Terms of service

Last Updated: December 5, 2024

General Terms and Service Access

Introduction and Definitions

These Terms and Conditions govern the relationship between Backyard Brothers, its affiliated entities (hereinafter "the Company," "we," "us," or "our"), and any person or entity receiving services (hereinafter "Client," "you," or "your"). The Company operates through Backyard Brothers, LLC and/or Backyard Brothers Group, LLC, based in Spring Branch, Texas. By engaging our services, you acknowledge and agree to these terms in their entirety.

Service Scope and Customization

The Company provides various outdoor living services, including pool maintenance, construction, and related property improvements. Service plans and scope are established on an individual basis, considering factors such as property specifications, local conditions, and specific client needs. This customized approach ensures appropriate resource allocation and service delivery while maintaining operational efficiency. The Company reserves the right to adjust service parameters based on evolving project requirements or circumstances.

Property Access and Security

Clients must provide reliable access to their property on scheduled service days. The Company strongly recommends combination locks for security and efficient service delivery. While we can work with various access methods, we prioritize the safety of both client property and our personnel. Our technicians are prohibited from retaining client keys. The Company maintains strict protocols regarding property access information security.

Safety and Property Conditions

The Client bears responsibility for maintaining safe working conditions, including securing pets during service visits. While we respect the presence of household pets, they must be separated from work areas during service delivery. The Company reserves the right to postpone service if safety conditions are not met. Additionally, clients must inform the Company of any relevant property conditions that might affect service delivery.

Service Acceptance and Modifications

The Company reserves the right to decline service or modify service quotes based on professional assessment of project requirements and conditions. This includes the right to adjust service parameters in rural or specialized settings where standard service protocols may require modification. Any such modifications will be communicated to the Client with appropriate explanation and alternative recommendations where applicable.

Weather and Environmental Conditions

Service delivery may be modified based on weather conditions, including but not limited to freezing temperatures, lightning, or severe weather events. The Company will make reasonable efforts to maintain service schedules while prioritizing safety and equipment protection. Alternative service arrangements may be made when standard procedures are impacted by environmental conditions.

Regulatory Compliance

The Company operates in compliance with applicable state and local regulations while maintaining the flexibility to adapt to varying jurisdictional requirements. In areas where specific licensing requirements may differ, the Company maintains appropriate operational standards in accordance with industry best practices and safety protocols.

Initial Assessment and Quotations

All new service relationships begin with a professional assessment to determine appropriate service parameters. The Company reserves the right to adjust initial quotes based on this assessment and ongoing service requirements. Quotes are valid for the period specified and may be subject to revision based on changing conditions or requirements.

Communication Protocols

The Company maintains professional communication channels for service coordination and client support. Clients are expected to maintain current contact information and respond to service-related communications in a timely manner. Emergency contact protocols will be established as appropriate for the service level engaged.

Website Terms and Online Services

Website Access and Usage

Access to and use of the Backyard Brothers website (backyardbrothersgroup.com) remains subject to these terms. By accessing our website, you acknowledge understanding and acceptance of these provisions. The Company maintains sole discretion regarding website access and content management. Website availability and functionality remain subject to modification without prior notice based on operational requirements.

Online Service Engagement

Service inquiries and engagement through our website constitute preliminary communication only. Formal service relationships require completion of our standard onboarding process and acceptance of comprehensive service terms. While website information strives for accuracy, specific service terms, pricing, and availability remain subject to formal confirmation. The Company maintains discretion in establishing service relationships regardless of preliminary website communications.

Content Accuracy and Updates

Website content remains subject to update without prior notice. While we maintain reasonable efforts toward accuracy, website information serves general informational purposes only. Specific service terms, pricing, and availability require direct confirmation. Historical information presented on the website may not reflect current conditions. Users maintain responsibility for verifying current information through direct Company contact.

Third-Party Tools and Links

Our website may incorporate third-party tools or links serving operational or informational purposes. Such tools and links operate under their respective terms and conditions. The Company maintains no control over third-party content or operations. Users accessing third-party resources through our website do so at their discretion and risk. The Company assumes no responsibility regarding third-party resource accuracy or reliability.

