Deposits & Invoicing

Projects will be invoiced according to the invoice schedule listed on this proposal. Deposits are non-refundable after the 3-day customer right of rescission as provided under Pennsylvania's Home Improvement Consumer Protection Act (HICPA). Invoices are due at contracted draw points listed in this proposal. Late payments may delay project progress and TruScape reserves the right to suspend work on any project with an outstanding overdue balance until payment is received. Any overdue invoices are subject to a 1.5% interest penalty per month overdue. Failure to remit payment after an overdue invoice notice may result in referral to a collections agency or legal action. TruScape accepts credit cards, checks, and cash.

If your account becomes delinquent, you agree to pay all attorney and collection fees related to the collection of the amount owed, with interest. Complaints must be submitted in writing within 3 days of service completion and must include photographic documentation of the claimed issue. Failure to do so waives any claims, complaints, and demands relating to the work performed.

Commercial Accounts — Personal Guarantee & Additional Insured

If the customer is a business entity, corporation, LLC, partnership, or any other organization, the individual signing this agreement personally guarantees payment of all amounts owed to TruScape in the event the business entity fails to pay. This personal guarantee is unconditional and remains in effect for the duration of the project and any change orders or additions thereto. TruScape reserves the right to pursue the signing individual personally for any outstanding balance, collection costs, and attorney's fees if the business entity fails to satisfy its payment obligations.

Commercial customers who require TruScape to be named as an additional insured on their general liability policy, or who require TruScape to name the customer as an additional insured on TruScape's policy, must submit that request in writing prior to project commencement. Additional insured endorsements are subject to TruScape's insurer approval and may require additional lead time. TruScape will make reasonable efforts to accommodate additional insured requests but cannot guarantee compliance with customer insurance requirements that are not disclosed prior to proposal acceptance. Any costs associated with additional insured endorsements are the responsibility of the requesting party. For commercial customers invoiced on Net 30 terms, payment is due within 30 days of the invoice date. Accounts exceeding Net 30 terms are subject to the interest penalties and suspension rights described above.

Pennsylvania Home Improvement Consumer Protection Act (HICPA)

Landscape construction and installation services — including but not limited to hardscape installation, grading, drainage systems, retaining walls, outdoor lighting, concrete flatwork, and planting installation — constitute “home improvements” as defined under Pennsylvania's Home Improvement Consumer Protection Act (73 P.S. § 517.1 et seq.). This agreement is entered into in compliance with HICPA. As required by law, you have the right to cancel this agreement within 3 business days of signing without penalty. TruScape's Pennsylvania Home Improvement Contractor registration number is available upon request.

Nothing in this section should be construed as legal advice. If you have questions about your rights under Pennsylvania law, you are encouraged to consult a licensed Pennsylvania attorney.

Proposal Details

Each proposal includes 3 total versions (2 revisions), as indicated by the trailing number on the estimate identifier (e.g., “EST12345 3” indicates version 3 of estimate 12345). Any additional requested revisions beyond the included 2 are subject to a $65 administrative fee, invoiced and due before additional revisions are provided. The administrative fee will be credited toward your job balance upon acceptance of the proposal. Rejection of the proposal forfeits the administrative fee.

Proposals are valid for 30 days from the date listed on this document. Project scheduling is subject to change without notice. The project may begin at any time after the deposit has been received. Materials and labor quantities are estimates only and may vary depending on site conditions. Should additional labor or materials be necessary, they will be billed accordingly.

By accepting this proposal, you authorize TruScape LLC to perform the work as specified and give TruScape LLC and its employees permission to film and photograph work performed on your property for potential use in future marketing content.

Scope of Work and Change Orders

All work performed by TruScape is limited to the scope described in the accepted proposal and any subsequently approved written change orders. Field crew members are not authorized to agree to additional work, modifications, or exceptions to this agreement on behalf of TruScape. Any verbal request made to field staff for work outside the approved scope will not be performed and is not binding on TruScape. All scope changes must be submitted in writing to TruScape's office and are effective only upon written approval and issuance of a signed change order.

Any additional work requested by the customer requires a separately approved change order. Change order work will be billed according to the change order invoicing schedule. Change order work may or may not be completed parallel with the current project, at the contractor's sole discretion.

Utility Marking

TruScape will arrange required public utility markings (PA One Call) prior to the start of the project. The customer is responsible for marking all private utilities, including but not limited to invisible dog fences, private electrical runs, private water lines, irrigation systems, and any other privately owned underground infrastructure. TruScape is not responsible for damage to utilities that are not properly marked prior to work commencement. The customer will be solely responsible for all repair costs associated with damaged private utilities that were not disclosed or marked prior to work beginning.

Materials

All materials are purchased by TruScape using contractor-selected brands and suppliers to ensure quality and consistency. TruScape will not incorporate customer-purchased materials into any project. Any leftover materials upon project completion are the property of TruScape.

