Terms of Service

These Terms of Service (“Terms”) govern the provision of garden and related services by Maple Bloom Garden Studio (“Maple Bloom Garden Studio,” “we,” “us,” or “our”) to clients (“you” or “Client”). By requesting, booking, or receiving any services from Maple Bloom Garden Studio, you agree to be bound by these Terms. If you do not agree, you must not use our services.

1. Introduction and Acceptance of Terms

Maple Bloom Garden Studio provides professional garden services in Vancouver, British Columbia, and surrounding areas, subject to availability and these Terms. These Terms form a binding agreement between you and Maple Bloom Garden Studio once you:

• request a quote or consultation;
• approve a proposal, estimate, or work order;
• schedule or permit services to begin; or
• otherwise indicate acceptance in writing, electronically, or by conduct.

We may require a separate written service agreement, estimate, or statement of work for certain projects. If there is any conflict between those project-specific documents and these Terms, the project-specific document will prevail only to the extent of the conflict.

2. Scope of Services

Maple Bloom Garden Studio may provide one or more of the following services, depending on the project scope and site conditions:

• Garden design and planting plans;
• Seasonal garden maintenance;
• Lawn care and edging;
• Tree, shrub, and perennial installation;
• Mulching and soil improvement;
• Irrigation system checks and adjustments;
• Spring and fall clean-up.

All services are provided based on the information available at the time of quoting and may be affected by weather, site access, soil conditions, plant availability, municipal restrictions, and other factors outside our control. Unless expressly stated in writing, our services do not include:

• structural landscaping, hardscaping, or construction work;
• electrical, plumbing, or irrigation system installation requiring a licensed trade;
• pest control, arborist, or tree removal services;
• permits, inspections, or regulatory approvals;
• ongoing plant survival guarantees.

Any changes to the agreed scope must be approved by both parties and may result in additional charges and revised timelines.

3. User Obligations and Responsibilities

You agree to:

• provide accurate, complete, and timely information about the property, access, utilities, irrigation, pets, hazards, and known site issues;
• ensure that we have safe and reasonable access to the work area during scheduled service times;
• obtain any required permissions from landlords, strata corporations, co-owners, tenants, or other interested parties;
• identify underground utilities, irrigation lines, hidden obstacles, fragile structures, and any areas requiring special care;
• remove or secure valuables, personal items, and hazardous materials from the work area;
• keep pets, children, and unauthorized persons away from the service area during work;
• notify us promptly of any concerns, defects, or damage discovered after service;
• pay all invoices in accordance with the agreed payment terms.

You acknowledge that gardening work may disturb soil, plants, mulch, and surrounding surfaces, and that natural variation in plant appearance, growth, and performance is normal. You are responsible for watering, maintenance, and care after completion unless otherwise agreed in writing.

4. Payment Terms and Conditions

Fees will be set out in our estimate, proposal, invoice, or other written agreement. Unless otherwise stated:

• estimates are valid for the period stated in the estimate or, if no period is stated, for 30 days;
• prices may change if the scope changes, site conditions differ materially from what was disclosed, or additional work is requested;
• taxes, including applicable GST and other required taxes, will be added where applicable;
• materials, plants, disposal fees, delivery charges, and subcontractor costs may be billed separately;
• payment is due upon completion of services or upon receipt of invoice, unless a different schedule is agreed in writing;
• we may require a deposit or progress payment for larger projects or special-order materials.

If payment is late, we may charge interest at the maximum rate permitted by applicable law, or if no rate is specified, a reasonable administrative late fee where permitted. You are responsible for all collection costs, including reasonable legal and administrative costs, to the extent permitted by law.

We may suspend or refuse further services if any invoice remains unpaid.

5. Cancellation and Refund Policy

You may cancel or reschedule a service by providing reasonable notice. Unless otherwise agreed in writing:

• cancellations made with at least 48 hours’ notice before the scheduled service time may not incur a cancellation fee;
• cancellations made with less than 48 hours’ notice may be subject to a cancellation fee to cover lost time, labour, and preparation costs;
• special-order plants, materials, or custom design work may be non-refundable once ordered or commenced;
• if we arrive on site and cannot complete the work due to lack of access, unsafe conditions, or Client-related delays, a service call fee or minimum charge may apply.

