Terms of Service for Maple Leaf Garden Design Ltd.
Effective Date: July 20, 2026
1. Introduction and Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Maple Leaf Garden Design Ltd. (“Maple Leaf Garden Design Ltd.,” “we,” “us,” or “our”), a garden design and maintenance service provider located at 1255 W 8th Avenue, Vancouver, BC V6H 1C3, Canada.
By requesting, scheduling, or using any of our services, or by accepting a quote, proposal, estimate, work order, or invoice from Maple Leaf Garden Design Ltd., you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.
These Terms apply to all services provided by Maple Leaf Garden Design Ltd. in British Columbia and, where applicable, elsewhere in Canada, subject to local laws and site-specific requirements.
2. Scope of Services
Maple Leaf Garden Design Ltd. offers garden design, landscaping, and related outdoor maintenance services, which may include:
- Custom garden design and planting plans;
- Seasonal garden maintenance;
- Lawn care and edging;
- Tree, shrub, and hedge pruning;
- Soil improvement and mulching;
- Irrigation system setup and inspection; and
- Container planting and patio garden styling.
The exact scope, deliverables, schedule, materials, and pricing for any engagement will be described in a written estimate, proposal, quote, work order, invoice, or service agreement issued by Maple Leaf Garden Design Ltd. If there is any conflict between these Terms and a signed service agreement or written quote expressly accepted by both parties, the signed agreement or accepted quote will prevail to the extent of the inconsistency.
We may decline or modify service requests if site conditions, weather, safety concerns, access limitations, plant health, legal restrictions, or other operational factors make performance impractical or unsafe.
3. User Obligations and Responsibilities
You agree to:
- Provide accurate, complete, and current information regarding the property, access, and requested services;
- Ensure that you have the legal right to request services at the property and, where necessary, obtain permission from owners, strata corporations, landlords, tenants, or other relevant parties;
- Disclose any known site hazards, underground utilities, irrigation lines, drainage issues, allergies, pests, wildlife concerns, or restricted areas before work begins;
- Maintain a safe and unobstructed worksite, including access to water, electricity, and gate or entry instructions if required;
- Secure pets, children, valuables, fragile items, and any personal property that could be damaged during service;
- Notify us in advance of any desired changes to the scope of work;
- Review our recommendations regarding plant care, watering, maintenance, and seasonal timing; and
- Comply with applicable municipal bylaws, strata rules, environmental restrictions, and all other laws governing the property.
You are responsible for promptly informing us of any changes that may affect scheduling, safety, or performance. If our work is delayed, reduced, or made more expensive because of inaccurate information, unsafe conditions, or failure to prepare the site, you may be charged additional fees reasonably incurred.
4. Payment Terms and Conditions
Unless otherwise stated in writing, all fees are quoted in Canadian dollars (CAD) and are subject to applicable taxes, including GST, PST, or HST as required by law.
- Estimates: Estimates are based on information available at the time of quotation and are not final unless expressly stated as fixed-price in writing.
- Deposits: For custom design work, specialty materials, seasonal booking, or larger projects, we may require a non-refundable deposit or retainer before scheduling or commencement.
- Invoices: Invoices are due upon receipt unless a different due date is stated on the invoice or agreement.
- Late Payments: Overdue balances may accrue interest at the maximum rate permitted by applicable law, and we may suspend services until payment is received in full.
- Additional Work: Work requested beyond the agreed scope, or required due to hidden conditions or site changes, may be billed at our then-current rates or on a time-and-materials basis.
- Materials and Purchases: Unless otherwise agreed, plant materials, soil amendments, mulch, and other supplies purchased for your project may be billed in advance or at the time of purchase and are not returnable if they are live or custom-ordered items.
You authorize Maple Leaf Garden Design Ltd. to charge or invoice you for any approved service, material, or additional work completed for your benefit. If payment is not received, we may pursue collection of outstanding amounts, including reasonable collection costs and legal fees where permitted by law.
5. Cancellation and Refund Policy
You may cancel a scheduled service by providing reasonable notice. Cancellation terms may vary depending on the service type, season, staffing commitments, and material procurement.
- Short-notice cancellations: If you cancel after we have reserved time, ordered materials, or dispatched personnel, you may be charged a cancellation fee or for non-recoverable costs incurred.
- Rescheduling: We will make reasonable efforts to reschedule services, subject to availability and weather conditions.
- Weather and safety: We may postpone or cancel services due to weather, site conditions, safety risks, or other factors outside our control.
- Refunds: Refunds, if any, are limited to amounts paid for services not yet performed, less any non-recoverable expenses, custom materials, administrative fees, and work already completed.
- Custom design work: Fees for completed consultations, site assessments, design development, revisions already delivered, and any custom plans or drawings are non-refundable once provided.
- Live materials: Plants, soil, mulch, and other perishable or specially ordered materials are generally non-returnable and non-refundable unless required by law or otherwise agreed in writing.