Due to manufacturing processes, color and texture variations are inherent and expected in hardscape and landscape materials and do not constitute a defect. The customer bears sole responsibility for approving all materials before installation begins. TruScape will make reasonable efforts to present materials for customer review prior to installation. If the customer is not present at the time of delivery or installation commencement, TruScape will proceed with the approved proposal materials and the customer will be deemed to have waived their right to reject those materials.

Material rejection must be communicated to TruScape in writing before depalletizing or installation begins. Once any material has been depalletized, cut, placed, or installed in any capacity, the customer's right to reject that material is forfeited and no credit, refund, or replacement will be issued on the basis of aesthetic preference, color variation, or texture. Material rejection on the basis of damage or manufacturer defect must be documented with photographs submitted to TruScape in writing at the time of delivery and before installation begins.

TruScape orders project materials upon receipt of the deposit. Any material changes requested after proposal approval may require the customer to pay restocking fees or, in some cases, the full cost of originally ordered materials. Restocking fees and material replacement costs are the sole responsibility of the customer. TruScape is not responsible for manufacturer lead times, material availability, or color discontinuation after a proposal has been accepted. Customer approval of this proposal constitutes acknowledgment and acceptance of the inherent variation characteristics of the specified materials.

Existing Property and Site Conditions

Construction and landscape installation work involves the use of heavy equipment, machinery, and materials that may cause incidental damage to existing site features, including but not limited to driveways, sidewalks, curbs, lawn areas, mulch beds, irrigation systems, existing hardscape, fencing, and other structures. Some degree of incidental impact to existing site features is an inherent and expected consequence of construction activity. TruScape is not liable for incidental damage to existing site features that is reasonably attributable to the normal execution of the approved scope of work, including but not limited to cracking, chipping, or surface scuffing of existing hardscape caused by equipment operation, material staging, or heavy material placement.

Prior to work commencement, the customer is responsible for notifying TruScape in writing of any existing site features that are fragile, of particular value, or that the customer wishes to have specifically protected. TruScape will make reasonable efforts to accommodate those requests but cannot guarantee that existing site features will remain undamaged during the course of construction. TruScape strongly recommends that customers document the pre-existing condition of driveways, sidewalks, curbs, and other hardscape surfaces with dated photographs before work begins. Failure to provide pre-existing condition documentation may limit the customer's ability to substantiate damage claims.

TruScape will document site conditions with photographs prior to mobilization where practical. Any damage claim must be submitted in writing with photographic evidence within 3 days of the alleged damage occurring. Claims submitted after this window or without photographic documentation will be waived. TruScape reserves the right to inspect any claimed damage before agreeing to remediation. Where TruScape determines that damage resulted from its own gross negligence rather than normal construction activity, TruScape will make reasonable efforts to remediate the affected area, which may include patching, resurfacing, or a credit toward repair costs at TruScape's discretion. TruScape's liability for any such damage shall not exceed the lesser of the actual repair cost or the total amount paid by the customer for the scope of work that caused the damage.

Existing site features that are in deteriorated, aged, or compromised condition prior to work commencement are at elevated risk of incidental damage during construction. TruScape is not liable for damage to pre-existing deteriorated features, including but not limited to cracked, spalled, or structurally compromised concrete, asphalt, or masonry. The customer's acceptance of this proposal acknowledges that TruScape has made no representations regarding the preservation of existing site features beyond what is explicitly stated in the approved scope of work.

Extras & Unforeseen Conditions

Should TruScape encounter difficult conditions or obstacles upon excavation or during the course of work — including but not limited to buried debris, rock, unsuitable soils, unmarked utilities, or unexpected drainage issues — these conditions may require additional labor, equipment, materials, or disposal costs, which will be billed on a time-and-material basis and added to the final invoice. TruScape will make reasonable efforts to notify the customer of unforeseen conditions before proceeding with additional work where practical.

Exclusions

The following items are expressly excluded from this agreement unless specifically listed in the accepted proposal scope:

• Electrical work, which must be performed by a licensed electrician and is always additional to this contract.
• Damage to existing irrigation lines during construction, which is considered an additional cost.
• Drainage engineering: should the customer's property be the lowest elevation relative to surrounding properties or buildings, TruScape reserves the right to retain a licensed soil engineer to evaluate and propose drainage solutions. All engineering and drainage work costs are at the customer's expense. This clause may apply unless the customer provides a detailed topographical survey prior to project commencement.
• Painting and staining of any surfaces.
• Conduit and connections for electrical, gas, and all other utilities and services.
• Site unknowns, including but not limited to sub-surface conditions or obstacles that create unforeseen labor, equipment, material, or disposal charges.
• Soil settling: on projects where significant amounts of soil are imported, natural settling may occur over time after project completion and demobilization. TruScape is not responsible for topsoil settling after work has been completed.

Subcontractors

TruScape may engage licensed and insured subcontractors to perform certain portions of work under this agreement, including but not limited to electrical, engineering, or specialty trade work. TruScape will exercise reasonable care in the selection of subcontractors but is not liable for the independent acts, omissions, or negligence of subcontractors beyond the same limitation of liability that applies to TruScape's own work. The use of subcontractors does not alter the terms of this agreement or create any direct contractual relationship between the customer and the subcontractor.

