Terms & Conditions

These Terms & Conditions describe the standard terms under which John Franklin Co, DBA John Franklin Landscapes, LLC (operating as John Franklin Land Group, the “Company”) provides land development, site work, landscape design and construction services. They apply to website use, proposals, design and rendering services, and construction projects, and they are incorporated into our written project agreements.

Every project is governed by a signed Landscape Design & Construction Agreement with its own Scope of Work (Exhibit A), Payment Schedule (Exhibit B), Project Schedule (Exhibit C), change order forms and warranty documentation. Where a signed agreement and these terms conflict, the signed agreement governs.

The Company furnishes the labor, supervision, equipment, tools, materials, supplies, delivery, disposal and installation necessary to complete the services described in the written Scope of Work. All work is performed in a professional and workmanlike manner consistent with generally accepted industry standards.

On completion, the Company removes construction debris and equipment associated with the work and leaves the property in a reasonably clean condition consistent with normal construction practices. Any work not specifically listed in the Scope of Work is excluded unless added through a written change order signed by both parties.

Unless a separate written rendering agreement states otherwise, all design renderings, conceptual drawings, layout plans, 2D plans, 3D renderings, videos and related design materials created by the Company remain the exclusive intellectual property of the Company.

Renderings represent the conceptual vision, layout and design direction of a project. Final construction may vary due to material availability, site conditions, plant maturity, drainage or grading requirements, field adjustments, professional judgment, building codes, HOA requirements, permitting or site restrictions. Perspective, camera angle, scale and software limitations mean elements may appear larger, smaller, closer or farther than the constructed space. Renderings are a visual planning tool, not a guarantee of exact final appearance, dimensions, material tones, plant sizes or finished result.

Design documents may not be copied, distributed, reproduced, modified, shared or used for construction by another contractor, vendor, company or individual without prior written permission from the Company. All design fees, deposits and rendering service fees are non-refundable once work has commenced, concepts have been developed, meetings have taken place or materials have been ordered.

Clients may request modifications. All modifications must be documented in a written change order prepared by the Company and signed by both parties before the additional work is performed. Change orders may cover additional work, material or plant substitutions, upgrades, design changes, site condition changes, labor adjustments, irrigation changes, schedule adjustments and price adjustments.

Verbal conversations, text messages, informal discussions and on-site requests do not modify an agreement unless confirmed in an approved written change order.

We welcome additional work beyond the original scope. Any added project, upgrade or expanded scope must be reviewed, priced, approved and documented in a written change order or separate agreement before work begins.

Added or late-stage scope may affect sequencing, labor allocation, material ordering, subcontractor scheduling, equipment needs, nursery procurement and the completion timeline. Certain activities must be performed in a specific order, so the Company may pause, delay or resequence portions of the original work in order to plan, price and complete the added work properly. Newly added work may fall outside the original estimated timeline.

Added scope may also require a separate deposit, a revised payment schedule, additional progress payments or payment in full before materials are ordered or labor is scheduled. Client-requested changes do not pause, delay, waive or eliminate payment obligations already due under the original agreement.

Start and completion dates are estimates only and are not guaranteed unless specifically stated in writing. Schedules may be affected by:

• Weather conditions
• Material, plant and nursery stock availability
• Labor and subcontractor scheduling
• Irrigation parts availability
• Change orders and client-requested additions
• Site accessibility
• Permit, inspection, HOA approval or utility marking delays
• Supplier or freight delays
• Unforeseen site conditions

Such delays do not constitute a breach of contract; timelines are adjusted as reasonably necessary.

Clients pay the total project cost according to the payment schedule in their agreement. Invoices are due upon receipt unless otherwise specified in writing. If payment is not received within five (5) days of the due date, the Company may:

• Charge a late fee of five percent (5%) of the overdue amount
• Suspend work until payment is received in full
• Adjust the project schedule accordingly
• Delay ordering materials, plants or irrigation parts, or scheduling labor, until the account is current

Delayed payments may result in project delays, labor rescheduling, supplier and material delays, plant availability changes and additional costs.