User Submissions and Communication

Any content submitted through our website, including comments, suggestions, or inquiries, becomes Company property without restriction or compensation. The Company maintains discretion in managing submitted content while ensuring appropriate usage. Users maintain responsibility for submission accuracy and appropriateness. The Company reserves the right to remove or modify submitted content without notice.

Prohibited Website Usage

Website usage must comply with applicable laws and reasonable usage standards. Prohibited activities include unauthorized data collection, system interference, malicious code transmission, or misrepresentation of identity or information. The Company maintains discretion in determining appropriate usage and may restrict access based on usage concerns. Users remain responsible for maintaining appropriate usage standards.

Online Transaction Processing

Online payment processing incorporates appropriate security measures while remaining subject to payment processor terms and conditions. The Company maintains discretion in accepting or declining online transactions. Transaction completion remains subject to verification and acceptance through standard Company procedures. Users maintain responsibility for providing accurate transaction information.

Electronic Communication

Electronic communication through our website remains subject to standard business communication protocols. While we maintain appropriate response procedures, communication through website channels does not guarantee specific response timeframes. The Company maintains discretion in managing electronic communications while ensuring appropriate business operations.

Website Availability and Modification

Website availability and functionality remain subject to modification based on operational requirements. The Company maintains no guarantee regarding continuous or uninterrupted website access. Service interruptions may occur without prior notice for maintenance or operational reasons. Users acknowledge these limitations while maintaining responsibility for managing their service needs through appropriate channels.

Integration with Service Terms

These website terms operate in conjunction with our comprehensive service terms. Where conflict exists between terms, comprehensive service terms prevail regarding service relationships. Website terms govern online interaction aspects while service terms govern actual service delivery. The Company maintains discretion in resolving any apparent conflicts between term sets while ensuring consistent operations.

This concludes our website terms. Physical service delivery remains governed by our comprehensive service terms provided separately. The Company maintains discretion in interpreting and applying all terms while ensuring consistent and appropriate business operations.

Service Execution and Equipment Policies

Service Schedule Management

The Company maintains regular service schedules designed to optimize delivery efficiency and client satisfaction. Holiday observations include but are not limited to Thanksgiving, Christmas Eve, and Christmas Day. Services scheduled for these dates will be completed within the same service week. Special scheduling requests must be submitted with adequate notice for consideration, and the Company retains discretion in accommodating such requests based on operational capacity.

Equipment Operation and Maintenance

The proper functioning of pool and outdoor equipment is fundamental to service delivery. Clients must maintain minimum equipment operation standards, including adequate circulation times varying by season and specific installation requirements. The Company reserves the right to establish minimum equipment operation parameters necessary for maintaining water quality and system integrity. These requirements may be adjusted based on specific conditions, usage patterns, and environmental factors.

Safety Standards and Compliance

While the Company implements comprehensive safety protocols, clients acknowledge that pools and outdoor features present inherent risks. The Company strongly advises maintaining appropriate safety measures, including functional gates, barriers, and monitoring systems. Automatic safety features, while beneficial, should not be relied upon as primary safety measures. The Company's services do not substitute for proper safety oversight by property owners.

Service Access Requirements

Service delivery requires unobstructed access to relevant equipment and areas. The Company may establish specific access requirements based on service type and property configuration. Failure to provide appropriate access may result in abbreviated service delivery or rescheduling. The Company maintains discretion in determining whether access conditions are sufficient for safe and effective service delivery.

Water Level Management

Proper water levels are essential for equipment operation and service delivery. While the Company monitors water levels during service visits, ongoing water level maintenance remains the client's responsibility. The Company may recommend automatic leveling devices but assumes no responsibility for their installation or operation unless specifically contracted for such service.

Chemical Treatment and Balance

The Company maintains appropriate chemical treatment protocols based on industry standards and specific installation requirements. Treatment methods and frequencies may be adjusted based on usage patterns, environmental conditions, and equipment configurations. The Company reserves the right to modify treatment protocols as necessary to maintain appropriate water quality and system integrity.

