Mammoth Home Services LLC
Home Service Plan
Terms and Conditions
This Agreement governs the relationship between Mammoth Home Services LLC, (“Mammoth,” “we,” “us,” or “our”) and the customer (“Customer,” “you,” or “your”) with respect to the Home Service Plan (“Plan”). Upon your execution of this Agreement or remitting payment to Mammoth, you agree to the following:
Definitions.
Deck Furniture. “Deck Furniture” means a reasonable amount of outdoor furniture located on the deck, patio, or other exterior seating areas of the Home, generally limited to items such as up to six (6) chairs, one (1) table, and one (1) umbrella, or similar equivalent as reasonably determined by Mammoth.
Home. “Home” means the primary residential structure located on the Property, which is owned or lawfully occupied by the Customer and in which the Customer resides.
Property. “Property” means the land and all structures, improvements, and grounds located thereon that are the subject of this Agreement and for which the Customer has contracted Mammoth to provide Services.
Standard Height. “Standard Height” means a Home that is no more than two (2) stories in height or an equivalent vertical measurement, generally not exceeding thirty (30) feet from the lowest exterior ground level to the highest point of the roof, as determined by Mammoth.
Standard Size. “Standard Size” means a Property consisting of a Home of two thousand (2,000) square feet or fewer situated on a lot of approximately six thousand (6,000) square feet or fewer.
Term and Trial Period.
The term of this Plan is one (1) year, beginning the month following execution of this Agreement. Customer shall have a 30-day trial period (“Trial Period”) from the execution date to cancel the Plan and receive a full refund of any amounts paid, less the value of services rendered.
Cancellation.
After the Trial Period, the Customer may not cancel the Plan. Any early termination or non-use of the services to be provided under the Plan shall not entitle Customer to a refund or proration. Customer remains responsible for the full annual fee. Mammoth may cancel the Plan at any time, for any reason, at its sole discretion. In such case, any prepaid amounts for unused months shall be refunded.
Payment Terms.
Payments are due monthly on the first (1st) day of each month. Customer must provide Mammoth with a valid credit card to keep on file and expressly authorizes Mammoth to charge the card for all fees. Customers may alternatively pay in cash or certified funds; however, a valid credit card must still remain on file with Mammoth. Payments made by credit card are subject to a 3% processing fee. Failure to maintain a valid payment method or failure to pay when due shall constitute default and may result in suspension or termination of services.
Discounts and Credits.
Customers may be eligible for a 10% discount on any additional services they purchase from Mammoth. Eligibility will be determined solely at Mammoth’s discretion. Customers may also receive a $50 referral credit for each new customer who retains Mammoth and does not cancel during their Trial Period. Eligibility for a referral credit is subject to Mammoth’s final determination.
Services Provided.
Mammoth will provide the Services set forth below for a Property of Standard Size.
Snow Removal: Mammoth will remove snow from up to 1,500 square feet of the paved portion of the Property. This could include, at the Customer’s discretion, the Customer’s driveway, entry walk, and city sidewalk, provided that, together, the area from which snow is removed does not exceed 1,500 square feet. Mammoth shall use its best efforts to remove snow within 24 hours of any snowfall exceeding 2 inches. The timing of snow removal services is subject to weather conditions and other factors beyond Mammoth’s control, including but not limited to equipment issues or safety concerns. Mammoth will take all reasonable steps to perform snow removal in a timely and efficient manner; however, delays due to such circumstances shall not constitute a breach of contract. Should the Customer desire salt application, while it is not recommended, Mammoth can do so for an additional cost.
Lawn Care: Mammoth will provide weekly lawn mowing services to Customer, and will weed up to 120 square feet of Customer’s flower beds every other week. Should Customer desire additional mowing or weeding, Customer will be billed separately at a cost of $50 per service. Bush and hedge trimming are not included in the Plan.
Leaf Cleanup: Mammoth will remove leaves from the Property two times per year. Customer can elect the time at which the leaves are removed (i.e., in either spring and fall, or both in one season). Mammoth will select the dates for removal in spring and fall at its discretion.
Mulch: Mammoth will provide Customer with six (6) bags of mulch per year and will provide color options from which the Customer may select. Customer may request additional mulch for an additional charge.
Pesticide Spraying: Mammoth will apply pesticides or other insect treatments to the exterior of the Property two times per year; additional sprays or interior treatments are extra.
Deck Furniture: If applicable, Mammoth will set up and remove Customer’s Deck Furniture two times per year. Any such set up or removal shall occur during a scheduled service and with ten (10) days’ notice. Deck Furniture must be stored in a location on the Property designated by Customer, subject to Mammoth’s final approval. The designated location must be of adequate size to house the furniture and may not be in a position that risks damage to other personal property. Mammoth shall not be liable for any damage arising from the placement, set up, or removal of the Deck Furniture.
Gutters: Mammoth will clean Customer’s gutters two (2) times per year, provided the Home is of Standard Height. Mammoth reserves the right to charge additional fees should a Home exceed the Standard Height.
Sprinkler Blowout: If applicable, Mammoth will blow out a Customer’s sprinklers one time per year in the fall.
