Terms of Service for Maple Leaf Garden Studio

Effective Date: July 3, 2026

1. Introduction and Acceptance of Terms

These Terms of Service (the “Terms”) govern your access to and use of the services provided by Maple Leaf Garden Studio, located at 1280 Wellington Street West, Ottawa, ON K1Y 3A7, Canada, including any related communications, estimates, proposals, invoices, and service arrangements.

By requesting, booking, paying for, or otherwise using the services of Maple Leaf Garden Studio, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the services.

These Terms apply to all clients, property owners, tenants, authorized agents, and any other persons who engage Maple Leaf Garden Studio for services.

2. Scope of Services

Maple Leaf Garden Studio provides garden and landscape-related services, which may include, without limitation:

Garden design and planting plans
Seasonal lawn and garden maintenance
Tree and shrub pruning
Mulching and soil improvement
Irrigation system installation and maintenance
Weed control and bed cleanup

The exact scope, timing, materials, and deliverables for each project will be set out in a written estimate, proposal, work order, service agreement, or invoice issued by Maple Leaf Garden Studio. Any services not expressly included in such written documentation are excluded unless agreed in writing by both parties.

All services are subject to site conditions, weather, seasonal availability, plant health, municipal restrictions, supplier availability, and other factors beyond the reasonable control of Maple Leaf Garden Studio.

3. User Obligations and Responsibilities

By engaging Maple Leaf Garden Studio, you agree to:

Provide accurate, complete, and current information about the property and requested services.
Ensure that you have the legal right, authority, and permission to authorize work on the property.
Disclose known hazards, including underground utilities, irrigation lines, drainage issues, pest infestations, toxic plants, unstable structures, or other site-specific risks.
Obtain any required permissions, permits, approvals, or consents from landlords, condominium corporations, municipalities, utility providers, or other third parties, unless otherwise agreed in writing.
Ensure pets, children, valuables, and fragile items are secured or removed from work areas as needed.
Provide safe and reasonable access to the property, water sources, electrical access, and other necessary facilities where applicable.
Promptly review completed work and notify Maple Leaf Garden Studio of any concerns within a reasonable time.
Use any recommended plant care, watering, or maintenance instructions provided after service.

You are responsible for the condition of the property before and after service, except to the extent caused by the proven negligence or willful misconduct of Maple Leaf Garden Studio.

4. Payment Terms and Conditions

Fees for services will be communicated in advance through an estimate, quote, proposal, or invoice. Unless otherwise stated in writing, all prices are in Canadian dollars (CAD) and are subject to applicable taxes, including GST/HST where required.

Estimates are based on the information available at the time and may change if site conditions, scope, or materials differ from what was disclosed.
Maple Leaf Garden Studio may require a deposit before scheduling or commencing work, particularly for design services, materials, or larger projects.
Payment is due on the date stated on the invoice. If no date is stated, payment is due upon receipt.
Late payments may be subject to interest at the maximum rate permitted by applicable law, plus reasonable collection costs.
Any returned payment, chargeback, or failed transaction may result in administrative fees and suspension of services until the account is settled.
Materials purchased specifically for your project may be billed in advance or at the time of purchase and are generally non-refundable once ordered, except where required by law.

If additional work is requested or becomes necessary due to unforeseen conditions, Maple Leaf Garden Studio may issue a revised estimate or additional charges, which must be approved by you before the work proceeds unless immediate action is reasonably required to prevent damage or safety issues.

5. Cancellation and Refund Policy

You may cancel a scheduled service by providing reasonable notice. Cancellation terms may vary depending on the type of service, materials ordered, and scheduling commitments.

For recurring maintenance services, at least 48 hours’ notice is preferred for cancellations or rescheduling.
For design work, consultations, or custom planning services, deposits are non-refundable once work has commenced, except where required by applicable consumer protection law.
If materials, plants, or supplies have been ordered, prepared, or reserved for your project, those costs may be non-refundable.
If Maple Leaf Garden Studio cancels or is unable to perform services due to reasons within its control, a rescheduling option or refund of prepaid amounts for undelivered services may be offered, as appropriate.

Refunds, if any, will be limited to amounts actually paid for services not yet performed, less any non-recoverable costs already incurred, to the extent permitted by law.

No refund will be provided for completed services that were performed in accordance with the agreed scope, except where required by law.