Filter Maintenance Requirements

Regular filter maintenance is essential for system operation and warranty compliance. The Company establishes appropriate maintenance schedules based on system configuration and usage patterns. Filter maintenance services may be required at specified intervals as a condition of ongoing service agreements. The Company retains discretion in determining maintenance requirements necessary for proper system operation.

Equipment Assessment and Repair

Service technicians are authorized to operate and assess equipment but may not perform repairs or modifications without specific authorization. When equipment issues are identified, the Company will notify the client and may recommend appropriate repair services. The Company maintains discretion in determining whether equipment conditions allow for safe and effective service delivery.

Service Modifications and Adjustments

The Company reserves the right to modify service delivery methods based on property conditions, equipment status, and environmental factors. Such modifications will be implemented to maintain service effectiveness while ensuring operational safety and efficiency. Clients will be notified of significant modifications that affect service delivery or outcomes.

Operational Policies

Service Standards Framework

Our operational framework establishes comprehensive service delivery standards while maintaining necessary flexibility for unique property requirements. Each service location presents distinct characteristics requiring appropriate adaptation of standard protocols. The Company maintains discretion in determining appropriate service methods based on property conditions, equipment configurations, and safety considerations. Service delivery incorporates established quality assurance measures while allowing for property-specific adaptations necessary for optimal outcomes.

Documentation and Records

Service documentation remains fundamental to maintaining service quality and consistency. Each service location maintains comprehensive records documenting equipment specifications, service history, and specific property requirements. Technicians record relevant service details during each visit, ensuring service continuity and appropriate tracking of maintenance requirements. While documentation remains Company property, information management prioritizes both operational efficiency and client interests. The Company maintains discretion in establishing documentation requirements appropriate to specific service circumstances.

Equipment Standards and Operation

Equipment operation and maintenance requirements derive from manufacturer specifications and industry best practices. Proper equipment operation requires adherence to established run time requirements and maintenance schedules. The Company maintains discretion in establishing operational requirements necessary for equipment integrity and service effectiveness. Chemical treatment methods and water level maintenance remain subject to Company protocols based on specific equipment configurations and operating conditions.

Quality Assurance and Verification

Our comprehensive quality assurance program encompasses regular service evaluation and performance verification. Service delivery undergoes systematic review ensuring compliance with established standards while maintaining appropriate efficiency. The Company retains discretion in implementing quality assurance measures appropriate to specific service circumstances. Quality verification includes regular assessment of equipment operation, service documentation, and safety compliance.

Property Access and Security

Property access protocols prioritize security while ensuring efficient service delivery. The Company maintains strict protocols regarding access information management and security compliance. Emergency access procedures ensure appropriate service capability while maintaining property security. Access verification methods remain subject to Company discretion based on specific property requirements and security considerations.

Service Time and Schedule Management

Schedule management integrates route efficiency considerations with specific service requirements and environmental conditions. The Company maintains discretion in establishing service schedules appropriate to operational requirements while considering client preferences. Weather conditions, holiday schedules, and emergency response capabilities factor into schedule determinations. Service timing remains subject to adjustment based on operational requirements and safety considerations.

Emergency Response and Special Conditions

Our emergency response framework provides systematic approaches to service interruptions and equipment failures. Response protocols consider severity, safety implications, and resource availability. The Company maintains discretion in determining appropriate emergency response measures based on specific circumstances. Weather-related service modifications remain subject to Company determination based on safety considerations and operational capabilities.

Service Personnel and Training

Service personnel maintain appropriate training in operational protocols, safety procedures, and emergency response. The Company retains discretion in establishing training requirements appropriate to service responsibilities. Ongoing skill development ensures maintenance of service capabilities while adapting to evolving industry standards. Personnel qualification requirements remain subject to Company determination based on service requirements and regulatory considerations.

Service Modification and Adaptation

Service delivery remains subject to modification based on environmental conditions, equipment status, and safety considerations. The Company maintains discretion in implementing service modifications necessary for appropriate outcomes. Adaptation protocols ensure service effectiveness while maintaining safety and efficiency standards. Modification requirements remain subject to Company determination based on specific service circumstances.