If Maple Leaf Garden Design Ltd. must cancel a service, we will, where appropriate, offer a reschedule, credit, or refund for the unperformed portion of the service. Nothing in this section limits any non-excludable rights you may have under applicable Canadian consumer protection laws.
6. Liability Limitations
To the fullest extent permitted by applicable law, Maple Leaf Garden Design Ltd. shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of use, loss of enjoyment, loss of profits, loss of business, loss of plants due to weather or pre-existing conditions, or damage arising from third-party conduct.
Our total aggregate liability for any claim arising out of or relating to the services, whether in contract, tort, negligence, strict liability, or otherwise, shall not exceed the amount paid by you to Maple Leaf Garden Design Ltd. for the specific service giving rise to the claim during the three (3) months preceding the event giving rise to liability, or CAD $500, whichever is greater, unless a higher amount is required by law.
We are not responsible for:
- Pre-existing plant disease, pest infestation, soil compaction, drainage issues, irrigation failure, or structural defects;
- Damage caused by extreme weather, drought, flooding, frost, wildlife, insects, municipal water restrictions, or acts of nature;
- Damage resulting from hidden underground utilities, unmarked structures, or inaccurate site information;
- Decline or death of plants due to improper watering, maintenance, pruning, fertilization, or other care after service completion;
- Damage caused by third parties, contractors, tenants, visitors, or the Client’s own actions or omissions;
- Unavoidable minor disturbance to turf, mulch, soil, or surrounding surfaces that is typical of garden work.
Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including liability for gross negligence, wilful misconduct, or personal injury where such limitation is prohibited.
7. Intellectual Property Rights
Unless otherwise agreed in writing, all concepts, sketches, planting plans, drawings, mood boards, design documents, written recommendations, presentations, specifications, and other creative materials prepared by Maple Leaf Garden Design Ltd. remain our intellectual property until full payment has been received.
Upon full payment of all amounts due for the applicable project, you are granted a non-exclusive, non-transferable, perpetual license to use the final paid design deliverables solely for the property for which they were created. You may not reproduce, resell, publish, distribute, or adapt our materials for other properties or commercial purposes without our prior written consent.
We may photograph completed or in-progress work for our records, portfolio, marketing, and promotional purposes, provided that any use of personal information is handled in accordance with our Privacy practices and applicable law. If you do not wish your property images to be used publicly, you must notify us in writing before the work is published.
8. Data Protection and Privacy
Maple Leaf Garden Design Ltd. collects, uses, discloses, and retains personal information only as reasonably necessary to provide services, manage client relationships, process payments, communicate with you, comply with law, and improve our business operations.
We take commercially reasonable safeguards to protect personal information against unauthorized access, use, disclosure, alteration, or destruction. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.
Personal information may include contact details, property access instructions, billing information, service history, and communications related to your project. We do not sell your personal information.
We may disclose personal information where required to do so by law, court order, or lawful request, or to service providers who assist us in operating our business, subject to appropriate confidentiality obligations.
By using our services, you consent to the collection, use, and disclosure of personal information as described in these Terms and in any additional privacy notice we may provide, subject to applicable Canadian privacy laws, including, where applicable, British Columbia’s Personal Information Protection Act (PIPA) and other relevant legislation.
9. Force Majeure
Maple Leaf Garden Design Ltd. shall not be liable for any delay or failure to perform its obligations due to events beyond our reasonable control, including but not limited to severe weather, wildfire, flood, earthquake, ice, labour disputes, supply shortages, transport disruptions, power outages, acts of government, public health emergencies, civil unrest, or utility interruptions.
If a force majeure event occurs, we may suspend, delay, or modify services without liability, and we will make reasonable efforts to resume performance as soon as reasonably practicable.
10. Changes to Terms
We may update these Terms from time to time to reflect changes in our services, business practices, or legal requirements. The revised Terms will be posted or otherwise made available to you with an updated effective date.
Your continued use of our services after updated Terms are communicated to you constitutes acceptance of the revised Terms, to the extent permitted by law. If you do not agree to the updated Terms, you must stop using our services and may request that future services be cancelled in accordance with our cancellation policy.
11. Applicable Law and Jurisdiction
These Terms and any dispute, claim, or controversy arising out of or relating to them, or to the services provided by Maple Leaf Garden Design Ltd., shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Subject to any applicable consumer protection legislation or mandatory dispute resolution process, the parties agree that the courts located in Vancouver, British Columbia shall have exclusive jurisdiction and venue for any legal proceeding arising from or relating to these Terms or the services.
12. Contact Information
If you have questions, concerns, or requests regarding these Terms or our services, please contact:
Maple Leaf Garden Design Ltd.
1255 W 8th Avenue
Vancouver, BC V6H 1C3
Canada
Email: [email protected]
Phone: +1 (604) 689-4728
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.
Where permitted by law, the invalid, illegal, or unenforceable provision shall be replaced with a valid provision that most closely reflects the original intent and economic effect of the original provision.
By engaging Maple Leaf Garden Design Ltd., you acknowledge that you have read, understood, and agreed to these Terms of Service.