell County, Virginia, shall be the exclusive venue for any litigation.
Each party acknowledges and agrees that no representations or promises other than those specifically set forth herein have been made to or relied upon by either of them. This Agreement and all documents and instruments executed in connection herewith or in furtherance hereof may not be amended, modified, or supplemented except by an instrument in writing signed by all parties hereto. Neither party shall unreasonably refrain from executing an amended or supplemental document necessary to fully effectuate the terms and conditions of this document.
The Company is solely responsible for the Services: no director, officer, agent, contractor, donor, advertiser, affiliate, or employee of the Company, and no successor, heir, or assign of any of them, is personally responsible for the Services.
In no event shall the Company, its subsidiaries, affiliates, distributors, suppliers, licensors, agents, or others involved in creating, sponsoring, promoting, or otherwise making available the Services, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages, or any damages whatsoever, including but not limited to (1) provision or failure to provide any service; (2) inability to use, unauthorized use of, performance or non-performance of the Service; (4) loss of goodwill, profits, business interruption, data, or other intangible losses. The foregoing limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if We have been advised of the possibility of damages.
Many factors within and beyond the control of the Company affect the delivery of the Service and many characteristics, such as aesthetics, appeal, and suitability to taste, of the Service are subjective; accordingly, the Company makes no warranty that the Services conform to any standards or are of any particular quality. The Company makes no warranty or representation that the Service will be error-free or uninterrupted.
The Company makes no warranty that the Service, or the efforts of the Company, are fit for or will fulfill any particular purpose or need. The Company provides the Service as-is, as-available, and with all faults and the entire risk as to satisfactory quality, performance, accuracy, and effort is with the consumer.
The Company makes no representation or warranties of any kind, either express or implied, regarding the Service. To the fullest extent of law, the Company disclaims all representations and warranties of every kind, both express and implied, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, accuracy of content, title, and non-infringement on the rights of third parties.
Some of the foregoing disclaimers, exclusions, and limitations do not apply to all consumers in all circumstances. The liability of the Company shall be limited to the fullest extent permitted by applicable law.
The Badger Loop logo is a trade and/or service mark of the Company. All other marks, including logos and icons, remain the property of their respective owners. The display of a mark does not indicate or imply that the owner of such mark sponsors, endorses, or has any relationship whatsoever with the Company. Any reference by the Company to a mark which it does not own is intended to identify the good(s) and/or service(s) offered by the owner of such mark and, accordingly, is nominative fair use under the Lanham Act.
Services are offered by BT OC Timberlake LLC d/b/a Badger Lawn Services, a Virginia Limited Liability Company. Copyright © 2024, BigTime Venues, Ltd. All rights reserved. The Badger Loop is a trademark of BigTime Venues, Ltd. d/b/a Apex Intellectual Properties and may be registered in Virginia, the United States of America, and elsewhere.