Terms and Conditions

Last updated:  January 1, 2024

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS REGARDING THE REMEDIES AVAILABLE TO CLIENT IN THE EVENT OF A DISPUTE BETWEEN CLIENT AND BOG. PLEASE REFER TO THE SECTION ENTITLED “CLASS ACTION WAIVER.”

BOG RESERVES THE RIGHT TO AMEND THE PROVISIONS OF THIS AGREEMENT. CLIENT IS ADVISED TO REGULARLY REVIEW OUR WEBSITE, AND THE PROVISIONS OF THIS AGREEMENT, THROUGHOUT THE CLIENT/BOG SERVICE RELATIONSHIP.

The following terms and conditions (the “Terms”) set forth herein apply to all Blades of Green, Inc., B.O.G. Pest Control, LLC, and B.O.G. Pest Control (referred to herein collectively as “BOG,” “We,” or “Our”) services. If you (referred to herein as “Client,” “You,” or “Your”) enter into an agreement for services with BOG (a “Service Agreement”), and a conflict exists between Your Service Agreement and these Terms, the Service Agreement will preempt these Terms to the extent necessary to resolve the conflict.

1. Client Acknowledgement.

Client hereby acknowledges that: (a) Client is 18 years of age or older and is, or has express permission from, the property owner to enter into a Service Agreement for lawn, tree, pest, and other services; and (b) Client has read and fully understands the following terms and conditions and agrees to be legally bound by the same; (c) the following terms and conditions are incorporated into the provisions of Client’s Service Agreement with BOG for lawn, tree, pest, and other services as if fully set forth therein; and (d) these terms and conditions are a material inducement for BOG’s agreement to enter into a Service Agreement with Client for lawn, tree, pest, and other services.

2. General Provisions.

These terms and conditions, together with Our privacy policy, any supplemental terms, conditions, or rules posted to a specific area of Our website https://www.bladesofgreen.com/ or https://bogpestcontrol.com/ (“Site”) set forth the legally binding terms governing BOG services (“Terms”).

By entering Our Site, You acknowledge and agree to all terms, conditions, and rules stated therein and in these Terms. You are not permitted to use Our Site if You do not agree to be legally bound by these Terms. Please read these Terms carefully.

3.  Continuous Service/Automatic Renewal. To optimize the effectiveness of the services provided, Client’s plan shall continue from year to year without any action on Client’s part. This includes any services purchased initially or added later. Remember, Client’s plan will continue unless Client contacts BOG at 410-421-7862 to cancel. Client or BOG may cancel service at any time, subject to Client’s obligation to pay for all services provided prior to such cancellation. Such obligation shall survive cancellation

4. Payment Options/Costs of Services/Billing.

Except as otherwise set forth herein, billing for each lawn, tree, pest, or miscellaneous service (and applicable fuel surcharges) will occur after service is rendered with payment due upon receipt of invoice. Commencing January 31, 2020, all new Client’s must enroll in the BOG Budget Billing, Auto-Pay program, or prepay for their annual lawn care service plan. The cost of individual services in a Client’s plan may vary from year-to-year. Costs will vary year-to-year based, in part, on the cost of service-related products. BOG reserves the right without prior notification to the Client to increase the service price annually up to 10% per year. For any increase above 10% in a given year, the Client will be notified in writing at least thirty (30) days in advance of the cost increase. For the current season BOG anticipates an average price increase of 6%. Contact the office for more information.

Current year discounts or promotions may not apply in subsequent years. Any credits, discounts, or promotions offered by BOG shall only be applied to eligible BOG services and are not redeemable by the Client for cash or transferrable 

•       Budget Billing (Prior to January 1, 2023)

For Clients enrolled in our monthly payment plan (“Budget Billing”) prior to January 1, 2023 the plan works as follows:

The monthly payment represents the annual, total cost, divided by twelve (12).  The Budget Billing payments do not directly reflect the per application or per visit charge.

If Client modifies their services/programs, the Budget Billing payment will be modified to reflect the cost of such modification. If Client cancels their services/programs, BOG will reconcile the costs of services/programs incurred as of the date of cancellation and either: (a) a refund will be issued to Client for overpayments; or (b) provide a verbal notification of the final amount due, with payment via a debit/credit card account or bank account (“ACH”) to follow such notification. For example, if you receive Our aeration and seeding service in October this year and August the next year, you would have received the same service within 10 months causing a balance due, should you choose to cancel or modify Your services.  Timing of Our applications/visits are dependent on seasonal changes, which makes completing all applications/visits in the same month every year unlikely.

To cancel Your Budget Billing enrollment, Client must call BOG at 410-421-7862. Client agrees that BOG may contact Client via telephone, text, or email and further agrees to promptly notify BOG of any changes or updates to Client’s credit card information.

Client further agrees to promptly notify BOG in the event of any billing errors so that BOG may timely address the matter. If Client’s payment is rejected, refused, returned, disputed, or reversed by Client’s financial institution or card issuer for any reason, BOG shall have the right to immediately terminate its service relationship with Client.

BOG reserves the right to terminate Client’s Budget Billing enrollment at any time.

Client is responsible for verifying whether any additional charges will be applied by Client’s credit card issuer and agrees to be bound by any rules that Client’s financial institution requires for pre-authorized credit card transactions. Client is responsible for all fees charged by Your financial institution associated with this pre-authorized payment option.

BOG reserves the right to revise the terms of Budget Billing enrollment from time to time and will provide notice of any such changes by posting revisions on the BOG website, which shall be deemed effective at the time of posting. If Client does not agree with any such revisions, Client must terminate Client’s Budget Billing enrollment immediately. Client’s continued use of Budget Billing enrollment constitutes Client’s agreement with these Terms, as amended. CLIENT IS ADVISED TO REGULARLY REVIEW OUR WEBSITE, AND THE PROVISIONS OF THESE TERMS, THROUGHOUT THE CLIENT/BOG SERVICE RELATIONSHIP.

•       Installment Plan (January 1, 2023 to present)

For Clients enrolled in Our monthly payment plan (“Installment Plan”) after January 1, 2023 the plan works as follows:

The monthly payment represents the remaining service for that year divided by the total months remaining in that year. The Installment payments do not directly reflect the per application or per visit charge.  The Installment plan is designed to have a zero balance by the end of that service year.

If Client modifies their services/programs, the Installment Plan payment will be modified to reflect the cost of such modification. If Client cancels their services/programs, BOG will reconcile the costs of services/programs incurred as of the date of cancellation and either: (a) a refund will be issued to Client for overpayments; or (b) provide a verbal notification of the final amount due, with payment via a debit/credit card account or bank account (“ACH”) to follow such notification.

To cancel Your Installment Plan enrollment, Client must call BOG at 410-421-7862. Client agrees that BOG may contact Client via telephone, text, or email and further agrees to promptly notify BOG of any changes or updates to Client’s credit card information.

Client further agrees to promptly notify BOG in the event of any billing errors so that BOG may timely address the matter. If Client’s payment is rejected, refused, returned, disputed, or reversed by Client’s financial institution or card issuer for any reason, BOG shall have the right to immediately terminate its service relationship with Client.

BOG reserves the right to terminate Client’s Installment Plan enrollment at any time.

Client is responsible for verifying whether any additional charges will be applied by Client’s credit card issuer and agrees to be bound by any rules that Client’s financial institution requires for pre-authorized credit card transactions. Client is responsible for all fees charged by Your financial institution associated with this pre-authorized payment option.

BOG reserves the right to revise the terms of Installment Plan from time to time and will provide notice of any such changes by posting revisions on the BOG website, which shall be deemed effective at the time of posting. If Client does not agree with any such revisions, Client must terminate Client’s Installment Plan enrollment immediately. Client’s continued use of Installment Plan  enrollment constitutes Client’s agreement with these Terms, as amended. CLIENT IS ADVISED TO REGULARLY REVIEW OUR WEBSITE, AND THE PROVISIONS OF THESE TERMS, THROUGHOUT THE CLIENT/BOG SERVICE RELATIONSHIP.

•       Auto-Pay Enrollment.

Client’s enrollment in the BOG automatic payment (“Auto-Pay”) option constitutes Client’s agreement to these Terms, which shall be deemed a binding part of Client’s agreement to receive and pay for services provided by BOG. Please read these provisions carefully and contact us immediately in the event that You wish to cancel Your Auto-Pay enrollment.

Client agrees to pay for all services provided and authorizes BOG to initiate electronic payment transactions from the debit/credit card account or bank account (“ACH”) that Client has provided to BOG. Client’s consent applies to all invoices issued by BOG for all services provided at any time, including invoices for services that automatically renew each year. All payments will be automatically withdrawn from Client’s specified credit card account or ACH account on the date BOG provides the service, unless Client terminates the above authorization in the manner described herein.

Client understands and agrees that BOG shall automatically charge Client’s debit/credit card account or bank account (“ACH”), as applicable, for the total amount due on Client’s account. The charge or debit shall be initiated by BOG as required without further notice to Client. BOG SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND OR NATURE THAT CLIENT MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH CLIENT’S ACCOUNT IS DEBITED OR CLIENT’S CREDIT CARD OR BANK ACCOUNT IS CHARGED.

Client is responsible for verifying whether any additional charges will be applied by Client’s credit card issuer and agrees to be bound by any rules that Client’s financial institution requires for pre-authorized credit card transactions. Client is responsible for all fees charged by Your financial institution associated with Your Auto-Pay enrollment.

BOG reserves the right to revise the terms of Auto-Pay enrollment from time to time and will provide notice of any such changes by posting revisions on the BOG website, which shall be deemed effective at the time of posting. If Client does not agree with any such revisions, Client must terminate the Auto-Pay enrollment immediately. Client’s continued use of the Auto-Pay enrollment constitutes Client’s agreement with these Terms, as amended. CLIENT IS ADVISED TO REGULARLY REVIEW OUR WEBSITE, AND THE PROVISIONS OF THESE TERMS, THROUGHOUT THE CLIENT/BOG SERVICE RELATIONSHIP.

•  Pre-Payment Agreement. If You elect to prepay for some or all of Your BOG services, You acknowledge and agree that depletion of Your prepaid funds is not an automatic cancellation of Your account and services, including those containing the application of service-related products, which will continue after Your prepaid funds are depleted, unless You contact us to cancel Your account. If Your prepaid funds are depleted, Client hereby authorizes BOG to convert Your account to the BOG Auto-Pay option, discussed above, using the same debit/credit card or bank account (“ACH”) used for Your prepayment and to charge Your debit/credit card or bank account (“ACH”) for the cost of each service after it is performed.

•  Check Processing Policy (ACH). Payment by check constitutes Client’s authorization to use information from Client’s check to make an electronic fund transfer (or for Budget Billing or Auto-Pay purposes, as the case may be). If We use information from Client’s check to make an electronic fund transfer, funds may be withdrawn from Client’s account as soon as the same day the service is performed. Client will not receive a copy of the check back from Client’s financial institution. If any check, draft, credit card, or EFT transfer payable to BOG is not honored, BOG will assess a $20.00 collection fee for each such item (in addition to all other rights and remedies for the unpaid balance).

•  Late Fees. BOG reserves the right to impose a service charge of 1.5% per month of the then unpaid balance for all accounts not paid within 30 days. If payment is not made, Client agrees to pay all costs of collection incurred by BOG, including court fees and actual attorney’s fees incurred for the collection of Your account.

•  Non-Payment/Default. The obligation of BOG hereunder is conditioned upon payment in full of all service charges, and failure to pay such charges shall cancel these Terms in their entirety and discharge BOG of any liability. All amounts paid shall be deemed the property of BOG.

5. Property Access.

Client authorizes BOG, its employees and agents, to (i) access Client’s property on days and times of BOG’s choosing to provide the services requested; and (ii) move personal property on the grounds as may be reasonably needed to perform services.

