LEGAL DOCUMENT

Terms of Service

Clearwater Vista Irrigation Services

Last Updated: January 3, 2026

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Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "Customer," "You") and Clearwater Vista Irrigation ("Company," "We," "Us," "Our"), governing your use of our irrigation installation, maintenance, landscaping, and related services.

BY ENGAGING OUR SERVICES, SIGNING A SERVICE AGREEMENT, OR ACCEPTING A QUOTE, 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 engage our services. We reserve the right to refuse service to anyone for any lawful reason.

OUR COMMITMENT TO YOU

Why Our Terms Protect You

Our comprehensive terms ensure transparency, quality, and peace of mind for every project we undertake

Professional Standards

Licensed & Insured Excellence

We maintain full licensing, bonding, and comprehensive insurance coverage to protect your property and investment. Our certifications ensure you're working with qualified professionals.

  • State-licensed irrigation contractors with 20+ years experience
  • $1 million liability insurance coverage on every project
  • 24/7 emergency service availability
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Quality Assurance

Comprehensive Warranties

We stand behind our work with industry-leading warranties that protect your investment for years to come. Quality craftsmanship is our guarantee.

  • 2-year warranty on all workmanship and installation
  • Manufacturer warranties on all equipment and materials
  • 90-day guarantee on plant materials and sod installations
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Fair & Transparent

Transparent Pricing & Terms

No hidden fees, no surprises. We provide detailed written estimates and clear payment terms so you know exactly what to expect from start to finish.

  • Detailed written estimates before any work begins
  • Flexible payment options with clear schedules
  • Fair cancellation policy with reasonable notice
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Your Protection

Property & Privacy Protection

We respect your property and privacy. Our team follows strict protocols to minimize disruption and protect your information.

  • Secure handling of all personal and property information
  • Professional conduct and property care standards
  • Clear dispute resolution process for any concerns
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  • 20+

    Years Experience

    3,800+

    Satisfied Clients

    100%

    Licensed & Insured

    2-Yr

    Workmanship Warranty

    1. Service Agreements & Estimates

    1.1 Written Estimates

    All services begin with a written estimate or proposal. Estimates are valid for 30 days from the date of issuance unless otherwise specified. Prices are subject to change based on material costs, site conditions, and scope modifications.

    1.2 Scope of Work

    The scope of work will be clearly defined in your service agreement or proposal. Any work outside the agreed scope will require a written change order and may result in additional charges. We are not responsible for work or issues not specified in the original agreement.

    1.3 Site Evaluation

    Client agrees to allow Company representatives access to the property for initial evaluation, installation, service, and maintenance. Client is responsible for ensuring all areas are accessible and free from hazards.

    1.4 Permits & Regulations

    Unless otherwise agreed in writing, Client is responsible for obtaining all necessary permits, licenses, and approvals required for irrigation work. Company will assist in identifying permit requirements but does not guarantee permit approval.

    2. Payment Terms & Pricing

    2.1 Payment Schedule

    Payment terms vary by project size:

    • Projects under $2,500: Payment due in full upon completion
    • Projects $2,500 - $10,000: 50% deposit required to schedule work, balance due upon completion
    • Projects over $10,000: 33% deposit to schedule, 33% at midpoint, 34% upon completion
    • Maintenance Contracts: Payment due monthly, quarterly, or annually as agreed

    2.2 Accepted Payment Methods

    We accept cash, checks, credit cards (Visa, MasterCard, American Express, Discover), ACH transfers, and Zelle. A convenience fee of 3% applies to credit card payments over $1,000.

    2.3 Late Payments

    Invoices not paid within 30 days of the due date will incur a late fee of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is less. Company reserves the right to suspend services and place liens on properties for unpaid balances.

    2.4 Price Changes

    Prices may be adjusted due to unforeseen site conditions, material cost increases, or changes in project scope. Client will be notified of any price changes exceeding 10% of the original estimate before work proceeds.

