Terms & Conditions

Effective Date: 23rd Feb, 2026

1. Agreement to Terms 

By accessing our website at blackhilllandscaping.com, requesting an estimate, scheduling services, or engaging Black Hill Landscaping to perform any work, you agree to be bound by these Terms & Conditions (“Terms”). If you do not agree with any part of these Terms, you should not use our website or engage our services. 

These Terms constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Black Hill Landscaping (“Black Hill,” “we,” “us,” or “our”), a landscaping company operating in the State of Texas. 

These Terms apply to all services we provide and all use of our website. Any separate written service agreement or contract signed by both parties will supplement these Terms; in the event of a conflict between a signed service agreement and these Terms, the signed service agreement will control. 

2. Services Provided 

Black Hill Landscaping provides commercial and residential landscaping services in the greater Fort Worth area. Our services include, but are not limited to: 

Commercial Services 

• Landscape maintenance 

• Commercial mowing and edging 

• Commercial fertilization and weed control 

• Commercial irrigation system installation, repair, and maintenance 

• Tree and shrub care 

• Seasonal color and plantings 

Residential Services 

• Landscape design and installation 

• Fertilization and weed control 

• Irrigation and sprinkler system installation, repair, and maintenance 

• Tree and shrub care 

• Mulching 

• Flower bed maintenance 

• Lawn aeration 

• Sod installation 

• Seasonal color 

• Drainage and erosion control 

• Hardscaping (patios, retaining walls, walkways, and similar structures) 

Please note: Residential services do not include weekly lawn mowing, edging, or routine lawn maintenance. Commercial mowing is available for commercial properties under a maintenance agreement. 

The specific scope of work for your property will be described in your estimate, proposal, or service agreement. We reserve the right to modify the services we offer at any time. 

3. Estimates, Pricing & Payments 

3.1 Estimates and Quotes 

All estimates and quotes are provided in good faith based on the information available at the time of inspection or consultation. Unless otherwise stated in writing: 

• Estimates are valid for **thirty (30) days** from the date they are issued. 

• After 30 days, pricing may be subject to change due to material costs, labor availability, or changes in property conditions. 

• An estimate is not a binding contract until you accept it in writing (including by email or electronic signature) and we confirm acceptance. 

3.2 Pricing Adjustments 

We reserve the right to adjust pricing in the following circumstances: 

• Actual site conditions differ materially from what was described or visible during the initial assessment. 

• You request additional work or changes to the agreed scope. 

• Material or supply costs increase significantly between the date of the estimate and the date of service. 

We will notify you of any pricing changes before performing additional work and obtain your approval. 

3.3 Deposits 

Certain projects — particularly installations, hardscaping, and large-scale landscape design work — may require a deposit before work begins. The deposit amount will be specified in your estimate or service agreement. Deposits are applied toward the total project cost. 

3.4 Payment Terms 

Unless otherwise specified in your service agreement: 

• Invoices are due upon receipt or within the timeframe stated on the invoice. 

• We accept payment by check, credit card, ACH transfer, or other methods as communicated. 

• For recurring maintenance contracts, payment is due on the billing cycle specified in your service agreement. 

3.5 Late Payments 

If payment is not received within fifteen (15) days of the invoice date: 

• A late fee of **1.5% per month** (or the maximum rate permitted under the Texas Finance Code, whichever is less) will be applied to the outstanding balance. 

• We reserve the right to suspend all services until your account is brought current. 

• You are responsible for any collection costs, including reasonable attorney’s fees, incurred in the collection of overdue amounts, as permitted under Texas Business & Commerce Code Section 38.001. 

3.6 Suspension for Non-Payment 

If your account remains past due for more than 15 days, we may, at our sole discretion: 

• Suspend all ongoing and scheduled services without further notice. 

• Decline to schedule new services until the balance is paid in full. 

• Report the delinquency to credit reporting agencies. 