6. Contact Information.

By providing Your phone number and email address to BOG, Client expressly consents BOG, along with its agents and affiliates, to contact Client by telephone or email, including through the possible use of an automatic telephone dialing system or other automated technology, text, and pre-recorded message, with marketing messages, offers, and other information regarding BOG’s products and services. Client expressly consents to be contacted through such means at the telephone numbers (including wireless numbers) and email addresses that Client provides to BOG. Client represents and warrants that any mobile or wireless telephone number provided belongs to Client and is associated with Client’s account for a mobile device in Client’s possession. Client agrees to notify BOG immediately if Client’s mobile or wireless telephone number changes, along with changes to email addresses, and further agrees to indemnify and hold BOG, its employees, agents and affiliates, harmless for all claims, damages, and liabilities resulting from Client’s failure to do so. Consent is not a requirement of purchase. Should Client have any questions about which addresses, telephone numbers, or email addresses Client provided to BOG, or should Client wish to stop receiving communications otherwise required to fulfill service obligations from BOG, please review Your account information or call BOG at 410-421-7862.

7.  Binding Effect. This document constitutes a valid agreement between Client and BOG. The rights and obligations created hereunder are binding upon Client and BOG, and their respective successors or permitted assigns.

8.  Modifications. BOG reserves the right, in BOG’s sole discretion, to modify these Terms from time to time with or without notice to Client. Client acknowledges and agrees to be bound by any such revised terms and conditions. CLIENT IS ADVISED TO REGULARLY REVIEW OUR WEBSITE, AND THE PROVISIONS OF THESE TERMS, THROUGHOUT THE CLIENT/BOG SERVICE RELATIONSHIP.

9.  Assignment. BOG may assign its rights and/or obligations under these Terms and/or the Service Agreement to any person or entity at any time, with or without notice to Client or Client’s consent. Client may not assign Client’s rights and/or obligations under these Terms to any person or entity without BOG’s written consent.

10. Waiver/Severability. No waiver by BOG of any of the provisions of these Terms or of the Service Agreement will be deemed a further or continuing waiver of such provision, and any failure of BOG to assert a right or provision of these Terms will not constitute a waiver of such provision. If any provision of these Terms or of the Service Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be severed or limited to the minimum extent such that the remaining provisions of these Terms or of the Service Agreement, as the case may be, will continue in full force and effect.

11. Survival. The rights and obligations set forth in the Service Agreement and Terms shall survive the performance of BOG’s obligations and the expiration or termination of the same by either Client or BOG.

12. Notice of Claim/Opportunity to Cure. Before any claim may be asserted by Client against BOG, arising from any alleged breach of the Service Agreement or these Terms, or asserting damage or injury to person or property arising from any act or omission on the part of BOG, its agents, employees, or representatives: Client must provide timely written notice to BOG identifying and documenting (i) the alleged damage or injury; and (ii) BOG’s acts or omissions that form the basis of Client’s claim. A written Notice of Claim must be presented by Client to BOG within sixty (60) days following the date of the alleged act or omission that caused damage, regardless of the date upon which the damage was first observed. BOG will have sixty (60) days following its receipt of Client’s Notice of Claim to investigate Client’s claim and to correct any deficiency or repair any damage as BOG, in its sole discretion, determines appropriate. Client shall provide BOG access to the property and a commercially reasonable opportunity to observe, test, document, investigate Client’s damage claims, and effectuate remedial measures. The failure of Client to submit a timely written Notice of Claim constitutes an irrevocable acceptance by Client of the sufficiency of BOG’S performance of its contractual obligations. Client waives and releases all claims for damage or injury allegedly arising from any act or omission on the part of BOG, its agents, employees, or representatives that are not asserted in a timely served Notice of Claim.

Notices of Claims must be sent to the following address via Certified Mail, Return Receipt Requested:

Blades of Green/B.O.G. Pest Control

Attn: Legal

645 Central Ave E #201

Edgewater, Maryland 21037

13. Time Limit for Filing Client Claims. Notwithstanding the provisions of any applicable statutes of limitations, Client agrees that any and all claims, of any kind or nature, by Client against BOG are forever barred if such claims are not initiated within one (1) year of the last date of service provided by BOG to or for Client, or the date of the act or omission upon which such claim is based, whichever comes first. A claim is “initiated” when BOG receives a written demand for arbitration of such claim. If the arbitration provisions of these Terms are determined inapplicable or unenforceable to such claim, the claim is not “initiated” until BOG receives service of a Summons and Complaint issued by a court of competent jurisdiction.