    2.5 Collection Costs

    Client agrees to pay all costs of collection, including reasonable attorney fees, court costs, and collection agency fees, if account is referred for collection.

    3. Warranties & Guarantees

    3.1 Workmanship Warranty

    We guarantee our workmanship for a period of one (1) year from the date of substantial completion. This warranty covers defects in installation and labor but does not cover damage caused by improper use, neglect, accidents, acts of nature, or normal wear and tear.

    3.2 Equipment & Materials Warranty

    Equipment and materials are covered by the manufacturer's warranty. Warranty periods vary by manufacturer (typically 1-5 years). We will assist in warranty claims but are not responsible for manufacturer warranty limitations or exclusions. We do not provide warranties beyond those offered by manufacturers.

    3.3 Landscape & Plant Materials

    Living plant materials carry a 30-day warranty from installation date, provided Client follows all care instructions provided. This warranty does not cover damage from weather extremes, pests, disease, improper watering, or lack of maintenance.

    3.4 Warranty Exclusions

    Warranties do not cover:

    • Damage caused by Client, third parties, or acts of God (storms, floods, freezing, lightning)
    • Modifications or repairs made by anyone other than Company
    • Failure to follow maintenance recommendations
    • Underground utility strikes not marked by 811 service
    • Pre-existing conditions or damage
    • Normal wear and tear or cosmetic issues that don't affect functionality

    3.5 Warranty Claims

    All warranty claims must be submitted in writing within 10 days of discovering the issue. Company will inspect and determine if the issue is covered under warranty. Our sole obligation under warranty is to repair or replace defective work or materials.

    4. Limitations of Liability & Disclaimers

    4.1 Maximum Liability

    COMPANY'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM SERVICES PROVIDED SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

    4.2 Underground Utilities

    Client is responsible for contacting 811 or local utility location services at least 48 hours before work begins. Company is not liable for damage to unmarked or improperly marked utilities, including but not limited to: electrical lines, gas lines, water lines, sewer lines, communication cables, or irrigation systems not disclosed by Client.

    4.3 Site Conditions

    Company is not responsible for discovering or addressing: underground tanks, contaminated soil, archaeological artifacts, protected species habitats, or other hidden site conditions. Additional costs resulting from unforeseen site conditions will be the responsibility of Client.

    4.4 Water Usage & Efficiency

    While we design systems for optimal efficiency, Company does not guarantee specific water savings or utility cost reductions. Actual water usage depends on weather, client settings, maintenance, and usage patterns.

    4.5 No Consequential Damages

    COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO: LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF CROPS OR LANDSCAPING VALUE, WATER DAMAGE FROM SYSTEM FAILURES, OR DAMAGE TO PROPERTY NOT DIRECTLY CAUSED BY OUR NEGLIGENCE.

    4.6 Force Majeure

    Company is not liable for delays or failures in performance caused by circumstances beyond our reasonable control, including: severe weather, natural disasters, labor disputes, material shortages, government actions, or public health emergencies.

    5. Client Responsibilities

    5.1 Property Access

    Client must provide clear, safe access to all work areas. This includes unlocking gates, moving vehicles, removing obstacles, and restraining pets. Company may reschedule work if access is not provided, and rescheduling fees may apply.

    5.2 Accurate Information

    Client must provide accurate information about: property boundaries, existing irrigation systems, underground utilities, drainage issues, water pressure, and any other relevant site conditions. Client is responsible for damages resulting from incomplete or inaccurate information.

    5.3 System Maintenance

    Client is responsible for regular system maintenance including: adjusting sprinkler heads, replacing batteries in controllers, clearing debris from valves, winterization (if applicable), and monitoring for leaks or malfunctions. Failure to maintain the system may void warranties.

    5.4 Water Supply

    Client is responsible for ensuring adequate water supply, pressure, and quality. Client must notify Company of any changes to water service or pressure that may affect system performance.