Suspension of services does not relieve you of your obligation to pay the outstanding balance plus any applicable late fees. 

4. Scheduling and Property Access 

4.1 Scheduling 

We will make reasonable efforts to perform services on the scheduled date and time. However, scheduling is subject to change due to weather, equipment availability, crew safety, or other operational factors. We will notify you of significant scheduling changes as soon as practicable. 

4.2 Property Access 

By scheduling services, you grant Black Hill Landscaping and its employees, subcontractors, and agents permission to enter your property as necessary to perform the agreed-upon work. This includes access to front yards, back yards, side yards, driveways, and any other areas relevant to the scope of work. 

You are responsible for: 

• Ensuring we have clear and safe access to the work area. 

• Securing pets and removing personal property, vehicles, or obstacles from the work area before our arrival. 

• Providing gate codes, keys, or other access information as needed. 

• Notifying us of any changes to access arrangements (e.g., new locks, gate codes, construction). 

4.3 Inability to Access 

If our crew arrives at the scheduled time and cannot access the property or work area due to circumstances within your control (locked gates without notice, unsecured animals, blocked access, etc.), we reserve the right to charge a trip fee as specified in your service agreement. 

5. Property Conditions & Client Disclosure 

5.1 Your Responsibility to Disclose 

Before work begins, you must inform us in writing of any known conditions on or affecting your property that could impact our ability to perform services safely and effectively, including but not limited to: 

• Underground utilities: Gas lines, electrical lines, water lines, sewer lines, fiber optic cables, or any other buried infrastructure. 

• Irrigation systems: The location and layout of sprinkler heads, drip lines, valves, control wiring, and irrigation piping. 

• Septic systems: The location of septic tanks, drain fields, and related components. 

• Property boundaries: Survey markers, easements, and property line disputes. 

• Environmental hazards: Known contamination, asbestos, lead paint, unstable soils, flooding history, or drainage issues. 

• Deed restrictions and HOA rules: Any homeowner association rules, deed restrictions, or local ordinances that may affect the type of work we can perform or the materials we can use. 

• Recent or ongoing construction: Any recent excavation, construction, or utility work that may have altered subsurface conditions. 

5.2 Utility Locate Requests 

While we will take reasonable precautions and, where appropriate, request utility locates through Texas 811 (the state’s “Call Before You Dig” service), you remain responsible for disclosing the location of private utilities and any infrastructure not covered by the Texas 811 system. 

5.3 Liability for Undisclosed Conditions 

Black Hill Landscaping is not liable for damage to underground utilities, irrigation systems, septic systems, or other property features that you failed to disclose or that were not accurately marked. Repair costs for damage to undisclosed or unmarked infrastructure will be the responsibility of the property owner. 

6. Force Majeure 

Neither party shall be considered in breach of these Terms, or liable to the other party, for any delay or failure in performance caused by circumstances beyond that party’s reasonable control. Force majeure events include, but are not limited to: 

• Severe weather, storms, flooding, drought, freeze, or other adverse weather conditions 

• Natural disasters (tornadoes, hurricanes, earthquakes, wildfires) 

• Pandemics, epidemics, or public health emergencies 

• Government orders, regulations, embargoes, or sanctions 

• Supply chain disruptions, material shortages, or significant cost increases for materials 

• Labor shortages, strikes, or workforce disruptions 

• Utility failures (water restrictions, power outages) 

• Acts of war, terrorism, or civil unrest 

In the event of a force majeure occurrence, the affected party will notify the other party as soon as reasonably possible. Project timelines will be extended by the duration of the force majeure event, and we will resume work as soon as conditions safely permit. 

If a force majeure event continues for more than ninety (90) days, either party may terminate the affected service agreement by providing written notice, and neither party will have further liability to the other except for payment of services already rendered. 

