Oasis Landscape Group, LLC

Terms and Conditions

1. Oasis Landscape Group, LLC’s Duties And Responsibilities

1.1. Oasis Landscape Group, LLC (“Oasis”) agrees to provide all the professional services, labor, and materials outlined in the attached Proposal (“Project”) with the undersigned (“Client”) subject to the terms and conditions set forth herein. Oasis and the Client are referred to herein individually as a “Party” and collectively as the “Parties.” The Proposal, together with these terms and conditions which are incorporated therein, may be referred to hereinafter as the “Agreement.”

1.2. Oasis shall perform its services consistent with the professional skill and care ordinarily provided by design professional practicing in the same or similar locality under the same or similar circumstances. Oasis shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the project.

1.3. Oasis shall, at all times during the Project, maintain general liability insurance coverage in the minimum amount of $1,000,000.00 and shall, upon request, furnish copies of said insurance policies to Client.

2. Client’s Responsibilities

2.1. The Client shall furnish, at Client’s expense, i.) a legal description and certified land survey of the site, ii.) the location of all utilities, including any lawn watering and irrigation systems and any other personal utilities, iii.) soil testing for compaction, strength, and stability, iv.) any homeowners association or other community approval that may be required either for the Project to be performed and completed in the manner proposed.

2.2. Client shall provide Oasis, its agents, employees, and contractors with access to the property to allow performance of the work outlined in the Proposal.

2.3. Client’s responsibilities shall be supplied on a timely basis so as not to delay or increase the costs of Oasis work.

2.4. Any claim pertaining to quality defects with respect to the services rendered herein, including services rendered by any Oasis subcontractor or consultant, must be made in writing to Oasis within ten (10) business days after installation. Unless Client notifies Oasis in writing within ten (10) business days of receipt, Client shall be deemed to have accepted Oasis’ (or any Oasis subcontractor or consultant’s) work without qualification, and cannot, thereafter, reject any work.

2.5. After the occurrence of any event which gives rise to a claim by the Client against Oasis, the Client shall give written notice to Oasis within Ten (10) days of such event or within Ten (10) days after the Client in the exercise of reasonable prudence should have recognized the condition giving rise to any such claim, whichever is later, or such claim is finally and completely waived for all purposes and the Client is estopped from proceeding with such claim against Oasis.

2.6. Notwithstanding the above, failure to detect a quality defect within the initial ten (10) business days does not void the warranty. If a Client identifies a quality defect after this period, they may still notify Oasis, and both parties will engage in discussions to address the issue

3. Clientship And Use Of Design Document

3.1. All plans, design documents, drawings, photographs, specifications, or other artistic renderings of the Project (the “Design Documents”) are made for the execution of this Project only and shall not be used on other projects except by agreement in writing and with appropriate compensation to Oasis. The Client shall be permitted to retain copies of the Design Documents, including reproducible copies, for information and reference in connection with the use and occupancy of the Project, for submission or distribution to meet official regulatory requirements, or for other purposes in connection with the Project.

3.2. Oasis shall be considered the author of the Design Documents for purposes of copyright and shall have the right to register the copyright the Design Documents in the name of Oasis.

3.3. The Client hereby consents to Oasis’ use of the Design Documents for marketing and promotional purposes which may include, but not be limited to, publishing such materials on Oasis’s website, brochures or in connection with other promotional efforts. Names and addresses will be removed from such documents.

3.4. The Design Documents are conceptual only and i.) may not be accurate or to scale, ii.) may include features or items that are not included in the Proposal and/or this Agreement, and iii.) may include colors of tile, stone, interior finish or other items or options that differ from that which is available, selected or installed. In the event the Design Documents differ from the Proposal and/or this Agreement, the Proposal and this Agreement control, Oasis shall have no obligation to provide any materials which are not included in the Proposal and this Agreement, and Client shall have no claim against Oasis arising from any difference between the Design Documents and the Proposal and/or this Agreement.

4. Construction

4.1. Oasis may, at their discretion, engage subcontractors and/or substitute items of substantially similar quality at no extra cost to Client.

4.2. Client agrees and acknowledges that because interior finish, tile, stone, concrete, deck and/or brick materials, including travertine or flagstone products, are NOT by their nature uniform in color, hue, texture, or appearance, even if from the same batch or delivery, Oasis does not and cannot guarantee that the samples or renderings provided to Client will match what is installed, or that each piece installed will be uniform or identical. Client agrees that variation may be significant. Weathering, aging, use, and water chemistry can also affect the appearance of these materials over time, and interior finish may mottle and/or change in color after installation.

