REF: GARDENER-LANDSCAPING-CONTRACT GARDENER LANDSCAPING AND LAWN MAINTENANCE CONTRACT
THIS GARDENER LANDSCAPING AND LAWN MAINTENANCE CONTRACT (the "Contract") is made and entered into on this [Contract Date] by and between:
GARDENER / PROFESSIONAL HORTICULTURIST:
[Gardener / Horticulturist Name]
(hereinafter referred to as the "Gardener", which expression shall unless repugnant to the context include their legal heirs, assistants, and permitted assigns) of the FIRST PART;
AND
CLIENT / PROPERTY OWNER:
[Property Owner / Client Name]
(hereinafter referred to as the "Client", which expression shall unless repugnant to the context include their legal heirs, executors, and assigns) of the SECOND PART.
The Gardener and the Client are hereinafter individually referred to as a "Party" and collectively as the "Parties".
WHEREAS:
A. The Client owns or lawfully occupies the property situated at [Garden / Estate Location] featuring garden, landscape, lawn, and plant areas spanning approximately [Garden / Lawn Area].
B. The Gardener is an experienced landscape maintenance worker and horticulturist possessing practical knowledge of plant care, lawn trimming, pest prevention, soil aeration, and seasonal flowering.
C. The Client desires to retain the Gardener to maintain the estate's lawns and horticultural displays in optimal condition, and the Gardener agrees to provide services on the terms recorded below.
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. SCOPE OF HORTICULTURAL AND LANDSCAPING SERVICES
1.1 The Gardener shall carry out comprehensive landscape and lawn maintenance covering:
[Scope of Gardening and Horticultural Works]
1.2 The Gardener shall observe seasonal requirements and adjust pruning, seeding, and watering schedules according to:
[Seasonal Variation and Weather Adjustments]
1.3 The garden area covered under this Contract is: [Garden / Lawn Area], located at [Garden / Estate Location].
2. SCHEDULE AND FREQUENCY OF VISITS
2.1 The Gardener shall render maintenance visits at the agreed frequency of: Weekly.
2.2 The Gardener shall attend the property on designated days during morning or late afternoon hours to avoid midday sun stress on manicured plants and grass.
2.3 In the event of unavoidable absence, the Gardener shall inform the Client in advance and make up the missed visit within the same week.
3. TOOLS, MACHINERY, AND INPUT SUPPLIES
3.1 The responsibility for providing tools, machines, and watering infrastructure is allocated as follows:
[Equipment and Gardening Tools Provision]
3.2 The procurement and reimbursement terms for saplings, fertilizers, compost, and seeds are defined as follows:
[Supply of Plants, Seeds, Manure, and Fertilizers]
3.3 The Client shall ensure regular, unhindered access to fresh water taps and electrical outlets for lawnmowers during maintenance visits.
4. CONSIDERATION AND PAYMENT TERMS
4.1 The agreed monthly remuneration for the horticultural services is INR [Agreed Monthly Charges (INR)] (Indian Rupees [Agreed Monthly Charges (INR)]).
4.2 The Client shall pay the agreed monthly fee on or before the fifth (5th) day of each following English calendar month via UPI, bank transfer, or cash against a written acknowledgment.
4.3 Expenses incurred by the Gardener for nursery purchases (manure, saplings, flower pots) with the Client's prior consent shall be reimbursed at actuals upon presentation of receipts.
5. HEALTH OF PLANTS AND STANDARD OF CARE
5.1 The Gardener undertakes to exercise reasonable horticultural skill, care, and diligence to promote healthy plant growth, prevent insect infestations, and maintain a neat aesthetic appearance.
5.2 The Gardener shall not be held liable for the loss or death of plants resulting from natural drought, municipal water supply restrictions, extreme heatwaves, frost, insect blights common to the region, or pre-existing soil fungal diseases beyond reasonable horticultural control.
6. DURATION, RENEWAL, AND TERMINATION
6.1 This Contract shall remain valid for a period of [Contract Duration] from the date of execution.
6.2 Either Party may terminate this Contract by giving thirty (30) days advance notice in writing or via digital messaging.
6.3 The Client may terminate immediately without notice in the event of theft, willful damage to property, or unauthorized trespass by the Gardener or their assistants.
7. INDEPENDENT CONTRACTOR STATUS
7.1 The Gardener operates strictly as an independent freelance service contractor and not as an employee, domestic servant, or agent of the Client.
7.2 The Client shall have no statutory liability for employee provident fund, gratuity, medical insurance, or compensation under the Employees' Compensation Act, 1923, for any accidental injuries sustained by the Gardener while handling tools.
8. GOVERNING LAW AND DISPUTE RESOLUTION
8.1 This Contract shall be interpreted in accordance with the laws of India, including the Indian Contract Act, 1872.
8.2 Any dispute arising out of this Contract shall be resolved amicably through mutual discussion. In the event that mutual conciliation fails, the dispute shall be resolved through arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator chosen by mutual agreement.
8.3 Courts having territorial jurisdiction over [Garden / Estate Location] shall have exclusive jurisdiction.
IN WITNESS WHEREOF, the Parties have executed this Gardener Landscaping Contract on the date and year first above written.
GARDENER:
Signature: __________________________
Name: [Gardener / Horticulturist Name]
Date: [Contract Date]
CLIENT:
Signature: __________________________
Name: [Property Owner / Client Name]
Date: [Contract Date]
WITNESS 1:
Signature: __________________________
Name: _______________________________
Address: ____________________________
WITNESS 2:
Signature: __________________________
Name: _______________________________
Address: ____________________________
SCHEDULE OF TERMS, COVENANTS & CONDITIONS(6 ACTIVE CLAUSES)
1. TENURE & TERM OF LEASE: The term of this lease/tenancy shall be for a fixed duration of {{duration_months}} months commencing on {{commencement_date}} and terminating on {{expiry_date}} unless renewed by mutual consent.
2. MONTHLY RENT & DUE DATE: The Second Party covenants to remit a monthly rent of Rs. {{monthly_rent}} payable in advance on or before the {{rent_due_day}} day of each calendar month.
3. REFUNDABLE SECURITY DEPOSIT: The Second Party has deposited an interest-free refundable security sum of Rs. {{security_deposit}} with the First Party, returnable within 7 banking days of vacant handover.
4. PERMITTED USE OF PREMISES: The demised premises shall be utilized exclusively for lawful residential dwelling purposes and shall not be converted into commercial or industrial use.
5. STATUTORY ARBITRATION (ACT 1996): Any dispute arising hereunder shall be referred to a sole arbitrator appointed mutually under the Arbitration and Conciliation Act, 1996, with seat of arbitration in the execution city.
6. SUB-LEASE & ASSIGNMENT PROHIBITION: The Second Party is strictly prohibited from sub-letting, parting with possession, or assigning any portion of the premises to third parties without prior written consent.
ATTESTATION BY INDEPENDENT WITNESSES (AS PER APPLICABLE LAW)
First Witness
Signature:
Full Name:
Parent / Spouse:
Address:
Govt ID / Aadhaar:
Second Witness
Signature:
Full Name:
Parent / Spouse:
Address:
Govt ID / Aadhaar:
