For anyone who is the owner or part-owner of a landscaping company, we trust you are aware that there are certain documents you should have in place, especially if you wish to comply with commercial and consumer law. We are not suggesting that you create these documents yourself, as that would normally be a role for your commercial lawyers.
However, even if you are not creating the document, as someone who owns or manages a landscaping company, it is one of your responsibilities to ensure that it complies with the legislation that applies to the running of a landscaping company.
If, for any reason, you are unsure about any of this or any other matter about your landscaping company operating lawfully, then please discuss this with your commercial lawyer or an employment lawyer if it concerns one or more of your landscapers.
However, to give you a head start, we will highlight and outline five core legal documents that not just every landscaping company may need, but the vast majority of companies may require, regardless of what sector they operate in.
Cofounder Agreement
This first document is required if you are starting a landscaping company with one or more other people. To ensure that everyone’s interests are protected, the main points of a cofounders agreement will be what investment each of the founders has made, their respective shares of the company, and their responsibilities in running the company.
Specifics within a cofounder agreement include:
| Cofounder Details (Name, Address Etc) | Nature Of The Business | Equity Share |
| Initial Capital Investment | Roles And Responsibilities | Intellectual Property |
| Confidentiality | Non-disclosure | Dissolution, Resignation, And Removal Processes |
Term Sheet
If you are starting your landscaping company and aiming to have investors, then you may be required to create a term sheet related to that seed investment. It is a document that can precede a shareholder’s agreement as it sets out the terms of the investment and is legally binding on both parties.
The term sheet will include:
| Investor Details | Board Member Details | Shareholder Details |
| Number Of Shares | Share Class (Ordinary/Preferential) | Amount Of Investment |
| Individual Share Price | Equity Percentage | Timetable For Completion |
Shareholder Agreement
When you operate a landscaping company with shareholders, the shareholders’ agreement will govern the relationship between them. It is designed to protect shareholders’ rights and govern what should happen should any dispute arise between individual shareholders or the shareholders and those responsible for running the company.
Key elements of shareholder agreements are:
| Who Is Allowed To Become A Shareholder | Who Can Serve As A Director | Process If A Shareholder Resigns, Retires, Dies, Or Files For Bankruptcy |
| What Restrictions Apply If A Shareholder Assigns Shares To A Third Party | Company Share Valuations | Purchase Price Of Shares |
| Mediation Process | Dividend Payments | Shareholder Salaries |
Confidentiality Agreement
This is probably easier to understand as the title tells you about the agreement. Confidentiality agreements can be requested by the company both internally and externally. For example, you may require employees and contractors to sign a confidentiality agreement on a specific project they are working on or concerning the company’s bespoke designs and landscaping techniques.
You might see similar documents referred to as non-disclosure or secrecy agreements, and they all serve more or less the same purpose: to protect the company from sensitive information being shared with or divulged to third parties.
Client Services Agreement
This can be called several names, such as buyer agreement, purchaser agreement, and client contract. Still, in essence, they are all the binding agreements between your landscaping company and clients who hire you, and each one will have obligations on both parties.
Examples of your landscaping company’s obligations are the landscaping services you will provide, the timescale for completion, and warranties, to name but three. The client’s obligations include payment and enabling access so that you can carry out the work.
