# The Contract I Use



## maxburton (Jan 10, 2007)

Here's the contract my customers sign. It has been reviewed (and revised) by a lawyer. What do you think? This isn't copywritten, you can use it if you want. Comments and criticisms are welcome.

RELEASE, ACCOUNT AGREEMENT AND PERSONAL GUARANTEE TERMS:
[the CUSTOMER] certifies that he/she is either the owner, homeowner, corporate officer and/or other agent authorized to enter into this release. Account agreement and personal guarantee [the AGREEMENT] with MAX BURTON TREE AND SHRUB CARE for the completion of exactly and only the work detailed on the other side of this paper [the WORK] and intending to be legally bound, agrees to the following:

1. CUSTOMER agrees that credit will not be extended and payment is due when WORK is completed in a way that would satisfy a reasonable person. If payment is not received at that time, CUSTOMER agrees to pay interest at the rate of 1.5% per month or 18% annual or until the full amount of the invoice(s) is paid.

2. CUSTOMER, in the event of default of this AGREEMENT agrees to reimburse MAX BURTON TREE AND SHRUB CARE for all expenses, including reasonable collections fees (either by a collection agent or attorney) at the 
agreed reasonable rate of 40% of the delinquent principal amount.

3. CUSTOMER agrees that in addition to binding to the terms and conditions of this AGREEMENT that he/she also provides a PERSONAL GUARANTEE to the terms of this AGREEMENT (including payment of principal, interest, and collections fees) which shall in addition to binding any corporate, partnership, and or trade name entity stated herein.

4. CUSTOMER agrees that no employee or agent of MAX BURTON TREE AND SHRUB CARE is authorized to mitigate disputes between neighbors.

5. CUSTOMER agrees that CUSTOMER is responsible for designating property boundaries and is responsible for any costs that arise from errors in such designation.

6. CUSTOMER understands that during the course of the WORK lawn, soil, earth, and/or plants may be damaged, and unless otherwise mutually agreed in writing, no compensation, replacement, or guarantee will be provided for such damaged items.

7. CUSTOMER understands that the safety and or lifespan of a tree cannot be determined with perfect accuracy, and therefore any statement about a tree or plant by any employee or agent of MAX BURTON TREE AND SHRUB CARE is a best estimate and not a guarantee.

8. CUSTOMER agrees to use the services of MAX BURTON TREE AND SHRUB CARE in strict COMPLIANCE WITH ALL APPLICABLE RULES, LAWS, REGULATIONS, and ORDERS.

9. CUSTOMER agrees that except as otherwise mutually agreed in writing, this document is the COMPLETE AGREEMENT of the parties and supersedes all other agreement(s) or understandings, written, oral, or otherwise.

I hereby certify that I am the owner, partner, and or corporate officer or other person/agent duly authorized to enter into this AGREEMENT, including acknowledging that I am providing a PERSONAL GUARANTEE relative to this AGREEMENT in addition to binding the name CUSTOMER.



Date:_________________

Please print CUSTOMER or legal name:_________________________________________________________________

Authorized CUSTOMER signature:_________________________________________________________________


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## Treeman14 (Jan 13, 2007)

maxburton said:


> Here's the contract my customers sign. It has been reviewed (and revised) by a lawyer. What do you think? This isn't copywritten, you can use it if you want. Comments and criticisms are welcome.
> 
> RELEASE, ACCOUNT AGREEMENT AND PERSONAL GUARANTEE TERMS:
> [the CUSTOMER] certifies that he/she is either the owner, homeowner, corporate officer and/or other agent authorized to enter into this release. Account agreement and personal guarantee [the AGREEMENT] with MAX BURTON TREE AND SHRUB CARE for the completion of exactly and only the work detailed on the other side of this paper [the WORK] and intending to be legally bound, agrees to the following:
> ...




I don't understand #8. Could you please explain the intent there?


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## Darin (Jan 13, 2007)

Many states have laws pertaining to contracts for instance, in Minnesota you must have a pre-lein notice on your contracts in bold print and #12 font. I think they are just signing that they will comply with any rules and regs in PA. You actually had to have the state law on your contract in MN to be valid. Here is what Pennsylvania says. http://www.hjlawfirm.com/information/faqlist.php?pa=cnt&sn=pre&q=2

It doesn't say what size the font needs to be or anything but I would recommend it on your contract somewhere. I can tell you from experience, PA is a great place to be a thief. It is VERY hard to collect your money there if you don't want to pay. It's a joke.


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## Ekka (Jan 13, 2007)

If I tried something like that around here I probably wouldn't get a job. That's pretty full on, do you really need that?

And what's the story in PA? Are you saying that if you bid a guy $500 to take a tree out, do the job and he doesn't pay you are stuck ... that's a new one on me.

Do you guys get dudded a lot or something? Like 95% or more of people do the right thing.


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## Darin (Jan 14, 2007)

I would say more than that do the right thing. I had somebody in PA that owed me money and they protected her more than me. I lost like $4000 on that deal. Once you went through all the fees I would be better off walking away.....which I did. On my contract it's on the backside of the contract and have them initial it last. I will try to post in the next couple days.


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## maxburton (Jan 17, 2007)

I hope to never need this contract, but I wrote it to protect myself. I go through it with the customer and make sure they understand. With a contract like this, a small claim would be over quickly. It also makes my bid look more professional. I have this contract pre-printed, and print the bids on the other sides of the sheets.

#8 means that if the customer orders a crew to do something that breaks the law, the customer is responsible.

Great link, Darin! I'll check it out. This contract was written with the help of a lawyer, but I'm sure it can still be improved.


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