7. Limitation of Liability 

7.1 Liability Cap 

To the fullest extent permitted by Texas law, Black Hill Landscaping’s total liability to you for any and all claims arising out of or related to our services, whether based on contract, tort (including negligence), strict liability, or any other legal theory, shall not exceed the total amount you have paid to Black Hill Landscaping for the specific service giving rise to the claim during the twelve (12) months immediately preceding the event that caused the damage. 

7.2 No Consequential Damages 

In no event shall Black Hill Landscaping be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: 

• Loss of profits, revenue, or business opportunities 

• Loss of use or enjoyment of property 

• Diminution in property value 

• Cost of replacement landscaping performed by a third party 

• Emotional distress 

This limitation applies even if we have been advised of the possibility of such damages. 

7.3 Time Limitation on Claims 

Any claim arising from our services must be reported to us in writing within thirty (30) days of the date you discover, or reasonably should have discovered, the issue. Failure to provide timely notice may limit or bar your claim. In any event, no claim may be brought more than one (1) year after the service was performed, regardless of when the issue was discovered. 

7.4 Texas Law 

These limitations are intended to be enforceable to the fullest extent permitted by the Texas Business & Commerce Code and other applicable Texas law. If any limitation is found to be unenforceable, liability shall be limited to the minimum extent permitted by law. 

8. Warranty Disclaimer 

8.1 General Disclaimer 

Except for any express written warranties provided in a signed service agreement, all services are provided “AS IS” and “AS AVAILABLE” without warranty of any kind, whether express, implied, or statutory. To the maximum extent permitted under Texas law, Black Hill Landscaping disclaims all implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and workmanship. 

8.2 Plant Survival Disclaimer 

Landscaping involves living materials that are subject to conditions beyond our control. Black Hill Landscaping does not guarantee the survival, growth, or long-term health of any plants, trees, shrubs, sod, grass seed, or other living materials installed or maintained as part of our services. Plant health is influenced by many factors, including but not limited to: 

• Watering practices (including irrigation system function and client watering habits) 

• Soil conditions 

• Weather and climate events (drought, freeze, extreme heat, flooding) 

• Pest and disease pressure 

• Client maintenance after installation 

• Pre-existing root or soil conditions not visible at the time of service 

If your service agreement includes a specific plant warranty or replacement guarantee, those terms will be stated in writing and will control over this general disclaimer. 

8.3 No Guarantee of Specific Outcomes 

We do not guarantee specific aesthetic results, growth timelines, or outcomes. Landscaping results depend on many variables, and reasonable variation from estimates, renderings, or descriptions is expected. 

9. Indemnification 

9.1 Client Indemnification 

You agree to indemnify, defend, and hold harmless Black Hill Landscaping, its owners, officers, employees, contractors, and agents from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to: 

• (a) Your breach of any provision of these Terms. 

• (b) Your failure to disclose property conditions as required by Section 5 of these Terms, including undisclosed underground utilities, irrigation systems, septic systems, or other hazards. 

• (c) Your negligence or willful misconduct, including but not limited to failure to secure pets, failure to maintain safe conditions, or interference with our crew during service. 

• (d) Any third-party claims arising from or related to your property, including claims by neighbors, tenants, homeowner associations, government entities, or visitors. 

9.2 Notice and Cooperation 

We will notify you promptly of any claim for which we seek indemnification and will cooperate with you in the defense of such claim. You shall not settle any claim without our prior written consent if such settlement would impose any obligation or liability on Black Hill Landscaping. 

10. Photo & Media Rights 

10.1 Grant of License 

By engaging Black Hill Landscaping to perform services on your property, you grant us a non-exclusive, royalty-free, perpetual (subject to revocation as described below) license to photograph, video record, and otherwise capture images of the completed work on your property, and to use such images for the following purposes: 

• Company website and online portfolio 

• Social media accounts (including but not limited to Instagram, Facebook, LinkedIn, YouTube, and any future platforms) 

• Print and digital marketing materials, advertisements, and brochures 

• Business proposals and client presentations 

• Industry publications and awards submissions 

10.2 Privacy 

We will not include identifiable images of you, your family members, or other individuals in any marketing materials without separate express consent. We will not publish your street address or identify you by name alongside property images without your written permission. 

