Terms and Conditions of Green Group Holdings LLC dba “Eastern Turf Maintenance” Services

In consideration of the services to be provided to you by Green Group Holdings LLC. (“Eastern Turf Maintenance”), you agree as follows:

1. Access to Property. You authorize Eastern Turf Maintenance to provide the services described in your customer account access portal, which is available at www.lawngateway.com, at the property identified in the portal (the “Property”). You will provide Eastern Turf Maintenance with reasonable and safe access to the Property in order for Eastern Turf Maintenance to provide the services. You warrant and represent to Eastern Turf Maintenance that you are the owner of the Property, or in the event that you are not the owner of the Property, you warrant and represent that you have the legal authority to execute these terms and conditions and bind the property owner to them. You will be individually responsible and liable for the service fees charged by Eastern Turf Maintenance that are identified in your customer account access portal. You are also responsible for informing Eastern Turf Maintenance of your property lines and any property conditions that you know of that may hinder or adversely affect Eastern Turf Maintenance’s ability to provide the services. You will indemnify Eastern Turf Maintenance against and hold it harmless from any claim by any nearby property owner that Eastern Turf Maintenance trespassed on or damaged that property owner’s property while providing services to you at the Property.
2. Price Increases.
   1. Becausethesizeofyour property is a significant factor in determining the cost of Eastern Turf Maintenance’s services, Eastern Turf Maintenance may increase the specified charges proportionally based on any expansion of your property.
   2. Fuel, Material, and Labor Cost Increases . Because the product, labor, and fuel costs constitute a significant portion of Eastern Turf Maintenance services, Eastern Turf Maintenance may increase the price of your services on account of an increase in its product, labor, or fuel costs. Similarly, Eastern Turf Maintenance may experience cost increases as a result of other unforeseen circumstances including, but not limited to, changes in government regulations. If Eastern Turf Maintenance increases the cost of your services, then you will receive at least 30 days’ advance notice of the same. You have the right to terminate the services within the 30-day period. If you do not terminate services, then the price adjustment will become effective and the services will continue at the increased price.
   3. Other Price Increases . Eastern Turf Maintenance may, in its discretion, increase the price of your services for other reasons. If Eastern Turf Maintenance increases the cost of your services, then you will receive at least 30 days’ advance notice of the same. You have the right to terminate the

services within the 30-day period. If you do not terminate services, then the price adjustment will become effective and the services will continue at the increased price.

With the exception of the potential increases described in subparagraphs (a) and (b), Eastern Turf Maintenance will not increase its prices on an elective basis more than once per year.