Client Partnership Guidelines

Communication Standards

The effectiveness of our service delivery depends significantly on clear, timely communication between clients and the Company. Primary communication channels include our designated phone number, email address, and emergency contact protocols. While we maintain systematic response procedures, communication priority reflects service urgency and safety considerations. The Company retains discretion in establishing appropriate response timeframes based on communication content and operational requirements.

Property Preparation Requirements

Successful service delivery requires appropriate property preparation and maintenance of safe working conditions. Clients maintain responsibility for securing pets during service visits, ensuring appropriate equipment access, and maintaining basic property conditions necessary for service delivery. The Company retains discretion in determining whether property conditions allow for safe and effective service delivery. Preparation requirements remain subject to adjustment based on specific service circumstances and safety considerations.

Service Expectations Management

While the Company maintains high service standards, certain factors may affect service delivery timing and methods. Weather conditions, emergency requirements, and equipment status may necessitate service adjustments. The Company maintains discretion in implementing service modifications while ensuring appropriate client notification. Service expectations should reflect seasonal variations, weather impacts, and reasonable adaptation requirements.

Referral and Review Policies

Client referrals and service reviews contribute significantly to our business development. While we appreciate positive recommendations, we maintain strict ethical standards regarding review solicitation and referral management. The Company retains discretion in managing referral programs and review responses. Participation in referral programs remains subject to specific terms separate from standard service agreements.

Client Education and Resources

Understanding pool and outdoor system operation enhances service effectiveness and system longevity. The Company provides appropriate guidance regarding basic system operation, maintenance requirements, and safety considerations. While we maintain comprehensive service capabilities, client familiarity with basic system operation supports optimal outcomes. Educational resources remain subject to Company discretion based on service requirements and client needs.

Service Completion Standards

Service completion requires satisfaction of established quality standards while maintaining operational efficiency. The Company retains discretion in determining appropriate completion parameters based on service type and specific circumstances. While we maintain systematic quality verification procedures, completion standards remain subject to reasonable adaptation based on service conditions and requirements.

Financial Terms and Contract Provisions

Payment Terms and Processing

The Company implements standardized billing cycles based on service frequency and project scope. Regular service billing operates on a monthly basis with provisions for quarterly adjustments as necessary. Unless otherwise specified in writing, all payments are processed electronically through authorized payment methods. The Company maintains discretion in establishing payment requirements and processing methods appropriate to specific service arrangements.

Service Rate Structure

Service rates are established based on comprehensive evaluation of project requirements and service parameters. The Company reserves the right to adjust rates with appropriate notice based on market conditions, service requirements, or operational factors. Rate modifications for ongoing services typically require thirty days advance notice, though immediate adjustments may be implemented when necessitated by extraordinary circumstances or substantial changes in service requirements.

Project Quotes and Estimates

Project quotes remain valid for the period specified and may be subject to revision based on changing conditions or requirements. The Company maintains discretion in quote provision and may decline to quote services based on professional assessment of project viability or resource availability. Quote acceptance may be subject to additional terms specific to project scope and requirements.

Additional Service Charges

Services extending beyond standard scope parameters may incur additional charges at rates determined by service type and resource requirements. Emergency service requests, after-hours support, and specialized service requirements may be subject to premium rate schedules. The Company maintains discretion in determining appropriate rate applications based on service circumstances and resource allocation requirements.

Contract Terms and Duration

Service agreements remain effective until terminated by either party according to specified notice requirements. The Company reserves the right to establish minimum service periods based on service type and project requirements. Contract terms may be subject to modification based on changing service requirements or operational parameters, with appropriate notice provided for substantial modifications.

Service Suspension and Termination

The Company maintains the right to suspend or terminate services based on payment status, safety considerations, or operational requirements. Service suspension or termination notices will be provided according to established protocols, though immediate action may be taken when warranted by safety concerns or regulatory requirements. The Company retains discretion in establishing requirements for service reinstatement following suspension.

Dispute Resolution

Service or billing disputes shall be addressed through established resolution protocols, beginning with direct communication and progressing through mediation if necessary. The Company maintains discretion in dispute resolution approaches while ensuring fair consideration of all parties' interests. Formal dispute resolution processes may be subject to specific procedural requirements and jurisdictional limitations.