    5.5 HOA & Municipal Compliance

    Client is responsible for ensuring all work complies with Homeowner Association rules, local ordinances, and water restrictions. Company will make reasonable efforts to comply with known restrictions but is not responsible for violations resulting from Client's failure to disclose requirements.

    5.6 Inspection & Acceptance

    Client must inspect completed work within 5 business days and notify Company of any concerns. Failure to object within this period constitutes acceptance of the work.

    6. Cancellation & Rescheduling Policy

    6.1 Client Cancellations

    • More than 72 hours before scheduled start: Full refund of deposit minus $100 administrative fee
    • 48-72 hours before scheduled start: 50% of deposit is non-refundable
    • Less than 48 hours or no-show: Entire deposit is non-refundable
    • After work has begun: Client is responsible for payment for all work completed plus 25% of remaining contract value

    6.2 Company Cancellations

    If Company must cancel or reschedule due to weather, equipment failure, or other circumstances, Client will receive full refund of any deposits paid, with no additional penalties. Company is not liable for consequential damages from rescheduling.

    6.3 Weather-Related Delays

    Work may be delayed or rescheduled due to weather conditions that make work unsafe or impractical. Client will not be charged for weather delays, but timelines may be extended accordingly.

    6.4 Maintenance Contract Cancellations

    Maintenance contracts require 30 days written notice for cancellation. No refunds will be provided for partial months. Early termination of annual prepaid contracts will result in recalculation at monthly rates with the difference deducted from any refund.

    7. Property Protection & Insurance

    7.1 Company Insurance

    Company maintains general liability insurance and workers' compensation insurance as required by law. Certificate of insurance available upon request. Our insurance covers damage directly caused by our negligence during the course of our work.

    7.2 Property Protection

    Company will make reasonable efforts to protect Client's property during work. However, Client acknowledges that irrigation and landscaping work may result in: temporary disruption of lawn areas, minor settling of soil, disturbance to existing plantings, and temporary marks or wear patterns. These are normal consequences of the work and not considered damage.

    7.3 Damage Claims

    Any claims for property damage must be reported in writing within 48 hours of discovery. Company will investigate all claims and, if responsible, will repair or compensate for actual damages. Client's failure to report damage within 48 hours may result in denial of claim.

    7.4 Third-Party Damage

    Company is not responsible for damage caused by third parties, including: other contractors working on the property, utility companies, delivery services, or natural events. Client should coordinate with other contractors to prevent conflicts.

    7.5 Client's Insurance

    Client is responsible for maintaining adequate homeowner's insurance. Company recommends Client notify their insurance carrier of any major irrigation or landscaping installations that may increase property value.

    8. Intellectual Property & Design Rights

    8.1 Design Ownership

    All irrigation system designs, landscape plans, drawings, specifications, and proposals created by Company remain the intellectual property of Company until full payment is received. Upon full payment, Client receives a license to use the design for the specific property only.

    8.2 Design Modifications

    Client may not modify, reproduce, or distribute Company's designs without written permission. Client may not use Company designs for other properties or share with competing contractors.

    8.3 Photography & Marketing

    Company reserves the right to photograph completed projects for marketing, portfolio, and promotional purposes. Client grants Company permission to use property photos unless Client objects in writing prior to project completion.

    9. Dispute Resolution & Legal Terms

    9.1 Good Faith Negotiation

    In the event of any dispute, both parties agree to first attempt resolution through good faith negotiation. Client agrees to contact Company management directly before pursuing legal action or posting negative reviews.

    9.2 Mediation

    If negotiation fails, parties agree to participate in mediation before pursuing litigation. Mediation costs will be shared equally unless otherwise agreed. Mediation shall take place in San Diego County, California.

    9.3 Arbitration

    Any disputes not resolved through mediation shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in San Diego County, California. Each party shall bear its own costs and fees.

    9.4 Governing Law

    These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any legal action must be brought in San Diego County, California.