4.3. With the exception of excavated soil, any and all materials that remain unused after completion of the Project shall remain the property of Oasis. All excavated soil shall remain the property of Client and shall remain on Client’s property unless otherwise provided in this Agreement.

4.4. Client agrees and acknowledges that Oasis will use delivery trucks and large equipment to complete the Project and such equipment may disturb and damage Client’s property, lawn, landscaping, driveways, and sidewalks. Client agrees that Oasis shall not be held liable for any such disturbances or damages. A rough machine grade of Client’s lawn that has been disturbed or damaged by the work to complete the Project is included in the cost of the Project. Any further work or repairs, including but not limited to hand raking, topsoil, grass seed, straw, or sod, is not included in the cost of the Project, unless such work or repairs are clearly stated in the Proposal.

4.5. A minimum of an 8' wide access is required from the driveway or road to the location of the Project and Client acknowledges and agrees that the property meets this requirement. Unless otherwise clearly stated in the proposal.

4.6. Client agrees and acknowledges that the Project may involve entering and accessing Client’s home and damages to areas of Client’s home. Client agrees that Oasis shall not be held liable for any such damages to Client’s home, and repairs for any such damages are not included in the cost of the Project.

4.7. Any irrigation and drainage pipes that are hit during the excavation and building process will be billed for time and material to repair.

4.8. Equipment must be located no farther than 20' from the location of the pool designated on the Proposal and 50' from the electrical source, unless otherwise written in the proposal.

4.9. Unless otherwise specified in the Proposal, the Project does not include the following: i.) stump removal, ii.) any upgrades to the Client’s existing electric panel, iii.) installing a pool heater, iv.) any repairs or upgrades to Client’s existing indoor gas and/or electrical systems, or v.) any upgrades or repairs to the Client’s gas meter.

5. Termination Of Agreement

5.1. This Agreement may be terminated by either Party upon seven (7) days’ written notice should the other Party fail substantially to perform in accordance with its terms. In the event of termination of this Agreement, whether by Client or Oasis, Client shall compensate Oasis for any and all work performed and materials obtained by Oasis prior to termination in accordance with the rates set forth in this Agreement.

6. Breach; Remedies

6.1. Client’s failure to comply with any term, condition or provision of this Agreement, including failure to make a payment when due, shall constitute a breach of this Agreement. If any payment required herein is not paid within thirty (30) days of its due date, Client agrees to pay Oasis a late fee of 1.5% per month on all amounts remaining unpaid until the balance owed has been paid in full.

6.2. In the event of breach of this Agreement by Client, Client shall be liable for all damages and expenses incurred by Oasis as a result of said breach and, in addition to any other remedies and damages permitted by law, Client shall be liable for all profits Oasis would have earned had the Agreement been fully completed and paid for in accordance with the terms and conditions plus collection and court costs, and attorneys’ fees.

6.3. In the event of breach of this Agreement, Client acknowledges and authorizes the creation of any applicable statutory liens against Client’s property securing the cost of all labor, repairs, materials, and other necessary costs until all invoices pertaining to the Project are fully paid. In the event Oasis retains attorneys or debt collectors to collect amounts overdue under this Agreement, Client shall pay Oasis’s reasonable attorneys’ fees, collection fees, and other costs of collection. All of Oasis’s rights and remedies shall be cumulative and in addition to all other rights and remedies provided by law and equity.

7. Unanticipated Events

7.1. Oasis shall be entitled to suspend or cancel work on the Project in the event of any delay or non-performance due directly or indirectly to wars, strikes, lockouts, delays or defaults of manufacturers of suppliers, infestations, contamination, acts of God, hidden conditions within Client’s property (including, but not limited to rocky soil, water, trash, or underground impediments), or any other cause (whether similar or dissimilar) beyond the reasonable control of Oasis (“Unanticipated Event”.)

7.2. The Client shall have no claims against Oasis in consequence of any cancellation or suspension arising from an Unanticipated Event. Oasis shall not be liable for any costs, damages, or penalties, whether indirect, incidental, special or consequential, resulting from any Unanticipated Event.

7.3. Oasis shall only bill the Client for the work completed up to the point of cancellation or suspension due to an Unanticipated Event. However, in the event of a prolonged suspension where there are documented vendor and contractor cost increases directly attributable to the suspension, the Client may be responsible for the additional costs incurred during the extended period.

