Terms and Conditions

Thank you for choosing Deer Guys, a Thrive Brands, LLC company! The following terms and conditions, together with the terms, prices, and specifications outlined on your estimate, proposal, and/or services agreement and Datasheet, if applicable for your state, constitute your entire agreement with Thrive Brands, LLC DBA Deer Guys, and all related DBAs (collectively referred to as "Deer Guys") ("Agreement").
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Performance by Deer Guys
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Our programs are designed to manage and not eradicate deer browsing and related plant damage, depending on your program's specifications. Horticulturally tolerable levels of deer browse may still be present after treatments. Heavy deer pressure or epidemic conditions may require additional visits at additional cost to you, pending your approval. Remeasurement of your property or plant material may also be required if there is a discrepancy between the original estimate and the actual square footage, plant count, or product(s) required. You will be notified of any price adjustments for future services.
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Applications and/or treatments will be performed at the job site unannounced unless otherwise noted herein. The Datasheet, where applicable, provides approximate and alternate dates of our service. Deer Guys shall not be liable for damage or losses due to delays for weather or causes beyond our control, or for failure to observe precaution notices. By accepting this Agreement and engaging our services, you accept that every day during the Agreement's term is a day on which applications may be applied, and you are continuously on notice that Deer Guys will perform applications on any day during the term of this Agreement if any other day becomes unnecessary or infeasible for performance (due to weather, scheduling conflicts, or deer activity cycles), in which case you waive Deer Guys' performance on such a day. Absent extraordinary circumstances, you request that Deer Guys not further contact you concerning dates of application as such further contact would be a burden to you.
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The following provision applies to New York and Minnesota clients only: The term of this Agreement shall be for twenty years from the date it is signed by you; however, this Agreement may be terminated without penalty at any time by either party. Minnesota clients are required to cancel this Agreement upon sale of property serviced with this Agreement.
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Workmanship
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All work is performed in a professional manner by experienced personnel outfitted with the appropriate tools and equipment to complete the job properly. Our work meets and exceeds the guidelines and standards set forth by ANSI (the American National Standards Institute).