By signing a project agreement, the client approves the scope of work, pricing, payment schedule, scheduling and the allocation of labor, materials, equipment, subcontractors and administrative resources. Once signed and accepted by the Company, the agreement is binding. A change of mind, buyer’s remorse, financial reconsideration, preference change or decision not to proceed does not release the client from their obligations.

If a client cancels, delays, pauses or refuses to proceed after signing, the client remains responsible for all amounts due, including deposits, design fees, materials and plants ordered or purchased, irrigation materials, labor scheduled or performed, equipment reserved, subcontractor costs, mobilization costs, administrative and project management time, and any other costs incurred in reliance on the signed agreement. Scheduling, procurement and preparation may begin immediately upon execution.

For construction projects, the Company accepts cash, personal or business check, certified check, cashier’s check and ACH wire transfer.

Credit and debit cards are not accepted for construction projects unless an exception is approved in writing. Where a card payment is accepted, a 3.5% processing fee is applied to the total invoice. Design and rendering packages purchased online through our checkout are governed by the terms presented at checkout.

Deposits secure project scheduling, labor allocation, material, plant and irrigation procurement, subcontractor scheduling, administrative preparation and equipment reservation.

All deposits, design fees, scheduling payments and material payments are non-refundable once work has commenced, materials or plants have been ordered, design work has started, labor has been scheduled, or the project has been placed on the production schedule. Refunds are not issued for a change of mind, delayed decision-making, financial reconsideration or cancellation after signing.

Returned checks, payment reversals, disputed payments and chargebacks constitute a material breach. Returned payments incur a $50 returned payment fee, immediate suspension of all work until resolved, and possible rescheduling. The client remains responsible for payment for all completed work, materials ordered, labor scheduled and costs incurred.

Where the scope includes an allowance, estimated cost or budgeted line item — such as plant material, trees, shrubs, sod, mulch, stone, irrigation or drainage materials, soil amendments or specialty materials — the final cost may increase or decrease depending on final selections, actual quantities, supplier pricing, field conditions, nursery availability or approved changes.

Costs exceeding an allowance are the client’s responsibility through a written change order or invoice adjustment. Unused allowance amounts may be credited toward the final invoice unless otherwise stated in writing.

The Company may suspend work if:

• Payments are not received
• The client interferes with construction operations
• Unsafe working conditions exist
• Hostile, abusive or uncooperative conduct occurs toward employees, subcontractors or representatives
• Required approvals are delayed or denied
• Site access is restricted
• The client refuses to approve necessary change orders related to unforeseen conditions
• Disputes arise that cannot be reasonably resolved

The client remains responsible for payment for work completed, materials and plants purchased or ordered, irrigation materials, labor scheduled, equipment reserved, mobilization costs, and administrative and project management time incurred.

Pricing is based on visible site conditions and information known at the time of proposal, and the Company is engaged only for the specific written scope of work. The Company is not responsible for pre-existing property conditions, prior construction defects, prior contractor work, existing drainage issues, soil instability, erosion, grading problems, underground conditions, utility issues, irrigation problems, code or HOA violations, easements, encroachments, liens, title issues, property restrictions, boundary disputes or environmental conditions that existed before work began.

Clients are responsible for disclosing known pre-existing conditions, restrictions, easements, drainage or utility concerns, HOA requirements, permitting issues, boundary concerns and prior defects. Unforeseen conditions may include:

• Underground rock, concrete or hidden footings
• Buried debris or construction materials
• Unstable or poor soils, tree roots
• Drainage complications, underground water or excessive moisture
• Unknown utilities, irrigation lines or buried electrical
• Existing structural concerns
• Conditions not visible during the initial site visit
• Undisclosed property restrictions, easements or encroachments

If such conditions are encountered, additional work may be required and will be addressed through a written change order at additional expense to the client. The Company is not responsible for correcting, assuming or paying for any pre-existing or concealed condition unless expressly included in the written scope of work, nor for costs, delays, damages, redesign or schedule impacts caused by such conditions.

