Terms and Conditions

​

Effective Date: January 1, 2024

​

Hedge Fund Outdoor Services Inc., operating as Hedge Fund Trim and Garden.

​

Thank you for choosing Hedge Fund Trim and Garden. We appreciate the opportunity to provide landscaping and property maintenance services and are committed to delivering professional, reliable and respectful service to our clients.

​

The following Terms & Conditions are intended to clearly outline the responsibilities and expectations of both Hedge Fund Trim and Garden and our clients, including the scope of services, scheduling, payment, cancellations, site conditions, property access, and other matters relating to the services we provide.

​

These Terms & Conditions, together with the applicable quote, proposal, work order, maintenance plan, service agreement, or other written agreement approved by the Client, form the terms under which services will be provided.

​

By approving or otherwise accepting a quote, proposal, agreement, or service through Hedge Fund Trim and Garden, the Client acknowledges that they have had an opportunity to review these Terms & Conditions and agrees to be bound by them, subject to any rights or protections provided under applicable law.

​

Hedge Fund Trim and Garden is the operating name of Hedge Fund Outdoor Services Inc. For the purposes of these Terms & Conditions, “Contractor,” “we,” “us,” or “our” refers to Hedge Fund Outdoor Services Inc.

​

We have designed these terms to provide clarity for both our clients and our team, while ensuring that expectations are understood before work begins. If you have any questions about these Terms & Conditions or the services being provided, please contact us before approving your quote or agreement.

​

We look forward to working with you and helping keep your property looking its best.

 

Hedge Fund Trim and Garden
Hedge Fund Outdoor Services Inc.

​​​

​

1. Scope of Work

The Contractor shall only provide services explicitly listed in the “Scope of Work” section or approved in writing as “Optional Services.”

Any additional requests, modifications or tasks outside of scope are subject to a separate quote and scheduling availability.

The contractor reserves the right to refuse non-contracted tasks requested onsite.

 

2. Payment & Fees

 Unless otherwise agreed to by both parties, and at the discretion of the Contractor, maintenance plans are due in two equal installments prior to: 

 April 21 for opening service and first half of season maintenance, and August 1 for second half of season maintenance and October closing service. 

 Contracted projects are to be paid via progress payments, unless otherwise agreed to in writing between the contracted parties at the discretion of the Contractor . 

 Project payments must include an initial material deposit to cover upfront material, ordering and equipment costs in full, another 30% of project total payment when onsite work commences, with the remaining balance to be paid immediately upon completion of the project.

 Late Fee: $50 monthly administrative charge on overdue invoices. 

 If payment is 15+ days overdue, services will be suspended until full payment is received, and the client must forfeit any missed service dates in that time frame. 

 Optional/additional work must be paid upfront before scheduling. 

 All materials and plants provided by the Contractor remain property of the company until payment is made in full. 

 All invoices are subject to applicable fees, taxes and HST.

 

3. Cancellation & Early Termination  

 Client-Initiated Termination: Requires 30 days written notice and incurs: 

 - A 25% early termination fee on the remaining contract 

 Forfeiture of unused services 

 Contractor retains the right to: 

 - Terminate immediately due to nonpayment, unsafe working conditions, harassment, or material breach. 

 - Charge a mobilization fee of $250 for any return visits required to complete partial or interrupted work due to Client action/delay. 

 Only the Contractor can authorize contractual changes or refunds or once the proposal or contract is signed or otherwise approved by the involved parties.

 

4. Weather, Site Conditions & Delays

 Services are weather-dependent. Delays caused by rain, wind, frost, or excessive heat are not grounds for refund or penalty.

 Services will be rescheduled at the Contractor’s discretion.

 If unsafe or inaccessible conditions are present (e.g., blocked access, active construction, debris), Contractor may:

 Reschedule at their convenience, or Charge a $150 service call fee for lost time.

 

5. Access & Site Requirements  

 Client must ensure: 

 - All gates and access points are unlocked 

 - Irrigation systems are functioning properly 

 - Pets and occupants are secure and away from active work zones 

 Failure to meet these conditions may result in: 

 - Missed visits (non-refundable) 

 - Additional callout fees or service delays

 

6. Landscape, Plant Health & Survival Disclaimer

 The contractor does not guarantee the performance or survival of pre-existing plant material, lawns, garden beds or other installations. 

 Warranties can be included on new plantings and installations only and must be arranged in writing with the Contractor.

 No liability shall be assumed for plant loss or landscape deterioration due to:

 soil quality, weather conditions, pest infestation, improper irrigation, grading or client neglect.

 Pest or disease treatments, irrigation fixes, soil remediation, or grading are not included and will be separately quoted. Treatments, repairs and remediation 

 include services rendered to pre-existing landscaping or materials are thus not guaranteed. 

 Plant, grass, and weed removal will deemed effective at a 95% removal rate.

​

7. Damage, Liability & Indemnity

 The contractor shall take all reasonable care during service. Reported damage must be submitted in writing within 48 hours of occurrence and include

 picture or video documentation of affected area.

 Utility marking will be done prior to project start any time ground excavation is projected to occur. 

 Onsite operations involving excavation will not commence until all markings are received and noted.

 Beyond officially marked utilities, Contractor is not responsible for damage to:

 - Unmarked hazards

 - Underground systems (sprinklers, wires, septic, etc.)

 - Structures already in poor condition

 Client agrees to indemnify and hold harmless the Contractor from any liability, claims, damages, or legal actions arising from the use of the property, except in cases of gross negligence.

 

8. Force Majeure

 Contractor is not liable for delays or inability to perform due to circumstances beyond control 

 (e.g., weather, material shortages, pandemics, labor disruption, equipment failure, etc.).

 

9. Dispute Resolution

 Disputes shall first be addressed through good-faith negotiation.

 If unresolved, both parties agree to mandatory mediation in Ottawa, Ontario before initiating any legal action.

 Client waives the right to file claims exceeding the total value of this contract.

 

10. General Conditions

 Clients are not permitted to redirect workers, interfere with scheduled work, or ask for non-contracted services without a written agreement. 

 On-site project changes may incur additional costs.

 Photos may be taken for documentation and marketing purposes. No identifying features of properties shall be made visible without client permission.

​

​