3. Payment Terms . Payments for services are due within 30 days of the services being provided. If you fail to timely pay for services, then Eastern Turf Maintenance reserves the right to suspend or terminate your services; additionally, any amounts due but not timely paid will be assessed a one-time late fee penalty of the greater of 5% of the amount due or $ .50. A service charge of $25.00 will be charged for any returned check. You may pay your invoice by credit card. If Eastern Turf Maintenance has to engage counsel to collect any amounts due from you to Eastern Turf Maintenance, then you will pay all costs of collection, including but not limited to the reasonable attorneys’ fees that Eastern Turf Maintenance incurs with respect to such collection.
4. Authorization for Recurring Payments. For your convenience, you may place a credit card on file with Eastern Turf Maintenance for payment of the services that Eastern Turf Maintenance provides you. By placing a credit card on file, you authorize Eastern Turf Maintenance to charge the credit card for the services identified in your customer account access portal as such services are provided, and you represent and warrant to Eastern Turf Maintenance that you are an authorized user of the credit card and will not dispute the payment with your credit card company, provided the amounts charged for the services are consistent with those identified in your customer account access portal. Your authorization to charge the credit card on file will continue until you provide Eastern Turf Maintenance with written revocation of the authorization, which revocation must be provided at least 15 days before your next scheduled service.
5. You have the option to terminate the services that Eastern Turf Maintenance provides you at any time, provided that you notify Eastern Turf Maintenance of the termination in writing or by telephone. You will remain responsible for all amounts due to Eastern Turf Maintenance for services provided before termination. Similarly, Eastern Turf Maintenance may terminate the services that it provides you at any time, and in such event, you will remain responsible for all amounts due to Eastern Turf Maintenance on account of services that it provided to you before termination. Any termination under this Paragraph applies to the Property only and not to other properties at which Eastern Turf Maintenance may provide services to you.
6. Recorded Telephone Calls. You consent to Eastern Turf Maintenance’s monitoring and recording of telephone calls between you and its employees for quality control, training, and customer- service purposes.
7. Limitation of Liability. Neither you nor Eastern Turf Maintenance, in any event, will be liable to the other for indirect damages, general damages, consequential damages, punitive damages, lost profits, or costs and expenses related to the procurement of substitute services, whether arising in contract, tort, or under any other theory of law. You agree that Eastern Turf Maintenance’s total liability for any and all claims, damages, injuries, expenses that you incur or allegedly incur that arise out of or relate to the services provided to you by Eastern Turf Maintenance will not exceed $1,000.
8. Duty to Inspect. You have a duty to inspect the Property within 7 days after Eastern Turf Maintenance’s services have been provided. If you believe that Eastern Turf Maintenance provided deficient services, then you must notify Eastern Turf Maintenance in writing within 10 days of the date on which the services were provided. If you do not, then the services will be deemed to have been provided in full compliance with all applicable requirements, and you will waive any actual or potential claim that you may possess based on any alleged inadequacy of or deficiency in the services provided.
9. Notice to Tenants, Employees, and Invitees. To the extent necessary, you will notify all tenants, employees, visitors, or any other invitee at the Property of scheduled services before the date of such scheduled services.
10. No Warranties. Eastern Turf Maintenance makes no warranty or representation of any kind, expressed or implied, concerning either the products used or the services performed, including no implied warranty of merchantability or fitness of the product for any particular purpose, and no such warranty will be implied by law, usage of trade, course of performance, course of dealing, or on any other basis.
11. No Assignment. You may assign your agreement with Eastern Turf Maintenance to any other person or entity without Eastern Turf Maintenance’s advance, written permission, which may be given or withheld in Eastern Turf Maintenance’s sole discretion.
12. Your Services Program. Specific products, rates of application, and methods of application will vary with the season, weather conditions, and the needs of your lawn as determined by Eastern Turf Maintenance. Your regularly scheduled programs may be modified depending on the weather and the condition of your lawn.
13. Class Action Waiver. Any claim, dispute, or controversy (“Claim”), regarding any contract, tort, statute, or otherwise arising out or relating to these terms and conditions, the services that Eastern Turf Maintenance provides you, or any other matter between you and Eastern Turf Maintenance must be pursued in your individual capacity and not as a plaintiff or class member in any purported class, collective, representative, multi-plaintiff, or similar proceeding (“Class Action”). You expressly waive any ability to maintain any Class Action in any forum.
14. Arbitration. Any Claim between you and Eastern Turf Maintenance, or against the other’s employees, agents, or assigns, must be resolved by neutral binding arbitration conducted by the American Arbitration Association (“AAA”), under the AAA’s Consumer Arbitration Rules (if you are a natural person) or the AAA’s Commercial Arbitration Rules (if you are a business entity) in effect at the time the Claim is filed (“AAA Rules”). Before submitting a Claim to arbitration, you or Eastern Turf Maintenance must provide written notice to the other party of the Claim and allow at least 30 days for informal resolution. The demand for arbitration must be made within a reasonable time after the dispute has arisen, and it may not, in any event, be made more than one year after the complaining party knew or should have known of the Claim or the facts that form the basis of the Claim. You will be responsible for paying your own attorneys’ fees, costs, and expenses, and Eastern Turf Maintenance will be responsible for paying its own attorneys’ fees, costs, and expenses. The arbitration fees and the fees paid to the arbitrator will be paid in accordance with the AAA Rules. The AAA rules and arbitration forms may be obtained from AAA’s website, www.adr.org, or by calling 1 (800) 778-7879. Any arbitration hearing at which the parties must appear personally will take place in Winder, Georgia. To the fullest extent allowed by law, the arbitrator will not have the power to award special, consequential, punitive, exemplary, or indirect damages against any party. The arbitrator’s power to conduct any arbitration proceeding will also be limited as follows: any arbitration proceeding under this agreement will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or premises, and will not proceed as a consolidated, class action, or multi-plaintiff action. The foregoing prohibition is an essential and integral part of this arbitration agreement and is not severable. The arbitrator’s decision will be final and binding, and judgment upon the arbitrator’s award may be entered in any court having jurisdiction. This arbitration agreement will be governed by the Federal Arbitration Act. Neither party will dispute the enforcement of this arbitration agreement or the arbitrator’s award. If either party unsuccessfully disputes the enforcement of this agreement or the arbitrator’s award, then that party will pay the attorney’s fees and costs of the other

party. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A

JUDGE OR JURY DECIDE YOUR CASE, BUT YOU HAVE CHOSEN TO HAVE ANY

DISPUTES DECIDED THROUGH ARBITRATION. YOUR AGREEMENT TO ARBITRATE WILL SURVIVE THE TERMINATION OF THIS OR ANY OTHER AGREEMENT BETWEEN YOU AND EASTERN TURF MAINTENANCE.

Any and all disputes that may arise out of, are related to or concern any agreement, services or work provided by Green Group Holdings LLC dba “Eastern Turf Maintenance” shall be exclusively resolved and determined under the laws of the State of Georgia, regardless of any conflicting choice of law or other jurisdictional law provisions of any jurisdiction, and any action to enforce, interpret or resolve any dispute in court shall be brought in the state courts, not federal courts, of Fulton County, State of Georgia, and all parties to the agreement irrevocably consent to the jurisdiction and venue of such courts as part of the terms and conditions of the agreement with Green Group Holdings LLC dba “Eastern Turf Maintenance”, and expressly waive any challenge to such jurisdiction and venue, including for inconvenient forum and/or diversity jurisdiction

Notwithstanding the foregoing, any Claim that seeks money damages of less than $500.00 will be submitted to the Magistrate Court of Fulton County, Georgia, for resolution in lieu of resolution by mandatory arbitration. You irrevocably submit to the personal jurisdiction of the Magistrate Court of Fulton County for such claims and consent to, and will not contest or challenge, the exclusive venue of that court. If the Claim is transferred or appealed from the Magistrate Court of Fulton County, then either party may elect to remove the Claim from the judicial process and submit it to mandatory arbitration in accordance with the paragraph above.

14. Entire Agreement. These terms and conditions and the information available to you in your customer account access portal (the “Contract Documents”) set forth the
15. \entire understanding between you and Eastern Turf Maintenance regarding each party’s respective rights and obligations. The Contract Documents supersede any previous negotiations between the parties, draft documents, or prior agreements related to the same subject matter as the Contract Documents. To the extent that any terms set forth in an invoice should conflict with the terms set forth in the Contract Documents, then the Contract Documents will control. No subsequent agreements or understandings, oral or written, that purport to modify the Contract Documents will be binding on the parties unless in writing and signed by you and Eastern Turf Maintenance.
    Applicable Law . This Agreement will be governed by the laws of the State of Georgia and will be construed and interpreted with its laws, notwithstanding its conflicts of laws principles or any other rule, regulation, or principle that would result in the application of any other state’s law.
16. Headings . Any headings of paragraphs of this Agreement have been included only for convenience and must not be deemed in any manner to modify or limit any of the provisions of this Agreement or be used in any manner in interpreting this Agreement.
17. Severability . If any term, covenant, or agreement in these terms and conditions are held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then the validity and enforceability of the remaining terms, provisions, covenants, or agreements will not be affected.
18. Electronic Signatures . You may sign these terms and conditions electronically. You agree and acknowledge that your electronic signature is the legal equivalent of your having signed these terms and conditions by hand. To the fullest extent allowed by law, the use of electronic signatures and electronic records, including, without limitation, any contract or other document created, generated, sent, communicated, received, or stored by electronic means, will have the same legal effect, validity, and enforceability as manually executed signatures or paper-based record-keeping systems.