Milfoil Mercenaries LLC Terms & Conditions Agreement

This Terms & Conditions Agreement (“Agreement”) is entered into by and between Milfoil Mercenaries LLC (“Contractor”) and the client(s) identified in the approved Jobber quote (“Client” and/or “Recipient”). The Jobber quote approved by Client (“Quote”) is incorporated herein by reference and, together with this Agreement, constitutes the complete agreement between the parties.

1. Scope of Services

Contractor agrees to provide mechanical and/or manual removal of invasive aquatic vegetation from the designated area at the Property as described in the Quote. The Quote is incorporated by reference and constitutes the Scope of Work for all purposes under this Agreement. 

Contractor may reasonably modify methods, equipment, or scope in response to site conditions encountered in the field. Contractor may subcontract some or all of the Services.  

Service areas and measurements are based on estimates derived from tools such as Google Earth, Parcel Viewer, or similar sources and may be accurate only within a reasonable margin. Final service areas and conditions may vary based on actual field conditions, and Contractor shall not be responsible for minor deviations from estimated measurements, including any resulting variation in the area treated or Services performed.

2. Scheduling

Services will be performed within the Washington state-approved seasonal window (typically mid-July through September).

A specific service date will be mutually agreed upon and confirmed in writing once sufficient jobs have been secured in the area to allow for efficient clustering and scheduling. Client will receive at least 14 days’ notice of the confirmed service date.

Client acknowledges that final scheduling is subject to weather, permitting, and Contractor availability within the Washington state-approved window. All Services are contingent upon permitting, regulatory approval, weather conditions, and equipment availability, and Contractor may reschedule without penalty as reasonably necessary.

3. Payment Terms

Client shall pay a deposit equal to 20% of the Total Price upon approval of the Quote, which is required to secure scheduling. The deposit is non-refundable if Client cancels within seven (7) days of the scheduled Service date. The remaining balance shall be due within five (5) days after completion of the Services and delivery of an invoice. Contractor accepts payment by check, Zelle, Venmo, ACH, or credit card.

Any amounts not paid when due shall accrue interest at the rate of 1.5% per month (18% per annum), or the maximum rate permitted by Washington law, whichever is less, from the date due until paid. Contractor reserves the right to suspend or delay Services for non-payment. Client shall be responsible for all reasonable costs of collection, including attorneys’ fees, to the fullest extent permitted by Washington law.

4. Client Representations & Responsibilities

Client represents and warrants that:

(a)   Client owns the Property or has full legal authority to authorize the Services for the entire designated service area described in the Quote;

(b) All information provided by Client regarding the Property, including boundaries, access points, and service areas, is accurate and complete;

(c)  Client has disclosed all known hazards, whether visible or submerged, including but not limited to power or water lines, anchor systems, buoy chains, irrigation components, cables, debris, or other obstructions that could affect performance of the Services.

Client agrees and acknowledges that:

(a) Client shall ensure that the dock, shoreline, and surrounding areas are reasonably clear and accessible for safe equipment launch and crew access;

(b) Client shall be solely responsible for identifying and marking any hazards not readily visible to Contractor prior to commencement of Services;

(c) Client shall notify neighboring property owners or users if necessary, and acknowledges that Contractor is not responsible for any vegetation drift, fragmentation, or related conditions affecting adjacent properties;

(d) Client assumes all risk of loss or damage arising from undisclosed or inaccurately described conditions at the Property.

Client agrees to indemnify, defend, and hold Contractor harmless from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to (i) any breach of the foregoing representations or warranties, (ii) any undisclosed or inaccurately described condition at the Property, or (iii) any third-party claims relating to the Property or the Services, to the fullest extent permitted by Washington law.

5. Permits & Compliance

Contractor will obtain all necessary Hydraulic Project Approvals (HPA) and comply with Washington Department of Fish & Wildlife, Department of Ecology, and local regulations. Client acknowledges that delays due to permitting or weather are not Contractor’s responsibility.

6. Limited Satisfaction Guarantee

Contractor warrants solely that all Services shall be performed in a workmanlike manner and in accordance with generally accepted industry standards.  

Contractor does not warrant or guarantee that milfoil, lily pads, or other invasive aquatic vegetation will be permanently eradicated. Such vegetation commonly regrows from surviving roots (rhizomes) and may spread through natural or external causes, including but not limited to wind, water currents, wildlife, watercraft, or neighboring properties. Fragmentation, spread, or regrowth may also occur in connection with the Services, and Client expressly assumes all risks associated with such conditions.

Except for the limited warranty expressly set forth above, Contractor disclaims all other warranties, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted by Washington law.

Client acknowledges that some regrowth is normal and expected. Any follow-up services, if offered, shall be at Contractor’s sole discretion and shall constitute Client’s exclusive remedy.

7. Limitation of Liability

Contractor is not liable for:

• Pre-existing property damage, erosion, or dock issues;
• Invasive weed regrowth or spread from roots, fragments, wind, currents, wildlife, or neighboring properties;
• Damage to docks, boats, lifts, or submerged structures, except to the extent caused by Contractor’s gross negligence or willful misconduct;
• Indirect, incidental, or consequential damages.

To the fullest extent permitted by Washington law, Contractor’s total liability arising out of or relating to this Agreement or the Services, for any cause whatsoever, shall not exceed the Total Price paid by Client.

Contractor maintains commercial general liability insurance and related coverage appropriate for the Services performed. Proof of insurance may be provided upon reasonable request. Nothing in this Agreement shall be construed to expand Contractor’s liability beyond the limitations set forth herein, and any insurance maintained by Contractor shall not be deemed to increase or modify such limitations.

8. Cancellation & Rescheduling

Client may cancel with full deposit refund if more than 7 days before scheduled Service. Contractor may reschedule due to weather, permitting, or equipment issues with no penalty. Contractor shall not be liable for any delay or failure to perform due to events beyond its reasonable control, including but not limited to weather conditions, regulatory delays, equipment failure, labor issues, or other unforeseen circumstances.

9. Governing Law; Misc.

This Agreement is governed and construed in accordance with the laws of the State of Washington. Any action arising out of or relating to this Agreement shall be brought exclusively in the Superior Court for the county in which the Property is located.  

The prevailing party in any action or proceeding arising out of or relating to this Agreement shall be entitled to recover its reasonable attorneys’ fees and costs, including those incurred before suit, at trial, on appeal, and in any enforcement or collection proceedings, to the fullest extent permitted by Washington law.

This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and assigns; provided, however, that Client may not assign this Agreement without Contractor’s prior written consent, which shall not be unreasonably withheld. This Agreement is for the sole benefit of the parties and does not create any rights in any third party.

10. Entire Agreement

This Agreement constitutes the full understanding between the parties. It may not be modified, nor may any of its terms be waived, except in a writing signed by both parties.