You have a duty to inspect your property within fifteen (15) calendar days of service and provide written notice within that time of alleged damage of any nature. If written notice is not provided within that time, you agree that any claims alleging damage of any nature and/or rights to withhold future payments under this Agreement are waived.
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No Warranties
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Except as expressly set forth in this Agreement, no representations, warranties, or guarantees, express or implied, are intended with regard to products used or services performed.
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Insurance
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Deer Guys is insured for liability resulting from injury to persons or negligent damage to property, and all its employees are covered by Workers' Compensation Insurance. A certificate of insurance is available upon request.
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Ownership
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By accepting this Agreement and engaging our services, you warrant that all plant material and property on which work is to be performed are either owned by you or that permission for the work has been obtained from the owner by you. It is further agreed that the property owner or representative shall be responsible for obtaining any and all permits which may be required by local authorities. You hereby agree to defend, indemnify, and hold Deer Guys harmless from all claims for damages resulting from your failure to obtain such permits and/or your failure to obtain proper permissions for Deer Guys to perform our services.
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Terms of Payments
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The total cost estimates within this Agreement are valid for 60 days unless otherwise noted. Deer Guys may apply a fuel and transportation surcharge to services performed under this Agreement, provided that notice of such surcharge is given to you in the applicable proposal, estimate, renewal notice, service notification, or invoice issued before the affected service is performed or charged. Clients have the option to prepay their program (provides the most cost savings with prepay discount); have a credit card on file, which will be charged upon completion of the services; ACH payment, which is an automatic debit; monthly invoices with autopay (where applicable); or be invoiced when services are rendered. All invoices are payable upon receipt. A finance charge at the maximum rate allowed under applicable state law will be added to invoices after 30 days. Your next service may not be performed if your account is past due. Past due balances void any guarantees and/or warranties. If outside assistance is used to collect the account, you are responsible for all costs associated with the collection, including, but not limited to, reasonable attorneys' fees and court costs. Sales tax, if applicable, will be added to the amounts of this Agreement per your local and state tax jurisdiction. Should any terms of this Agreement be amended, subsequent payment for our services shall constitute your written acceptance thereof.
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The following provision applies to New York clients only: By accepting this Agreement and engaging our services, you accept that the annual program total cost shall increase on January 1st of each year of this Agreement by the annual increase in the CPI (CPI-U) published on www.bls.gov for twelve months ending September 30, unless otherwise agreed, with a minimum annual increase of 1%. Further, you hereby acknowledge that you have received notice of and understand the total cost of Deer Guys' services.
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Concealed Contingencies
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You agree to pay Deer Guys on a time and materials basis for any additional work required to complete the job occasioned by concrete or other foreign matter; stinging insect nests in trees, shrubs, or branches; rock, pipe, or underground utilities encountered in excavations; and work not described within this Agreement, or any other condition not apparent in estimating the work specified. You are responsible for advising Deer Guys regarding the location of underground utilities in the area where work is to be done, including, but not limited to, notifying the proper authorities and marking underground utilities and/or any concealed object. Deer Guys shall not be responsible for damage to such utilities or concealed objects. Furthermore, Deer Guys shall not be required to perform any services under this Agreement in the event Deer Guys deems the conditions are such that its services cannot be safely performed and/or performance becomes impractical.
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State Notification Requirements
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Certain states require that specific product information be submitted to you. If required, attached to this Agreement is our Datasheet, which provides such information. You have the right to receive specific date pre-notification for certain applications in certain states. Your written authorization on the Authorization Page of this Agreement waives any pre-notification requirement unless noted otherwise. In New York State, the property owner or owner's agent may request the specific date or dates of the application(s) to be provided and, if so requested, the pesticide applicator or business must inform of the specific dates and include that date or dates in the contract. In Wisconsin: Upon request, any of the following will be provided prior to a pesticide application: brand, product, or common chemical name and a copy of the label of each pesticide that may be applied; date of application (may be provided orally, if you agree); and the name, business address, and telephone number for more information about the application.
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Limit of Liability
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Deer Guys' total liability for any losses, damages, and expenses of any type whatsoever incurred by you or any of your guests, tenants, or invitees in connection with or resulting from Deer Guys' services under this Agreement ("Losses"), which are caused by wrongful acts or omissions of Deer Guys, shall be limited solely to proven direct and actual damages in an aggregate amount not to exceed the amounts actually paid to Deer Guys hereunder. In no event will Deer Guys be liable for special, indirect, incidental, or consequential damages, irrespective of the form or cause of action, in contract, tort, or otherwise, whether or not the possibility of such damages has been disclosed to Deer Guys in advance or could have reasonably been foreseen by Deer Guys.
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Force Majeure
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Deer Guys shall not be liable for any failure to perform its obligations under this Agreement if such failure is caused by acts of God, earthquake, war, attack, strikes, revolutions, lack or failure of transportation facilities, laws, or governmental regulations, or other causes that are beyond the reasonable control of such party.
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Arbitration
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Any dispute, controversy, or claim arising out of or relating to this Agreement or the breach thereof, the work performed by Deer Guys for you, and/or any commission or omission by Deer Guys, shall be submitted to and determined by arbitration before a single arbitrator pursuant to the Commercial Rules of the American Arbitration Association. The arbitration shall be held at the American Arbitration Association office closest to the site at which Deer Guys performed the underlying services for you. The arbitration award shall be final and binding. Judgment on the award may be entered in any court having competent jurisdiction thereof.
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SMS / Text Message Communications
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By providing your mobile phone number to Thrive Brands, LLC or any of its subsidiary brands (including but not limited to Deer Guys, Keepers of the Green, Teed & Brown, Rockingham Turf Care, and other affiliated lawn, landscape, and outdoor services companies), and by checking the SMS consent box on our online forms, signing a service agreement that contains SMS opt-in language, or texting one of our opt-in keywords to a number we publish, you agree to receive recurring text messages from us at the number you provided.
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Program name: Thrive Brands SMS Program
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Program description: Thrive Brands and its subsidiary brands send text messages for appointment confirmations, pre-service and post-service notifications, weather-related rescheduling, billing and payment reminders, customer service responses, and occasional promotional and seasonal renewal offers.
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Message frequency: Up to 10 messages per month per brand, depending on the services you receive and your communication preferences. Frequency may vary.
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Message and data rates: Message and data rates may apply. Charges are billed by and payable to your mobile carrier. Thrive Brands is not responsible for any carrier charges incurred.
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Carrier disclaimer: Carriers are not liable for delayed or undelivered messages.
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Support: For help with the SMS program, reply HELP to any message you receive from us, or email help@thedeerguys.com.
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Opt-out: You can cancel the SMS service at any time by replying STOP to any message you receive from us. After you reply STOP, we will send you a confirmation message and will not send you any additional messages unless you opt in again. If you experience issues, you can also contact us at help@thedeerguys.com.
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Privacy: We will not share, sell, or transfer your mobile phone number or SMS opt-in status to any third party for their marketing purposes. Phone numbers collected for SMS communications are used solely to deliver the messages described in this program. For full details on how we handle your information, see our Privacy Policy.
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Eligibility: The SMS program is available to customers and prospects in the United States who are 18 years of age or older. By opting in, you represent that you are the account holder for the mobile number provided or have permission from the account holder to opt in.

Changes to terms: Thrive Brands reserves the right to modify or terminate the SMS program at any time. We will provide notice of material changes through the program or by posting an updated version of these terms on this page.
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Your Satisfaction Is Important
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Should our service fall short of your expectations, please contact us immediately and we will do everything we can to make it right.

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