Financial Responsibility

Clients maintain responsibility for authorized service charges and any associated collection costs. The Company reserves the right to implement appropriate measures for managing payment delinquency, including service suspension and collection proceedings. Payment arrangements may be considered based on specific circumstances and Company discretion.

Marketing Content and Representation Disclaimers

Website Information Purpose and Limitations

All marketing content, project galleries, testimonials, and service descriptions presented through our website, social media platforms, and marketing materials serve general informational purposes only. This content does not constitute binding contractual commitments, specific performance guarantees, or warranties beyond those explicitly provided in written service agreements. Every project presents unique circumstances based on site conditions, environmental factors, local regulations, and individual requirements that may significantly affect outcomes, timelines, and results.

Timeline and Completion Representations

Project timeline references, completion estimates, and scheduling information presented in our marketing materials represent typical durations under favorable conditions and should not be interpreted as guaranteed completion dates. Actual project timelines vary considerably due to weather patterns, municipal permit processing schedules, material availability, site-specific conditions, utility coordination requirements, and customer modification requests. Past project completion times featured in case studies or testimonials reflect specific circumstances that may not predict future project timelines or apply to different project types or locations.

Quality and Workmanship Marketing Claims

Construction Quality Standards

References to quality construction, professional workmanship, or superior results in our marketing materials indicate our commitment to industry-recognized construction practices, local building code compliance, and manufacturer installation specifications. These references do not guarantee perfect results, elimination of all potential construction variables, or immunity from normal material characteristics such as natural settling, curing processes, or aging patterns that affect all construction projects over time.

Material and Appearance Expectations

Natural construction materials including concrete, stone, tile, and other components exhibit inherent variations in color, texture, finish quality, and long-term appearance that cannot be completely controlled or eliminated through construction processes. Marketing photographs may be enhanced through professional photography techniques, optimal lighting conditions, or timing that presents projects at their most favorable appearance and may not represent typical daily conditions or long-term weathering patterns.

Customer Testimonial and Review Limitations

Individual Experience Disclaimers

Customer testimonials, reviews, and project endorsements presented in our marketing materials represent individual customer experiences and opinions that may not reflect typical outcomes or guarantee similar results for other customers or projects. These testimonials reflect customer perceptions and satisfaction levels that may be influenced by subjective factors including personal preferences, aesthetic judgments, and individual expectations that vary significantly among different customers and project types.

Results and Satisfaction Variables

Customer satisfaction expressed in testimonials depends on numerous factors including project complexity, site conditions, customer involvement in decision-making processes, maintenance compliance, and individual expectations that cannot be replicated or guaranteed for other customers. Testimonial content may be edited for length, clarity, or appropriateness while maintaining the essential customer message, and reflects specific project circumstances that may not apply to other situations or locations.

Photographic and Visual Content Disclaimers

Project Photography Representations

Photographs and videos featured in our marketing materials may include professional staging, optimal lighting conditions, seasonal timing, or enhanced presentation techniques that present projects under ideal circumstances. These images may not reflect typical daily appearance, long-term weathering effects, normal usage patterns, or maintenance requirements that affect all outdoor construction projects over time.

Before and After Comparisons

Before and after project photographs may show different seasonal conditions, lighting situations, weather patterns, or time periods that enhance visual impact but do not guarantee similar transformations for other properties or reflect the full range of factors affecting project outcomes. These comparisons may include additional improvements, landscaping, or modifications by others that are not part of our contracted scope of work.

Pricing and Cost Information Limitations

Estimate and Pricing Disclaimers

Pricing information, cost ranges, or budget estimates presented in marketing materials represent general guidance based on typical project parameters and market conditions at the time of publication. Actual project costs may vary significantly based on site-specific conditions, material selections, permit requirements, utility coordination needs, and customer preferences that cannot be determined without detailed site evaluation and project planning.

Hidden Cost and Variable Disclosures

While our pricing aims for transparency, additional costs may arise from unforeseen site conditions, permit or inspection requirements, utility relocation needs, soil condition discoveries, or customer change requests that cannot be anticipated during initial planning phases. Market fluctuations in material costs, labor rates, and regulatory requirements may affect final project costs regardless of initial estimates or promotional pricing information.

Professional Credential and Certification Claims

Licensing and Certification Accuracy

Professional licenses, certifications, industry memberships, or credentials referenced in marketing materials reflect current status as of publication date and remain subject to verification through appropriate regulatory bodies or professional organizations. These credentials apply to specific individuals or entities as indicated and may be subject to renewal requirements, continuing education obligations, or regulatory changes that affect their status or applicability.

Industry Recognition and Award Claims

Awards, recognitions, or industry rankings mentioned in marketing materials include specific dates, criteria, and sponsoring organizations for verification purposes. These achievements reflect past performance or recognition that does not guarantee future results, ongoing performance levels, or superior outcomes for individual customers or projects compared to other qualified contractors or service providers.

Warranty and Guarantee Marketing Representations

Warranty Scope and Limitation Clarifications

Warranty references in marketing materials are subject to comprehensive written warranty documents provided with service agreements that specify exact coverage terms, duration limits, maintenance requirements, and exclusion conditions. Marketing content cannot modify, extend, or supersede written warranty terms, and warranty activation requires completion of all contractual obligations including final payment and project acceptance procedures.

Performance Guarantee Limitations

Performance guarantees or satisfaction commitments referenced in marketing materials apply within the specific parameters established in written service agreements and are subject to reasonable industry standards, proper maintenance compliance, and normal usage patterns. These guarantees do not extend to subjective aesthetic preferences, unrealistic performance expectations, or circumstances beyond our reasonable control including weather damage, misuse, or lack of proper maintenance.

Competitive Comparison and Superiority Claims

Industry Comparison Disclaimers

Comparisons to competitors, industry standards, or market positioning presented in marketing materials reflect our understanding of market conditions as of publication date and may not account for all variables affecting comparison validity or accuracy. These comparisons are based on publicly available information, industry publications, or professional assessments that may become outdated or incomplete over time.

Superiority and Leadership Claims

References to market leadership, superior quality, or competitive advantages represent our professional assessment based on specific criteria, time periods, or geographical areas that should be verified independently. These claims reflect our commitment to excellence rather than objective third-party rankings or comprehensive market analysis, and individual customer experiences may vary based on specific project requirements and circumstances.

Texas Deceptive Trade Practices Act Compliance

Consumer Protection Law Acknowledgment

Our marketing practices are designed to comply with Texas Deceptive Trade Practices Act requirements and Federal Trade Commission guidelines governing truthful advertising. We do not intend to misrepresent service characteristics, make false claims about professional credentials, misstate warranty terms, or engage in unconscionable business practices through our marketing communications or customer interactions.

Consumer Rights Preservation

These marketing disclaimers do not waive or limit consumer rights under Texas Deceptive Trade Practices Act, other consumer protection laws, or applicable warranty statutes. Customers retain all legal rights and remedies provided by law, and these disclaimers serve to establish reasonable expectations and clarify the informational nature of marketing content rather than restrict legal protections.

Digital Marketing and Social Media Disclaimers

Social Media Content Limitations

Content shared through social media platforms, including project posts, customer interactions, and promotional materials, operates under the same disclaimers applicable to all marketing content. Social media engagement does not create binding commitments, modify service terms, or establish warranty obligations beyond those specified in written agreements.

User-Generated Content and Reviews

Customer posts, reviews, or comments on our social media platforms or third-party review sites represent individual opinions that we cannot control, verify, or guarantee for accuracy. Our responses to social media content or reviews do not constitute modification of service terms, warranty extensions, or binding commitments beyond our written service agreements.

Legal Integration and Compliance Framework

Marketing Content Integration with Service Terms

These marketing disclaimers operate in conjunction with our comprehensive service terms and project agreements. Where conflicts exist between marketing content and written service agreements, the written service agreements prevail regarding actual service delivery, warranty coverage, and legal obligations between parties.

Modification and Update Rights

Marketing content, including these disclaimers, remains subject to modification based on regulatory changes, industry developments, or operational requirements. Updated disclaimers apply to marketing content published after modification dates, while existing service relationships remain governed by terms in effect at the time of agreement execution.