Refunds, if any, are issued only for amounts actually paid and only for services not yet performed, less any non-recoverable costs already incurred. Completed services are generally non-refundable. Any refund request must be made in writing within a reasonable time after the relevant service date.

6. Liability Limitations

To the fullest extent permitted by applicable law, Maple Bloom Garden Studio shall not be liable for:

• indirect, incidental, special, consequential, exemplary, or punitive damages;
• loss of profits, loss of enjoyment, loss of use, or loss of business;
• damage caused by pre-existing site conditions, hidden defects, underground utilities, pests, disease, weather events, drought, flooding, frost, wildlife, vandalism, or third-party acts;
• plant failure due to improper watering, maintenance, soil conditions, disease, transplant shock, seasonal variation, or factors beyond our control;
• damage arising from inaccurate information provided by the Client or failure to disclose hazards or restrictions.

Where liability cannot be excluded by law, Maple Bloom Garden Studio’s total aggregate liability for any claim arising out of or relating to the services shall be limited to the amount paid by you for the specific service giving rise to the claim, or the minimum amount required by law, whichever is greater.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence, wilful misconduct, or other liability that cannot lawfully be excluded.

7. Intellectual Property Rights

Unless otherwise agreed in writing, all garden design concepts, planting plans, sketches, layouts, notes, documents, photographs, and other creative materials prepared by Maple Bloom Garden Studio remain our intellectual property until full payment is received. Upon full payment, you receive a non-exclusive, non-transferable licence to use the deliverables for the property and project for which they were created.

You may not reproduce, resell, publish, or use our designs or materials for another property or commercial purpose without our prior written consent. We may retain copies of design materials and project records for our business, legal, and archival purposes.

We may photograph completed or in-progress work for portfolio, marketing, and record-keeping purposes, provided that we do so in a manner consistent with applicable privacy laws and any reasonable confidentiality request made by you in writing.

8. Data Protection and Privacy

Maple Bloom Garden Studio collects, uses, and discloses personal information only as reasonably necessary to provide services, manage client relationships, process payments, maintain records, comply with legal obligations, and communicate with you. We handle personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy requirements.

Personal information may include your name, address, contact details, billing information, service preferences, property access details, and communications with us. We may share personal information with trusted service providers, such as payment processors, bookkeeping services, or subcontractors, only as needed to perform services or operate our business.

We take reasonable administrative, technical, and physical safeguards to protect personal information. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.

By using our services, you consent to the collection, use, and disclosure of your personal information as described in these Terms and in any applicable privacy notice we may provide. If you have questions about privacy or wish to access or correct your information, contact us using the details below.

9. Force Majeure

Maple Bloom Garden Studio will not be liable for any delay or failure to perform caused by events beyond our reasonable control, including but not limited to severe weather, wildfire, flood, ice, power outages, labour disruptions, supply shortages, transportation interruptions, government orders, public health emergencies, acts of God, or other force majeure events.

If a force majeure event occurs, we may suspend, reschedule, or modify services without liability. We will make reasonable efforts to notify you and resume performance as soon as practicable.

10. Changes to Terms

We may update or revise these Terms from time to time to reflect changes in our services, business practices, or applicable law. The updated Terms will be effective when posted, communicated, or otherwise made available to you, unless a later effective date is stated.

Your continued use of our services after the effective date of revised Terms constitutes acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using our services and, if applicable, cancel any future bookings in accordance with these Terms.

11. Applicable Law and Jurisdiction

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

You agree that any dispute arising out of or relating to these Terms or our services shall be brought exclusively in the courts located in Vancouver, British Columbia, unless the parties agree to another dispute resolution process in writing or applicable law requires otherwise.

12. Contact Information

If you have questions, concerns, or notices regarding these Terms or our services, please contact:

• Maple Bloom Garden Studio
• Address: 2140 West 4th Avenue, Vancouver, BC V6K 1N6, Canada
• Email: [email protected]
• Phone: +1 (604) 782-9463

13. Severability Clause

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. If a provision is unenforceable only in part, it shall be enforced to the maximum extent permitted by law.

By engaging Maple Bloom Garden Studio, you acknowledge that you have read, understood, and agreed to these Terms of Service.