Third-Party Service Coordination

If other contractors or service providers are performing work on the property simultaneously or in close proximity to TruScape's scheduled work, the customer must notify TruScape in advance. TruScape is not liable for damage, interference, delays, or additional costs caused by or attributable to the work of other vendors. If third-party activity prevents TruScape from safely or efficiently continuing scheduled work, TruScape reserves the right to demobilize and reschedule at the customer's expense.

Insurance

TruScape maintains general liability insurance, workers' compensation, and vehicle insurance as required by the Commonwealth of Pennsylvania. Certificates of insurance are available upon written request. TruScape's workers' compensation coverage applies to TruScape employees and does not extend to the customer or their property beyond what is covered under TruScape's general liability policy. TruScape is not responsible for injuries to third parties on the customer's property unrelated to TruScape's operations.

Indemnification

The customer agrees to indemnify, defend, and hold harmless TruScape, its owners, employees, agents, and subcontractors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or resulting from: (a) the customer's failure to disclose known site hazards, buried infrastructure, or property conditions; (b) the customer's own negligence or willful misconduct; (c) third-party claims arising from conditions on the customer's property unrelated to TruScape's operations; or (d) the customer's failure to obtain required permits, HOA approvals, or governing authority approvals prior to work commencement.

TruScape agrees to indemnify and hold harmless the customer from claims arising directly from TruScape's own gross negligence or willful misconduct in the performance of work under this agreement.

Permits

Where required by local ordinance, TruScape will obtain standard construction permits on the customer's behalf as part of the project scope. Permit fees are the responsibility of the customer and will be billed accordingly. The customer is responsible for notifying TruScape of any HOA restrictions, deed covenants, or special permit requirements specific to their property prior to project commencement. TruScape is not liable for project delays, modification costs, or removal costs resulting from the customer's failure to disclose applicable restrictions or obtain required approvals.

Warranty

Plant Material: Landscape plants are warranted for one year from the date of project completion, provided plant material has been properly maintained and has not been subject to unforeseen circumstances including but not limited to drought, flooding, pest activity, disease, customer neglect, or acts of nature. The warranty covers one replacement of the original plant species. Substitutions or changes to original plant material for warranty purposes may incur additional charges. Lawn seeding is not warranted due to factors outside TruScape's control, including weather, customer watering practices, foot traffic, and disturbance. TruScape makes every effort to prepare the site for successful establishment.

Hardscape Craftsmanship: Hardscape installation is warranted for 3 years from the date of project completion. This warranty covers craftsmanship only and does not cover patio sand erosion, polymeric sand performance, manufacturer defects, or damage caused by settling, frost heave, tree roots, or other natural conditions. All paver installations include polymeric sand to help minimize erosion and weed growth. Material warranties are the responsibility of the respective manufacturers.

Warranty Exclusions: All warranties are void if the customer or a third party performs unauthorized modifications, repairs, or alterations to the completed work. Warranties do not cover damage resulting from misuse, neglect, improper maintenance, or acts of nature.

Force Majeure

TruScape shall not be liable for any delay, interruption, or failure to perform work under this agreement resulting from causes beyond TruScape's reasonable control, including but not limited to acts of God, fire, flood, severe weather, drought, pandemic or public health emergency, governmental orders or restrictions, supply chain disruptions, material shortages, labor shortages, or civil unrest. In the event of a force majeure condition, TruScape will make reasonable efforts to notify the customer and resume work as quickly as practicable. Project timelines affected by force majeure events will be extended by a reasonable period without penalty to either party.

Fuel & Material Surcharge

TruScape reserves the right to apply a surcharge on open or in-progress projects in the event that average retail fuel prices or material costs in Pennsylvania rise significantly above baseline levels at the time this agreement was executed. Any surcharge will be communicated in writing prior to being applied and will be clearly itemized on the relevant invoice. TruScape will make reasonable efforts to absorb minor cost fluctuations; surcharges will only be applied in the event of significant and sustained market changes.

Customer Portal

Portal access instructions are available at bit.ly/TruScapePortal. Portal invites expire in 48 hours — if your invite has expired, contact us for a new one. The portal allows you to view job site photos, request new work, manage estimates, view and pay invoices, set up auto-charge, communicate with our team, and view scheduled services.

Limitation of Liability

TruScape's total liability to the customer for any claim arising out of or relating to work performed shall not exceed the total amount paid by the customer for the specific scope of work giving rise to the claim. TruScape is not liable for indirect, incidental, consequential, or punitive damages of any kind, including but not limited to lost use of property, loss of enjoyment, lost business revenue, or costs arising from project delays beyond TruScape's reasonable control.

Severability

If any provision of this agreement is found to be invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible.

Dispute Resolution

Any dispute arising out of or relating to this agreement that cannot be resolved informally shall be submitted to binding arbitration in Westmoreland County, Pennsylvania, in accordance with the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorney's fees and costs. This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.