    9.5 Statute of Limitations

    Client must bring any legal action arising from services within one (1) year of the date Client knew or should have known of the issue giving rise to the claim. This limitation applies to the maximum extent permitted by law.

    9.6 Class Action Waiver

    CLIENT AGREES THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION.

    10. Environmental & Safety Compliance

    10.1 Water Conservation

    Company designs systems to meet or exceed local water efficiency standards. However, Client is responsible for programming controllers, adjusting run times seasonally, and complying with local water restrictions and conservation mandates.

    10.2 Environmental Regulations

    Company complies with all applicable environmental regulations including proper disposal of materials, erosion control, and protection of waterways. Client is responsible for environmental compliance related to property use and maintenance.

    10.3 Safety Standards

    All work is performed in accordance with OSHA safety standards and industry best practices. Client must keep children, pets, and unauthorized persons away from work areas for their safety.

    10.4 Hazardous Materials

    Client must disclose the presence of any hazardous materials, contaminated soil, asbestos, lead, or other dangerous substances. Company reserves the right to stop work and terminate the agreement if undisclosed hazardous materials are discovered.

    11. Privacy & Communications

    11.1 Information Collection

    Company collects and stores Client information necessary to provide services, including: contact information, property details, billing information, and service history. This information is maintained securely and used only for business purposes.

    11.2 Information Sharing

    Company does not sell or share Client information with third parties except: as required by law, with service providers who assist in business operations (e.g., payment processors), or with Client's express permission.

    11.3 Communication Preferences

    By engaging our services, Client consents to receive communications via phone, email, text message, and mail regarding: appointment reminders, service updates, invoices, maintenance reminders, and occasional promotional offers. Client may opt out of promotional communications at any time.

    11.4 California Privacy Rights

    California residents have the right to request access to, deletion of, or correction of their personal information. To exercise these rights, contact us at the information provided below. See our full Privacy Policy for additional details.

    12. General Provisions

    12.1 Entire Agreement

    These Terms, together with any written service agreement, proposal, or estimate, constitute the entire agreement between Client and Company. These Terms supersede all prior oral or written agreements, representations, or understandings.

    12.2 Amendments

    Company reserves the right to modify these Terms at any time. Updated Terms will be posted on our website with the revision date. Continued use of services after changes constitutes acceptance of modified Terms. Material changes will be communicated to active clients.

    12.3 Severability

    If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

    12.4 Waiver

    Company's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or Company's right to enforce it in the future. All waivers must be in writing and signed by an authorized Company representative.

    12.5 Assignment

    Client may not assign or transfer their rights or obligations under these Terms without Company's written consent. Company may assign these Terms in connection with a merger, acquisition, or sale of business.

    12.6 Survival

    Provisions regarding warranties, liability limitations, dispute resolution, and payment obligations shall survive termination or completion of services.

    12.7 Headings

    Section headings are for convenience only and do not affect the interpretation of these Terms.

    12.8 Notices

    All legal notices must be in writing and sent via certified mail, email, or hand delivery to the addresses provided in the service agreement. Notices are deemed received when delivered or 3 business days after mailing.

    Contact Information

    Company Name

    Clearwater Vista Irrigation LLC

    Mailing Address

    3010 LBJ Freeway Suite 1200
    Dallas, TX 75234

    Business Hours

    Monday - Friday: 7:00 AM - 6:00 PM

    Saturday: 8:00 AM - 4:00 PM

    Sunday: Closed

    Emergency Service

    24/7 emergency line available for existing clients

    For questions about these Terms of Service or to request a copy, please contact us using the information above.

    Acknowledgment & Acceptance

    By signing a service agreement, accepting a quote, or engaging Clearwater Vista Irrigation's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety.

    These terms protect both you and our company, ensuring a professional, transparent, and mutually beneficial business relationship.

    Professional irrigation and landscaping services you can trust

    Clearwater Vista Irrigation - Serving Clearwater and Vista since 2010