14. Limitation of Liability. In no event shall BOG, its officers, employees, or agents be liable to Client, and Client expressly waives and agrees to make no claim for intangible, consequential, incidental, or indirect damages, including, by way of example, loss of use of property, lost profits, loss of business, damage to reputation, business interruption, or emotional or mental injury. In no event shall BOG be liable to Client, and Client expressly waives and agrees to make no claim for exemplary or punitive damages, or for statutory minimum damages or treble damages or costs or attorney fees. In any claim for damage to Client’s lawn, plants, or landscaping, BOG’s liability is limited to, and shall not exceed, the amount Client paid for the lawn care application alleged to have caused the damages claimed by Client.

15. Indemnity. Client shall defend, indemnify, and hold BOG, Our affiliates, subsidiaries, joint ventures, third-party service providers, employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorney’s fees) that arise out of or are related to Your violation of these Terms or use of the Site

16. Attorney’s Fees. If litigation or arbitration is initiated against BOG by Client in violation of the Service Agreement or these Terms, or if BOG initiates litigation or arbitration against Client to enforce BOG’s rights under the Service Agreement or these Terms, Client shall pay BOG’s litigation/arbitration costs, filing fees, court costs, and litigation/arbitration associated expenses including, but not limited to, its actual attorney’s fees incurred in connection enforcing the same.

17. CLASS ACTION WAIVER. Any Claim must be brought in the party’s individual capacity, and not as a class member in any purported class, collective, representative, multiple plaintiff, or similar basis (“Class Action”), and the parties expressly waive any ability to maintain any Class Action in any forum whatsoever, including, but not limited to, any action based on the Telephone Consumer Protection Act, Maryland Consumer Privacy Act (or similar), Virginia Consumer Privacy Act (or similar), other state and federal laws related to privacy of personal information or data security, the Fair Debt Collection Practices Act, or other state and federal laws related to the collection of debts.

Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable shall be determined only by an arbitrator in accordance with the Mandatory Arbitration provision set forth herein. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE AS A PARTY TO A CLASS OR REPRESENTATIVE ACTION; HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY. CLIENT WILL NOT CONSENT TO THE CONSOLIDATION OF HIS/HER/THEIR CLAIMS WITH THE CLAIMS OF ANY OTHER CLIENT OR GROUP OF CLIENTS WITHOUT THE EXPRESS WRITTEN CONSENT OF BOG. THE PARTIES AGREE THAT THIS PROVISION IS INTENDED TO AND SHALL SURVIVE TERMINATION OF THIS OR ANY OTHER AGREEMENT BETWEEN THE PARTIES.

18. Applicable Law. The provisions of the Service Agreement and these Terms, and the respective rights and obligations of Client and BOG thereunder, shall be construed and interpreted in accordance with the laws of the State of Maryland, both in interpretation and performance.

19. Consent to Exclusive Jurisdiction. Client and BOG acknowledge and agree that the Service Agreement, and these Terms incorporated therein by reference, are made in Anne Arundel County, Maryland. If the event of any legal dispute which may arise in connection with the respective rights and obligation of Client and BOG under the Service Agreement or these Terms, the parties hereby consent to exclusive personal jurisdiction and venue in a court of competent jurisdiction in Anne Arundel County, Maryland.

20. WAIVER OF JURY TRIAL. THE PARTIES HERETO SHALL, AND THEY HEREBY DO, WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER ON ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES AGREEMENT, THESE TERMS, CLIENT’S RELATIONSHIP WITH BOG, OR ANY CLAIM FOR INJURY OR DAMAGE OF ANY KIND OR NATURE RELATED TO OR ASSOCIATED THEREWITH.

21. Entire Agreement. These Terms, together with the Service Agreement, constitute the entire agreement between Client and BOG relating to the subject matter of these Terms, and supersedes all prior understandings, including any prior communications, whether electronic, written, or oral.