10.3 Revocation 

You may revoke this photo and media license at any time by sending a written request (email is acceptable) to hello@blackhilltx.com. Upon receipt of your revocation request: 

• We will remove your property images from our website, social media, and digital marketing materials within **thirty (30) days**. 

• We are not responsible for removing images that have been shared, reposted, or cached by third parties, search engines, or social media platforms beyond our direct control. 

• Revocation does not apply retroactively to materials already printed and distributed before we received your request. 

11. Intellectual Property 

11.1 Our Intellectual Property 

All content on the Black Hill Landscaping website — including text, graphics, logos, images, photographs, videos, icons, page layout, and software — is the property of Black Hill Landscaping or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. 

The Black Hill Landscaping name, logo, tagline, and all related brand marks are trademarks or service marks of Black Hill Landscaping. You may not use, reproduce, or display any of our trademarks without our prior written consent. 

11.2 Landscape Designs 

Unless otherwise stated in a signed service agreement, all landscape designs, plans, drawings, renderings, and specifications created by Black Hill Landscaping remain our intellectual property. A license to use the design for the specific project is granted upon full payment. Designs may not be shared with, used by, or reproduced for other contractors or projects without our written permission. 

11.3 Limited License for Website Use 

We grant you a limited, non-exclusive, non-transferable license to access and view the content on our website for personal, non-commercial use only. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any website content without our prior written consent. 

12. Cancellations & Refunds 

12.1 Cancellation of Individual Services 

If you need to cancel a scheduled one-time service, please notify us at least forty-eight (48) hours before the scheduled date. Cancellations made less than 48 hours in advance may be subject to a cancellation fee as specified in your service agreement. 

12.2 Cancellation of Recurring Maintenance Contracts 

For recurring maintenance agreements, either party may cancel with sixty (60) days’ written notice unless a different notice period is specified in the signed service agreement. You are responsible for payment for all services performed through the effective date of cancellation. 

12.3 Early Termination Fee 

If your service agreement includes a defined contract term (e.g., a 12-month maintenance agreement) and you cancel before the end of that term, an early termination fee may apply. Unless otherwise specified in your signed service agreement, the early termination fee shall equal the lesser of: 

• The total value of services remaining under the contract term, or 

• Two (2) months of the recurring service fee 

The early termination fee compensates Black Hill Landscaping for scheduling, crew allocation, and business planning commitments made in reliance on the agreed contract term. The early termination fee does not apply if you cancel due to a material breach by Black Hill Landscaping that remains uncured after thirty (30) days’ written notice. 

12.4 Deposits and Refunds 

• Before materials are ordered or work begins: Deposits are fully refundable if you cancel before we have ordered materials, engaged subcontractors, or begun physical work on your property. 

• After materials are ordered or work begins: Deposits are **non-refundable** once we have ordered materials, engaged subcontractors, or commenced work. If you cancel a project in progress, you are responsible for the cost of all materials ordered, work completed to date, and any restocking fees or non-refundable commitments we have incurred. 

12.5 Our Right to Cancel 

We reserve the right to cancel or decline to perform services at any time if: 

• We determine that site conditions are unsafe for our crew. 

• You breach any provision of these Terms. 

• Your account is past due and remains unpaid after notice. 

• You engage in threatening, abusive, or harassing behavior toward our employees, subcontractors, or agents. 

If we cancel for reasons unrelated to your breach, we will refund any unearned portion of payments you have made. 