6. Liability Limitations

To the fullest extent permitted by applicable law, Maple Leaf Garden Studio, its owners, employees, contractors, and agents shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of enjoyment, loss of use, or loss of business opportunities, arising out of or related to the services.

Without limiting the foregoing, Maple Leaf Garden Studio is not responsible for:

Pre-existing property damage, soil conditions, drainage issues, pest infestations, disease, or plant failure due to environmental factors.
Damage caused by hidden or undisclosed underground utilities, irrigation systems, structures, or hazards.
Weather events, drought, flooding, frost, wind, hail, wildlife, insects, disease, or other natural causes.
Results affected by improper aftercare, watering, fertilization, mowing, pruning, or other maintenance performed by you or third parties.
Delays caused by supplier shortages, access restrictions, municipal rules, or force majeure events.

To the maximum extent permitted by law, the total aggregate liability of Maple Leaf Garden Studio for any claim arising from or related to the services shall not exceed the amount paid by you for the specific service giving rise to the claim.

Nothing in these Terms limits liability where such limitation is prohibited by law, including liability for gross negligence, intentional misconduct, or other non-excludable obligations under applicable Canadian law.

7. Intellectual Property Rights

Unless otherwise agreed in writing, all concepts, sketches, planting plans, designs, drawings, layouts, documents, photographs, estimates, and other materials created by Maple Leaf Garden Studio remain the intellectual property of Maple Leaf Garden Studio until full payment has been received.

Upon full payment, you receive a limited, non-exclusive, non-transferable license to use the deliverables solely for the property and purpose for which they were created. You may not reproduce, resell, publish, distribute, or use the materials for other properties or commercial purposes without prior written consent from Maple Leaf Garden Studio.

Any trademarks, logos, service marks, or trade names of Maple Leaf Garden Studio may not be used without prior written permission.

8. Data Protection and Privacy

Maple Leaf Garden Studio collects, uses, and discloses personal information only as reasonably necessary to provide services, manage client relationships, process payments, communicate with you, maintain records, and comply with legal obligations.

Personal information may include your name, address, contact details, property information, service preferences, payment details, and communications. Maple Leaf Garden Studio will take reasonable administrative, technical, and physical safeguards appropriate to the nature of the information to protect personal information against unauthorized access, use, disclosure, alteration, or loss.

Personal information may be shared with third-party service providers only where necessary to perform services, process payments, deliver materials, or comply with legal requirements. Such third parties are expected to handle information in a manner consistent with applicable privacy obligations.

By engaging Maple Leaf Garden Studio, you consent to the collection, use, and disclosure of your personal information for the purposes described in these Terms and in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA), where applicable.

9. Force Majeure

Maple Leaf Garden Studio shall not be liable for any delay or failure to perform obligations under these Terms where such delay or failure results from events beyond its reasonable control, including but not limited to:

Severe weather, storms, floods, drought, fire, frost, or other natural disasters
Acts of God, epidemics, pandemics, or public health emergencies
Labour disputes, strikes, shortages, or transportation disruptions
Supply chain interruptions or material shortages
Government orders, regulatory changes, permit delays, or municipal restrictions
Power outages, utility failures, or internet/communication disruptions
Any other event beyond reasonable control

In such circumstances, performance will be suspended for the duration of the force majeure event, and the parties will use reasonable efforts to resume services as soon as practicable.

10. Changes to Terms

Maple Leaf Garden Studio may update or modify these Terms from time to time to reflect changes in business practices, legal requirements, or service offerings. The updated Terms will be effective upon posting or upon notice to you, whichever occurs first, unless a later effective date is stated.

Your continued use of the services after the effective date of any revised Terms constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the services.

11. Applicable Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the services shall be subject to the exclusive jurisdiction of the courts located in Ottawa, Ontario, unless applicable law requires otherwise.

12. Contact Information

If you have questions, concerns, or notices regarding these Terms or the services of Maple Leaf Garden Studio, please contact:

Maple Leaf Garden Studio
1280 Wellington Street West
Ottawa, ON K1Y 3A7
Canada

Email: [email protected]
Phone: +1 (613) 728-9465

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 any invalid or unenforceable provision can be modified to make it valid and enforceable, it shall be interpreted and enforced to the maximum extent permitted by law in a manner that best reflects the original intent of the parties.

By engaging the services of Maple Leaf Garden Studio, you acknowledge that you have read and agree to these Terms of Service.

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