The client agrees to:

• Provide safe and reasonable access to the property, including gate codes and parking instructions
• Secure pets and children away from work areas
• Remove personal property from construction zones and keep access paths clear
• Identify private underground utilities and systems
• Communicate directly with Company management regarding questions or changes
• Avoid directing field employees or subcontractors outside the approved scope of work
• Notify the Company of known property concerns, HOA rules, easements, private utilities, drainage or irrigation issues, or restrictions

Private systems the client must mark or identify include irrigation, drainage lines, landscape lighting wire, invisible fencing, private electrical and gas lines, septic and well systems, private water lines, and internet, cable or security lines. The Company is not responsible for damage to unmarked, incorrectly marked, undisclosed or privately installed underground systems.

Active construction sites require focus, safety awareness and clear lines of communication. Clients agree not to directly supervise, instruct, manage, redirect, interrupt or interfere with employees, subcontractors, vendors or laborers while work is being performed. Questions, concerns, requested changes and instructions must go to the assigned project manager or authorized representative.

Field workers and subcontractors are not authorized to approve scope, pricing, design, material or schedule changes. Frequent interruptions or conflicting instructions may delay the project, create safety concerns and increase costs. Where interference creates unsafe conditions or prevents efficient work, the Company may pause or suspend work until proper communication procedures are restored, and resulting delays, rework or remobilization may be charged through a written change order.

Construction requires equipment, delivery trucks, trailers, pallets, staging areas and work vehicles. The Company makes reasonable efforts to protect existing lawns, trees, mulch beds, planting areas, turf and gravel where machinery and materials are operated, delivered or staged, including the use of plywood in designated access areas where appropriate.

Temporary disturbance to lawns, driveways, sidewalks, planting areas, turf, gravel, mulch, trees, ground cover or surrounding landscape may still occur even when protective measures are used, including compaction, shifting or the need for touch-up. Restoration of areas outside the contracted scope is not included unless specifically stated. The client authorizes the Company and its employees, subcontractors, vendors and delivery providers to access the property as reasonably necessary.

Unless specifically included in the scope of work, the client is responsible for obtaining HOA, neighborhood, architectural review, property owner and easement approvals, and for notifying the Company of rules, restrictions, easements, setbacks, covenants and access limitations that may affect the project.

Permit fees, engineering fees, survey fees, HOA application fees, inspection fees and government-related costs are not included in the project price unless stated. Delays, redesigns, additional work or costs caused by these requirements are addressed through a change order and may result in additional charges.

Public utilities are notified through Georgia 811 prior to excavation when applicable. Georgia 811 does not mark private systems such as irrigation, drainage, lighting wire, invisible fencing, private electrical, septic, well or privately installed utility lines; those must be identified by the client before construction.

Utility markings may not always be exact, complete or accurate. The Company uses reasonable care when excavating but is not liable for damage caused by inaccurate markings or undisclosed underground conditions.

Grading and construction may influence natural water movement. Where drainage work is in scope, the Company makes reasonable efforts to improve conditions but does not guarantee elimination of all drainage issues, nor prevention of future soil movement, erosion or settlement. Factors outside the Company’s control include:

• Adjacent properties and neighboring drainage patterns
• Soil composition, subsurface water and underground springs
• Municipal infrastructure and roof runoff
• Extreme rainfall, weather and natural slopes or elevation changes
• Existing grading, poor existing soils and improper maintenance
• Irrigation issues

Minor settling of soil, mulch, sod, planting areas and disturbed areas after installation is normal.

Proposals are prepared in good faith based on pricing, availability, supplier quotes and site conditions known at the time of writing. Materials — including plants, trees, shrubs, mulch, irrigation and drainage materials, pipe, soil amendments, fabric, building materials and custom-ordered products — may be subject to supplier pricing changes, availability changes, backorders, discontinuation, freight increases, tariff changes, vendor delays or extended lead times after signing.

Where material costs increase after signing, the Company will notify the client and any change to the total project cost is documented through a written change order signed before the cost is added. Where materials or plant varieties become unavailable or delayed, the Company may recommend a comparable substitute of similar quality, appearance, function and price point, selected to preserve the design intent, with approval requested through a change order where applicable.

Natural materials vary in color, size, texture, shape, pattern and maturity. Such variation is normal and is not a defect.