13. Dispute Resolution 

13.1 Good Faith Negotiation 

In the event of any dispute, claim, or controversy arising out of or related to these Terms or our services, you and Black Hill Landscaping agree to first attempt to resolve the matter through good faith negotiation. Either party may initiate this process by sending written notice describing the dispute to the other party. The parties shall have thirty (30) days from receipt of such notice to reach a resolution. 

13.2 Mandatory Mediation 

If the dispute is not resolved through negotiation within 30 days, the parties agree to submit the dispute to non-binding mediation before a mutually agreed-upon mediator in Tarrant County, Texas. The costs of mediation will be shared equally between the parties unless the mediator directs otherwise. 

13.3 Binding Arbitration 

If the dispute is not resolved through mediation, the parties agree to submit the dispute to final and binding arbitration administered in Tarrant County, Texas in accordance with the rules of the American Arbitration Association (“AAA”) then in effect. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. 

The arbitration shall be conducted by a single arbitrator. The arbitrator shall apply Texas law. Discovery shall be limited to what is necessary and relevant. Each party shall bear its own costs and attorney’s fees unless the arbitrator determines that the claim or defense was frivolous, in which case the arbitrator may award reasonable attorney’s fees to the prevailing party. 

13.4 Class Action Waiver 

You and Black Hill Landscaping agree that any dispute resolution proceedings will be conducted on an individual basis only, and not as part of a class, consolidated, or representative action. You waive the right to participate in or bring a class action, class arbitration, or other representative proceeding against Black Hill Landscaping. 

13.5 Exceptions 

Nothing in this section prevents either party from seeking injunctive relief or other equitable remedies in a court of competent jurisdiction to prevent irreparable harm, or from filing a claim in small claims court in Tarrant County, Texas, if the dispute falls within that court’s jurisdictional limits. 

14. Severability 

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect. 

15. Assignment 

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Black Hill Landscaping. 

Black Hill Landscaping may assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, without your consent, in connection with a merger, acquisition, corporate restructuring, sale of assets, or similar business transaction. In the event of such assignment, your rights under these Terms will not be diminished. 

16. Website Use 

16.1 Permitted Use 

The Black Hill Landscaping website is provided for your personal, informational, and non-commercial use. You may browse the site, request estimates, and contact us through our online forms. 

16.2 Prohibited Conduct 

When using our website, you agree not to: 

• Access or attempt to access any portion of the website through unauthorized means, including hacking, data mining, scraping, or other automated methods. 

• Interfere with or disrupt the operation of the website, its servers, or connected networks. 

• Use the website for any unlawful purpose or in violation of any applicable federal, state, or local law. 

• Upload, transmit, or distribute any viruses, malware, or other harmful code. 

• Impersonate any person or entity or misrepresent your affiliation with any person or entity. 

• Collect or harvest personal information of other users. 

• Use the website to send unsolicited commercial communications (spam). 

16.3 Website Availability 

We do not guarantee that the website will be available at all times or free from errors, interruptions, or security breaches. We may modify, suspend, or discontinue any aspect of the website at any time without notice. 

17. Governing Law 

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law principles. Subject to the dispute resolution provisions in Section 13, any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Tarrant County, Texas, and you consent to the personal jurisdiction of such courts. 

18. Changes to Terms 

We reserve the right to update, modify, or replace these Terms at any time at our sole discretion. When we make changes: 

• The updated Terms will be posted on our website at blackhilllandscaping.com with a revised effective date at the top. 

• Material changes may be communicated to active clients via email or written notice. 

• Your continued use of our website or services after the updated Terms are posted constitutes your acceptance of the revised Terms. 

We encourage you to review these Terms periodically. If you do not agree with a modification, you should stop using our website and notify us if you wish to terminate your service agreement. 

19. Contact Information 

If you have any questions, concerns, or requests regarding these Terms, please contact us: 

Black Hill Landscaping 

230 S Grants Lane 

White Settlement, TX 76108 

Phone: (817) 995-0324 

Email: hello@blackhilltx.com 

Website: blackhilllandscaping.com