HG LANDSCAPE TERMS OF SERVICE

Last updated: April 29, 2026

These Terms of Service (“Terms”) apply to all services provided by HG Landscape (“Contractor”) and are incorporated by reference into every Content Creation and Brand Presentation Agreement (“Agreement”) between Contractor and Client. By signing an Agreement with HG Landscape, you confirm that you have read, understand, and agree to these Terms and to our Privacy Policy.

1. Assignment

(a) Client may not assign or transfer the Agreement or any rights under it without Contractor’s prior written consent.

(b) Any change in ownership, merger, acquisition, or sale of substantially all of Client’s assets shall be deemed an assignment requiring Contractor’s consent.

(c) Contractor may assign the Agreement without restriction.

2. Indemnification

(a) Client agrees to indemnify and hold Contractor harmless from any third-party claims, losses, or expenses (including reasonable attorney’s fees) arising from:

(i) Client’s negligence or misconduct; (ii) unsafe working conditions; (iii) Client’s failure to obtain necessary permissions or releases; (iv) Client-provided materials; or (v) Client’s unauthorized use of delivered content.

(b) Contractor agrees to indemnify and hold Client harmless from third-party intellectual property claims arising solely from content Contractor created under the Agreement, excluding claims arising from Client-provided materials, Client-directed elements, or Client’s use of content beyond the scope of the license granted in the Agreement.

3. Confidentiality

(a) Both Parties agree to maintain confidentiality of non-public business information shared during the term of the Agreement, including account credentials, business strategies, and financial information.

(b) This obligation survives termination of the Agreement for two (2) years.

4. Force Majeure

(a) Neither Party shall be liable for delays or failure to perform caused by circumstances beyond reasonable control, including severe weather, natural disasters, pandemic, government action, equipment failure, or platform outages.

(b) Force majeure events do not extend the contract term.

(c) If a force majeure event prevents performance for more than thirty (30) consecutive days, either Party may terminate the Agreement without penalty.

5. Dispute Resolution

(a) The Parties shall first attempt to resolve any dispute informally through good-faith discussion.

(b) If unresolved within thirty (30) days, either Party may request mediation. Mediation shall be conducted by a mutually agreed-upon mediator in Blount County, Tennessee, or by videoconference. The Parties shall share mediation costs equally. If the Parties cannot agree on a mediator within ten (10) days of the mediation request, either Party may select a mediator through the Tennessee Supreme Court’s Rule 31 mediation program.

(c) If mediation does not resolve the dispute within sixty (60) days of the initial mediation request, either Party may pursue any available legal remedy, including but not limited to small claims court, the Copyright Claims Board, or civil litigation.

(d) All disputes shall be subject to the jurisdiction of the courts of the State of Tennessee, with venue in Blount County, Tennessee.

(e) The prevailing party in any proceeding arising from a breach of the Intellectual Property, Post-Termination License, or Content Integrity provisions shall be entitled to recover reasonable attorney’s fees and costs.

6. Governing Law

All Agreements and these Terms shall be governed by the laws of the State of Tennessee.

7. Notices

(a) All formal notices under an Agreement (including notices of termination, non-renewal, or breach) shall be sent by email to the addresses provided at the time of signing.

(b) Notices are effective on the date sent.

8. Privacy Policy

Your use of our services and our website at hglandscapela.com is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your personal information. The Privacy Policy is available at https://hglandscape.movingstillmedia.com/privacy-policy-821834 and is incorporated by reference into these Terms. By using our services or opting in to our SMS messaging program, you acknowledge that you have read and agree to our Privacy Policy.

9. General Provisions

(a) Each Agreement, together with these Terms and our Privacy Policy, constitutes the entire agreement between the Parties with respect to the services described and supersedes all prior discussions and agreements.

(b) No modification to an Agreement is valid unless in writing and signed by both Parties.

(c) If any provision of an Agreement or these Terms is deemed unenforceable, the remaining provisions remain in full force and effect.

(d) Contractor may use qualified subcontractors but remains responsible for performance.

(e) These Terms may be updated from time to time. The version in effect at the time an Agreement is signed shall govern that Agreement for its full term.

10. SMS Messaging Program

(a) HG Landscape operates an SMS messaging program to communicate with clients and prospects who have explicitly opted in through the website contact form at https://hglandscape.movingstillmedia.com/opt-in-834308.

(b) Message types include appointment reminders, project updates, service announcements, and occasional promotional offers.

(c) Message frequency varies. Message and data rates may apply.

(d) To opt out at any time, reply STOP to any message received from HG Landscape. To request help, reply HELP or contact us at [email protected] or +1 (661) 505-0939.

(e) HG Landscape is not liable for delayed or undelivered messages. Carriers are not liable for any delays or failures in message delivery.

(f) This SMS program is intended for users 18 years of age and older.

(g) SMS consent and phone numbers collected for SMS purposes are never sold, rented, leased, or shared with third parties or affiliates for marketing purposes. For full details on how we handle phone numbers, SMS consent, and other personal information, please review our Privacy Policy.

(h) By opting in to the SMS messaging program, you also agree to the data handling practices described in our Privacy Policy.

Contact

For questions about these Terms of Service or our Privacy Policy, please contact us at:

HG Landscape

Email: [email protected]

Phone: +1 (661) 505-0939

Website: https://www.hglandscapela.com/