Clients agree to make selections, approvals and decisions in a timely manner. Delays in approving materials, selections, design details, change orders or substitutions may cause project delays, labor rescheduling, material delays, plant availability changes, price changes, additional mobilization costs and schedule changes. The Company is not responsible for delays caused by late decisions or by changes requested after materials have been ordered or work has been scheduled.

Where a client supplies materials, products, fixtures, equipment, plants, furniture, fire or water features, lighting or appliances, the client is solely responsible for their quality, condition, compatibility, warranty, delivery, missing parts, defects and performance. The Company is not responsible for:

• Defects in client-supplied materials
• Missing or damaged parts and manufacturer issues
• Product delays, failure, incorrect sizing or incompatibility
• Warranty claims
• Labor to repair or replace defective client-supplied items, unless included in a written change order

If client-supplied materials cause delays or require additional labor, additional costs may apply.

Work may be delayed by rain, freezing temperatures, snow or ice, excessively wet soil, extreme heat, severe storms, unsafe conditions or weather-related supplier delays.

The Company is not liable for delays or inability to perform caused by events beyond its reasonable control, including natural disasters, severe weather, supply chain disruptions, labor shortages, vendor delays, material shortages, government restrictions, public health emergencies, utility or permit delays and transportation delays. Timelines are extended accordingly and such delays are not a breach of contract.

The Company maintains general liability insurance, workers’ compensation insurance where applicable, and bonding where applicable. Certificates of insurance are available on request.

The Company may use qualified subcontractors, vendors, suppliers and specialty trades for portions of the work, and remains responsible for project management and quality control of the services within the scope of work.

Plants, trees, shrubs, sod and other living materials require proper watering, maintenance, care and environmental conditions after installation. Unless a written maintenance plan is included in the scope, the client is responsible for watering, irrigation, fertilization, maintenance and protection of living materials after installation, and for monitoring irrigation operation and plant health.

Plant health may be affected by underwatering, overwatering, irrigation failure or improper settings, heat, freeze, drought, excessive rainfall, poor soil, disease, insects, animal damage, improper maintenance, neglect and acts of nature. The Company is not responsible for plant decline or death caused by these conditions.

Hardscape workmanship, where applicable, is warranted for two (2) years against installation defects. Plant materials are warranted for one (1) year provided proper watering and maintenance are maintained by the client. Irrigation workmanship is warranted for ninety (90) days from completion. Each applies unless otherwise stated in writing.

Warranty applies to work performed by the Company and does not cover pre-existing plumbing, water pressure or supply issues, controllers not installed by the Company, electrical issues or damage caused by third parties. Exclusions include:

• Weather, freeze, heat and drought damage
• Animal damage, disease and insect damage
• Irrigation failure, improper watering or improper maintenance
• Vandalism and acts of God
• Soil movement and drainage issues outside the Company's control
• Damage caused by third parties or by client misuse, neglect or alterations

Warranty does not cover normal wear and tear, natural material variation, minor settling or conditions caused by lack of maintenance. Warranty work is limited to correction of defective workmanship or covered material issues as determined by the Company.

The Company is not responsible for:

• Pre-existing site conditions and soil settlement after installation
• Natural material variation
• Damage caused by undisclosed or unmarked private utilities
• Drainage issues caused by adjacent properties
• Weather-related or third-party damage
• HOA or permitting delays
• Client-supplied product defects
• Plant decline caused by watering, maintenance, disease, pests, animals, weather or irrigation issues outside the Company's control

The Company’s liability shall not exceed the amount paid by the client for the specific portion of work giving rise to the claim. The Company is not liable for incidental, indirect, special, punitive or consequential damages, including loss of use, lost profits, loss of enjoyment or emotional distress.

The Company is the contracting party for its services. To the fullest extent permitted by law, no individual owner, officer, member, manager, employee, subcontractor, vendor, representative or agent of the Company shall be personally liable for claims, disputes, damages, losses, payment issues, construction concerns, warranty claims, delays or alleged acts or omissions arising out of or related to an agreement or the services. Claims must be directed solely to the Company, except where such limitation is prohibited by law.

