Wildish Garden Co.

Terms and conditions

TERMS AND CONDITIONS
Wildish Garden Co., LLC
Effective Date: 2/14/26
Last Updated: 2/14/26

  1. ACCEPTANCE OF TERMS
    Welcome to Wildish Garden Co., LLC (“Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website, services, and any related content (collectively, the “Services”).
    By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
    We reserve the right to modify these Terms at any time. Your continued use of our Services after changes are posted constitutes acceptance of the modified Terms.
  2. DESCRIPTION OF SERVICES
    Wildish Garden Co., LLC provides garden design and installation services, including but not limited to:
  • Garden design consultations
  • Landscape planning and design
  • Garden installation and maintenance
  • Ecosystem-friendly garden creation
  • Permaculture design services
  • Related horticultural services
    Our Services may evolve over time, and we reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.
  1. ELIGIBILITY
    You must be at least 18 years of age to use our Services or enter into a contract with us. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
  2. USE OF WEBSITE
    4.1 Permitted Use
    You may use our website for lawful purposes only and in accordance with these Terms. You agree not to:
  • Use the website in any way that violates any applicable federal, state, local, or international law or regulation
  • Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the website
  • Attempt to gain unauthorized access to any portion of the website or any systems or networks connected to the website
  • Introduce viruses, trojans, worms, or other malicious code
  • Use any automated system, including robots or spiders, to access the website without our prior written permission
  • Collect or harvest any personally identifiable information from the website
  • Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
    4.2 User Accounts
    If you create an account on our website, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
  1. INTELLECTUAL PROPERTY RIGHTS
    5.1 Company Content
    All content on our website, including but not limited to text, graphics, logos, images, photographs, videos, garden designs, and software, is the property of Wildish Garden Co., LLC or its licensors, unless otherwise specified, and is protected by copyright, trademark, and other intellectual property laws.
    You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of our content without our prior written consent, except as follows:
  • You may print or download one copy of a reasonable number of pages for your own personal, non-commercial use
  • If we provide social media features, you may share content as permitted by those features
  • If we feature external links to other publications, you may share that as well.
    5.2 Garden Designs
    All garden designs, plans, drawings, and specifications created by Wildish Garden Co., LLC remain our intellectual property unless explicitly transferred to you in writing as part of a service agreement.
    5.3 Trademarks
    “Wildish Garden Co.” and our logo are trademarks of Wildish Garden Co., LLC. You may not use our trademarks without our prior written permission.
  1. SERVICE AGREEMENTS AND CONTRACTS
    6.1 Proposals and Quotes
    Any proposals, quotes, or estimates provided by us are valid for 30 days from the date of issuance unless otherwise stated. Quotes are based on the information provided to us and may be subject to change if site conditions differ from what was represented.
    6.2 Contractual Terms
    Specific terms for garden design and installation services will be set forth in separate written agreements or contracts. In the event of any conflict between these Terms and a separate service agreement, the service agreement shall control with respect to those specific services.
    6.3 Payment Terms
    Payment terms will be specified in individual service agreements. Unless otherwise agreed in writing:
  • Design consultation fees are due at the time of service
  • Project deposits are required before work commences
  • Final payment is due within 30 days of project completion
  • Late payments may be subject to interest charges as permitted by law
    6.4 Changes to Scope of Work
    Any changes to the agreed-upon scope of work must be requested in writing and approved by both parties. Changes may result in additional charges and timeline adjustments.
  1. CANCELLATION AND REFUND POLICY
    7.1 Client Cancellation
  • Cancellations made more than 48 hours before a scheduled consultation will receive a full refund of any deposit
  • Cancellations made within 48 hours of a scheduled consultation may forfeit the deposit
  • Once work has commenced on a project, cancellation terms will be governed by the specific service agreement
    7.2 Company Cancellation
    We reserve the right to cancel or refuse service at our discretion. In such cases, we will provide a full refund of any payments made.
  1. WARRANTIES AND DISCLAIMERS
    8.1 Service Warranty
    We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. Any warranty on plants, materials, or installations will be specified in the service agreement.
    8.2 Plant Survival
    We do not guarantee the survival of plants after installation. Plant health depends on many factors including weather, soil conditions, proper maintenance, and care after installation. Specific plant warranties, if any, will be outlined in the service agreement.
    8.3 Website Disclaimer
    OUR WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
    We do not warrant that:
  • Our website will function uninterrupted, secure, or error-free
  • Defects will be corrected
  • The website or servers are free of viruses or harmful components
  • The results of using our Services will meet your requirements
    8.4 Third-Party Content
    Our website may contain links to third-party websites or resources. We are not responsible for the content, products, or services provided by third parties. Links to third-party sites do not constitute an endorsement.
  1. LIMITATION OF LIABILITY
    TO THE FULLEST EXTENT PERMITTED BY LAW, WILDISH GARDEN CO., LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:
  • Your access to or use of or inability to access or use our Services
  • Any conduct or content of any third party on our website
  • Unauthorized access, use, or alteration of your transmissions or content
    IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO OUR SERVICES EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
    Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
  1. INDEMNIFICATION
    You agree to defend, indemnify, and hold harmless Wildish Garden Co., LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
  • Your violation of these Terms
  • Your use of our Services
  • Your violation of any rights of another party
  • Your violation of any applicable laws or regulations
  1. PROPERTY ACCESS AND SITE CONDITIONS
    11.1 Access
    By engaging our services, you grant us reasonable access to your property for the purpose of providing garden design and installation services during agreed-upon times.
    11.2 Site Conditions
    You are responsible for:
  • Disclosing any known hazards or special conditions on your property
  • Ensuring that underground utilities are marked before excavation work begins
  • Obtaining any necessary permits or approvals required by local authorities
  • Informing us of any pets or other conditions that may affect our ability to work safely
    11.3 Existing Conditions
    We are not responsible for damage to existing underground utilities, irrigation systems, or other hidden conditions not disclosed to us prior to commencing work.
  1. FORCE MAJEURE
    We shall not be liable for any failure or delay in performing our obligations under these Terms or any service agreement due to circumstances beyond our reasonable control, including but not limited to acts of God, severe weather conditions, natural disasters, war, civil disturbance, government actions, or labor disputes.
  2. DISPUTE RESOLUTION
    13.1 Informal Resolution
    In the event of any dispute, claim, or controversy arising out of or relating to these Terms or our Services, the parties agree to first attempt to resolve the matter through good faith negotiations.
    13.2 Governing Law
    These Terms shall be governed by and construed in accordance with the laws of Massachusetts, without regard to its conflict of law provisions.
    13.3 Jurisdiction
    You agree that any legal action or proceeding relating to these Terms or our Services shall be brought exclusively in the state or federal courts located in Franklin County and Massachusetts, and you consent to the jurisdiction of such courts.
  3. SEVERABILITY
    If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
  4. WAIVER
    Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
  5. ENTIRE AGREEMENT
    These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and Wildish Garden Co., LLC regarding our Services and supersede all prior agreements and understandings, whether written or oral.
  6. ASSIGNMENT
    You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent. We may assign these Terms without restriction.
  7. CONTACT INFORMATION
    If you have any questions about these Terms, please contact us:
    Wildish Garden Co., LLC
    183 S. Shelburne Rd, Shelburne Falls, MA 01370
    Email: hello@wildishgarden.co
  8. ACKNOWLEDGMENT
    BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.​​​​​​​​​​​​​​​​