Holiday Lights: Up to four (4) times per year Mammoth will hang Customer’s holiday lights, provided the Home is of Standard Height. Any such set up or removal shall occur during a scheduled service and with ten (10) days’ notice. Customer must provide lights in working condition. Mammoth reserves the right to charge additional fees should a Home exceed the Standard Height.
Exterior Pressure Washing: Up to two (2) times per year Mammoth will pressure wash the Home, provided it is of Standard Height, subject to Mammoth’s approval of surface suitability.
Furnace Filter: Mammoth will provide one (1) standard furnace filter per month. Non-standard size filters, as determined by Mammoth, will be billed separately. Should Customer have more than one furnace, upon execution of this Agreement or remittance of payment to Mammoth, Customer must elect a single furnace for which Mammoth will provide the filter. Customer may not change this election during the Term.
Filters and Vents: Mammoth will clean dishwasher filters, dryer vents, and shower heads one time per month. Any necessary replacements may be provided upon the election of the Customer at an additional charge.
Water Softener Salt: Mammoth will provide Customer with three (3) bags of water softener salt per month. Mammoth may provide differing options from which the Customer may select.
Materials: Mammoth will select materials to be used in the performance of the Services at its discretion. Customer may request alternative materials, subject to additional charges and availability.
Additional Services: Customer is not eligible for a discount or refund if Customer performs work included in the Services or hires another entity to do so. Customer may purchase additional services “a la carte” or upgrade to higher service levels; however, Customer may not opt out of any Services in the Plan or purchase Services independently at a level of service below what is offered as part of the Plan. Any extra scope of work will be quoted and agreed upon before being performed.
Best Efforts: Snow removal, lawn care, pest spraying, and similar services are performed on a best-efforts basis, with no guarantees of timing or effectiveness.
Non-Standard Sizes: Properties larger than Standard Size and Homes taller than Standard Height may incur additional charges for Services rendered.
Scheduling and Notifications: Within ten (10) days of execution of this Agreement, Mammoth and Customer shall agree upon the regular service schedule, which shall govern performance thereafter. Mammoth will provide the services set forth in this Agreement when Mammoth is scheduled to be on the Property unless otherwise specified by the notice requirements contained in this Agreement, subject to Mammoth’s discretion. All communications and scheduling confirmations will be sent electronically to the email address supplied by Customer below. Failure to send or receive reminders does not relieve Customer of scheduled appointment obligations. The Customer may request to reschedule the date of performance of one individual service appointment per month without penalty. Any further requests to reschedule may, at Mammoth’s discretion, be denied. If Mammoth denies the request, the Customer will forfeit the affected Service without refund.
Property Access: Customer hereby authorizes Mammoth to access and enter Customer’s Home and Property in order for Mammoth to perform the Services. Customer must be present while Mammoth performs the Services unless Mammoth makes an exception in writing.
Delays: Mammoth will use its best efforts to timely perform any scheduled Service; however, Mammoth will not be liable for any delay due to circumstances beyond its control. Should there be a delay, Mammoth, at its discretion, will reschedule performance of the Services, and such delay shall not constitute breach of contract.
Photographs and Marketing: Customer authorizes Mammoth to take photographs of the Property and the Home, including interior and exterior areas, before and after services to confirm work and document condition. Customer grants Mammoth permission to use such photographs for marketing purposes, provided no personally identifiable information is shown.
Exclusions and Limitations: The Services do not include entry into or work in any area or condition that Mammoth reasonably determines to be hazardous, unsafe, or likely to put Mammoth, Customer, property, or others at risk. Services also do not include emergency response or any work beyond the scope specifically defined in this agreement. Mammoth’s decision to decline services in such circumstances shall not constitute a breach of contract and does not entitle Customer to a refund or a discount.
Liability and Indemnification: Mammoth shall not be liable for indirect, incidental, or consequential damages, including but not limited to lost property value, inconvenience, or delays. Mammoth’s liability for direct damages shall not exceed the total annual fee paid by Customer. Customer agrees to indemnify and hold harmless Mammoth, its officers, employees, and contractors from claims or damages arising from Mammoth’s performance, except in cases of gross negligence or willful misconduct.
Force Majeure: Mammoth shall not be liable for delays or failure to perform due to events beyond its reasonable control, including weather, natural disasters, labor disputes, equipment failure, pandemics, or government orders.
Governing Law and Dispute Resolution: This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflicts of law principles. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Hennepin County, Minnesota, and the parties hereby consent to the personal jurisdiction of such courts.
Attorney’s Fees: In the event of any dispute or legal action arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees, costs, and expenses incurred, in addition to any other relief to which it may be entitled. For purposes of this Agreement, Mammoth shall be considered the prevailing party unless it does not prevail on any portion of the claim it asserts.
Amendment: Mammoth may amend these Terms and Conditions at any time. Continued use of the Plan constitutes acceptance of revised terms.
Assignment: Customer may not assign this Agreement without Mammoth’s written consent. Mammoth may assign its rights at its discretion.
Severability: If any provision is found invalid, the remaining provisions shall remain enforceable.
Final Agreement: This Agreement constitutes the entire understanding between Mammoth and Customer.