Under Georgia law, the Company reserves the right to file a Mechanic’s and Materialman’s Lien for unpaid labor, materials, equipment, subcontractor work or services. The client agrees to pay all reasonable legal fees, filing fees, collection costs, interest and attorney’s fees associated with recovering unpaid balances.

Clients agree not to directly hire, solicit, employ or contract with any employee, subcontractor, vendor or representative of the Company for twelve (12) months after project completion. Violation results in a $5,000 placement fee payable to the Company.

The Company may photograph and record projects before, during and after construction, and may use those photos and videos for portfolio documentation, marketing materials, website content, social media, advertising, internal documentation and before-and-after examples. No personal identifying information is shared without permission.

On substantial completion the Company may conduct a final walkthrough. Clients agree to identify concerns, incomplete items or requested corrections during the walkthrough or within three (3) business days of substantial completion; items within the original scope or covered by the agreement will be reviewed and addressed. Failure to provide written notice within three (3) business days constitutes acceptance of the completed work, except for valid warranty claims. Final payment is due per the payment schedule and may not be withheld for minor punch list items that do not prevent reasonable use of the completed project.

The Company performs its services in good faith using reasonable professional judgment, industry experience and generally accepted construction practices. Work involves natural materials, weather exposure, soil and drainage conditions, utility risks, supplier delays and field adjustments outside the Company’s control.

If a client is dissatisfied or has any claim, concern or dispute, the client agrees to first provide written notice describing the issue in reasonable detail, and to give the Company and its owners, officers, employees, subcontractors and representatives a reasonable opportunity to inspect, review, respond to and, where appropriate, correct or resolve the issue in good faith before pursuing legal action, filing a formal complaint, withholding or disputing payment, initiating a chargeback, or publishing negative public statements or reviews.

The Company reserves the right to cure, correct, repair, adjust, replace or complete any verified issue within the scope of work or applicable warranty. Clients agree to cooperate in good faith, including providing reasonable property access and allowing reasonable time for scheduling, material availability, weather and completion of corrective work.

If a dispute cannot be resolved through good-faith communication and a reasonable opportunity to cure, any unresolved claim arising out of or related to an agreement, the services, payments, warranties, alleged defects, delays or damages shall be resolved by binding arbitration rather than court litigation — except where prohibited by law or where the Company elects to pursue collection of unpaid amounts, mechanic’s lien rights, injunctive relief or other remedies permitted by law. Arbitration takes place in the State of Georgia, in the county where the project property is located unless otherwise agreed in writing, before a mutually agreed arbitrator or provider. Each party is initially responsible for its own attorney’s fees and costs unless otherwise awarded by the arbitrator or allowed under the agreement or applicable law.

Either party may terminate an agreement if the other materially breaches it and fails to cure within ten (10) days of written notice. If a client cancels, delays, pauses or terminates a project for any reason after signing, the client remains responsible for all unpaid outstanding invoices and for:

• Work completed and incomplete work already in progress
• Materials and plants ordered or purchased, including custom or special-order items
• Irrigation materials ordered or purchased
• Labor costs incurred and labor scheduled
• Equipment reserved and subcontractor costs
• Mobilization costs
• Administrative and project management time incurred
• Any other costs incurred in reliance on the agreement

The Company may deduct these amounts from payments already made; where amounts owed exceed payments made, the client remains responsible for the balance.

These terms and any project agreement are governed by the laws of the State of Georgia, and legal proceedings take place in the county where the property is located unless otherwise required by law.

A signed agreement, together with its exhibits, attachments, approved change orders and written addenda, constitutes the entire agreement between the parties. Any modification must be in writing and signed by both parties. Clients acknowledge they have not relied on verbal promises, statements, representations or guarantees not included in the written agreement.

If any provision is determined to be invalid or unenforceable, the remaining provisions remain in full force and effect.

Clients acknowledge that land development and landscape construction involve natural materials, soil movement, weather exposure, supplier conditions, labor scheduling, utility risks, drainage conditions, irrigation performance, plant availability, plant care requirements and site conditions that may change over time; that the Company is the contracting party and claims are directed to the Company rather than to individuals, except where prohibited by law; and that upon signing an agreement they have reviewed and agree to be bound by its terms.