8. Additional Services

8.1. Oasis shall provide only those services specified in the Proposal with Client. Any services not otherwise included in said Proposal or not customarily furnished in accordance with generally accepted practice, if required, shall be provided under separate agreement.

9. Indemnification

9.1. Oasis agrees to indemnify and hold harmless the Client from any claims, damages, losses, or expenses arising directly from Oasis' negligence, willful actions, or omissions, or those of Oasis’ employees or agents. The Client acknowledges that Oasis shall not be responsible for any claims, damages, losses, or expenses caused by the Client, the homeowner, or any party not associated with Oasis.

10. Warranty and Disclaimers

10.1. Except as otherwise specified hereinbelow, Oasis makes no warranties, whether expressed or implied, and Client waives any express or implied warranties on any workmanship and materials provided by Oasis, including, but not limited to i.) sod, plants, seeds, trees, or any other plant materials provided and/or installed by Oasis, ii.) sod, plants, seeds, trees, weeds, or any other living plant material growing in beds, lawns, or between pavers installed by Oasis, iii.) concrete cracking, iv.) discoloration in concrete or pavers, v.) paver joint sand.

10.2. Oasis warrants any pneumatically applied gunite pool shell installed by Oasis from defects in material and workmanship for as long as Client owns the property on which said gunite pool shell is installed. The warranty specified herein, and any rights or claims arising from said warranty, shall not be transferable.

10.3. Oasis warrants the workmanship of their installation of hardscape and masonry materials for 15 years from the date such materials are installed by Oasis. The warranty specified herein does not include grass, weeds, or other plant materials growing on or between hardscape or masonry materials installed by Oasis.

10.4. Pool Interior Finishes are composed of materials which may have inherent shading and/or color variation which is normal and should not be construed as a defect. Environmental factors such as humidity, temperature, substrate conditions, etc., during the installation process can cause normal color variations (normal mottling) across the surface of a coating. This is generally a uniform shading or cloudy appearance. These variations may be more pronounced on a cloudy day or at night with the light on. These conditions are beyond the contractor’s control. Discoloration or mottled‐shade variation is not considered a failure or defect, but is characteristic of most cementitious products, not needing remedy. It is a normal occurrence of most exposed aggregate finishes to have variation in the surface aggregate density, or variations in the concentration of aggregates across the finished surface. Proper evaluation of an interior finish is done when the pool is full of water and under natural light conditions only. The pool interior finish is NOT guaranteed for evenness of color and may not be the exact shade anticipated. The shade and color of pigmented surfaces will vary and “fade” over time. Crazing (check cracks and hairline cracks), may be noticeable and may be quite pronounced with colored finishes and are normal and are not considered defects. It is highly recommended to perform a start‐up procedure on freshly plastered pools, such as the National Plasters Council Start‐up Procedure. A proper start‐up will promote a longer lasting interior finish. The longevity of the surface will be dependent on the water chemistry after start‐up being properly maintained in accordance with the Association of Pool & Spa Professionals (APSP) published standards recommended practice of maintaining the Langlier Saturation Index at 0 to +/‐ 0.5. Overall common water chemistry parameters to be monitored are: chlorine, total and carbonate alkalinity, pH, calcium hardness, cyanuric acid and total dissolved solids.

10.5. Oasis provides a warranty for the structural integrity of the pool shell, ensuring it meets industry standards and will be free from defects in materials and workmanship. This warranty is valid for the lifetime of the homeowner's ownership of the property. This warranty covers the structural components of the pool shell, including but not limited to cracks and defects that significantly compromise the integrity of the pool structure. Oasis will, at its discretion, repair or replace any defective pool shell components covered by this warranty. This warranty does not cover damage caused by improper use, neglect, acts of nature, or unauthorized modifications to the pool structure.

11. Miscellaneous Provisions

11.1. This Agreement, and any additional agreement between the Parties specifically outlining work to be performed, represents the entire and integrated agreement between the Client and Oasis and supersedes all prior negotiations, representations or agreement, either written or oral. This Agreement may be amended only by written instrument signed by both Client and Oasis.

11.2. No action or failure to act by Oasis shall constitute a waiver of a right or duty afforded them under the Agreement, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing.

11.3. The rights and obligations of Oasis and Client shall be governed and determined by the laws of the state of Maryland.

11.4. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against Oasis. The Client shall include a copy of this provision in its other contracts relating to the Project.