Legal Provisions and General Terms

Liability Parameters

The Company's liability for any claims arising from service delivery or project execution shall be limited to the extent permitted by applicable law. While maintaining appropriate insurance coverage, the Company's aggregate liability shall not exceed service fees paid for the specific service period or project component in question. This limitation applies to all claims regardless of their nature, except where prohibited by law.

Property Rights and Access

By engaging the Company's services, clients grant necessary access rights for service delivery while retaining property ownership responsibilities. The Company assumes no ongoing property maintenance obligations beyond specifically contracted services. Property access rights terminate upon service completion or contract termination, with clients maintaining responsibility for property security and access control.

Warranty Terms

Service warranties apply as specified in individual service agreements or project contracts. Warranty coverage requires adherence to prescribed maintenance requirements and appropriate usage parameters. The Company maintains discretion in warranty administration and may require documentation of compliance with specified maintenance and operation requirements. Warranty terms may be void if unauthorized modifications or repairs are performed.

Force Majeure Events

Service obligations may be suspended during events beyond reasonable control, including but not limited to severe weather, natural disasters, or public emergencies. The Company maintains discretion in determining appropriate service modifications during such events while striving to restore normal service delivery when conditions permit. Force majeure events may necessitate service term modifications or emergency response protocols.

Intellectual Property Rights

The Company retains all intellectual property rights related to service methods, technical documentation, and proprietary processes. Service engagement does not convey rights to Company intellectual property beyond necessary service implementation. Clients agree not to reproduce or distribute Company materials without explicit authorization.

Privacy and Data Management

Client information management adheres to applicable privacy requirements while maintaining operational effectiveness. The Company implements appropriate data security measures while retaining necessary operational flexibility. Information sharing remains limited to legitimate business purposes and regulatory requirements.

Regulatory Compliance

Services are delivered in accordance with applicable regulations while maintaining operational efficiency. The Company reserves implementation discretion within regulatory parameters and may modify service delivery to ensure compliance. Regulatory requirements may necessitate service adjustments or additional client obligations.

Modification Rights

These terms remain subject to modification based on operational requirements or regulatory changes. The Company maintains modification rights while providing appropriate notice of substantial changes. Continued service engagement following modifications constitutes acceptance of updated terms.

Severability Provisions

Term invalidity or unenforceability shall not affect remaining provisions, which maintain full force and effect. The Company retains discretion in implementing appropriate term modifications while maintaining operational effectiveness. Invalid terms may be replaced with valid provisions serving similar purposes.

Governing Law

These terms shall be governed by applicable state law without regard to conflict of law principles. Jurisdiction for any proceedings shall reside in appropriate courts serving Spring Branch, Texas. The Company maintains discretion in pursuing appropriate legal remedies while preferring amicable dispute resolution.

Complete Agreement

These terms, together with specific service agreements and written modifications, constitute the complete agreement between parties. Prior discussions or representations not explicitly included in written agreements do not form part of the service agreement. The Company maintains discretion in clarifying term applications while ensuring consistent service delivery.

Term Survival

Applicable provisions survive service termination or agreement expiration as necessary for appropriate effect. The Company maintains discretion in determining surviving term applications while ensuring appropriate obligation fulfillment. Post-termination obligations remain enforceable according to their terms.

Rate Guarantees and Adjustments

While the Company strives to maintain stable service rates, long-term rate guarantees are subject to limitations and may be adjusted based on market conditions or operational requirements. Rate adjustment notifications will be provided according to established protocols, with consideration given to client relationships and service history. The Company maintains discretion in implementing rate adjustments necessary for sustainable service delivery.

Dispute Resolution Framework

All disputes arising from or relating to Company services shall be resolved through a mandatory three-tier dispute resolution process. Parties agree to pursue resolution in good faith through these progressive steps before seeking other remedies. Time periods specified herein may be modified only by mutual written agreement.

Initial Resolution Period

Parties must first attempt to resolve any dispute through direct communication. The disputing party shall provide written notice describing the dispute with reasonable detail. Parties shall engage in good faith discussions for at least thirty (30) days following notice receipt before proceeding to mediation. The Company maintains discretion in structuring initial resolution discussions while ensuring fair consideration of all positions.

Mandatory Mediation

If direct resolution proves unsuccessful, disputes must proceed to mediation before a mutually acceptable mediator in Spring Branch, Texas. Mediation shall commence within forty-five (45) days following the initial resolution period. Parties shall share mediation costs equally unless otherwise agreed. Mediation sessions remain confidential, with positions and proposals presented therein inadmissible in subsequent proceedings. The Company maintains discretion in mediator selection while ensuring appropriate expertise and impartiality.

Binding Arbitration

Disputes unresolved through mediation shall proceed to binding arbitration under American Arbitration Association rules. Arbitration shall occur in Spring Branch, Texas, before a single arbitrator. The arbitrator's decision shall be final and binding, subject only to review grounds permitted by applicable law. Parties shall share arbitration costs equally unless the arbitrator determines otherwise. The Company maintains discretion in arbitrator selection while ensuring appropriate qualifications.

Arbitration Procedures

Arbitration proceedings shall remain confidential, with all participants maintaining strict confidentiality regarding proceedings and outcomes. Discovery rights shall be limited to documents directly relevant to disputed issues. The arbitrator maintains discretion in procedural determinations while ensuring fair process opportunity. Arbitration decisions may be entered as judgments in any court having jurisdiction.

Class Action Waiver

Parties waive all rights to pursue or participate in class or consolidated actions regarding any disputes. All claims must proceed on an individual basis through the specified dispute resolution process. This waiver applies to all disputes regardless of their nature or timing. The Company maintains discretion in addressing multiple similar claims while ensuring individual consideration.

Attorney Fees and Costs

Each party bears its own attorney fees and costs through all dispute resolution phases unless otherwise specified by the arbitrator or required by law. The prevailing party in any arbitration may recover reasonable attorney fees and costs as determined by the arbitrator. The Company maintains discretion in considering fee arrangements while ensuring appropriate access to dispute resolution processes.

Venue and Jurisdiction

For any matters not subject to arbitration, parties consent to exclusive jurisdiction and venue in courts serving Spring Branch, Texas. This provision does not limit enforcement of arbitration awards in any court of competent jurisdiction. The Company maintains discretion in selecting appropriate enforcement venues while ensuring effective remedy implementation.

Final Provisions and Acknowledgment

Understanding and Acceptance

These Terms of Service constitute a legally binding agreement. By engaging our services, clients acknowledge reading and understanding these terms in their entirety. Verbal representations from any Company representative cannot modify these written terms. The Company maintains sole discretion in interpreting these terms while ensuring consistent application across service relationships.

Integration and Precedence

These Terms of Service, together with project-specific agreements and written modifications, represent the complete understanding between parties regarding service engagement. These terms supersede previous agreements or understandings unless specifically preserved in writing. Where conflict exists between documents, these terms prevail unless explicitly stated otherwise in a signed agreement. The Company retains discretion in resolving documentation inconsistencies while maintaining fairness and operational effectiveness.

Severability and Continuation

Should any provision within these terms be deemed unenforceable, remaining provisions maintain full force and effect. Unenforceable provisions shall be modified only to the extent necessary for enforceability while preserving original intent. Terms naturally extending beyond service completion, including warranty provisions and dispute resolution requirements, survive termination. The Company maintains discretion in implementing appropriate term modifications while ensuring consistent service delivery.

Notice and Acknowledgment

Clients acknowledge receiving adequate opportunity to review these terms and seek independent counsel regarding their implications. By accepting services, clients confirm their authority to enter this agreement and their intention to comply with its requirements. The Company maintains appropriate methods for documenting term acceptance while ensuring operational efficiency.

IN WITNESS WHEREOF, acceptance of these terms occurs upon the earliest of: (i) service initiation, (ii) written acceptance, (iii) digital acknowledgment through selection of the acceptance checkbox during onboarding process, whether completed independently or with assistance from Company representatives, or (iv) continuation of services following receipt of these terms. Any of these actions constitute full acceptance of all provisions contained herein.

Backyard Brothers Group, LLC and Backyard Brothers Group, LLC, d/b/a Backyard Brothers: 20540 State Highway 46 W Ste 115 # 449 Spring Branch, TX 78070 / 830-992-0095 / hello@livelifepurely.com