THIS AGREEMENT made and entered into on the above date, by and between SUPERIOR
HARDSCAPES, LLC, 1835 N 1200 W, Middlebury, IN 46540 (hereinafter the “Contractor”),
and the above listed customer (hereinafter the “Owner”).

WITNESSETH:

WHEREAS the Owner is the fee Owner of the real estate listed above or is under
contract to purchase the same; and

WHEREAS, the Contractor is in the business of designing, creating, building,
maintaining, and managing landscapes, hardscapes, and exterior structures and desires
to utilize its skill and services on real property owned by the Owner; and

WHEREAS the Owner desires that the Contractor utilize its skill and services on the real
property;

NOW, THEREFORE, the Contractor agrees to provide the Services as more fully
described herein upon the terms and conditions set forth below which are mutually
agreed to by the parties as follows:

1. Services. The Contractor shall provide all labor, equipment, and materials to
perform the following services for the Owner at the property designated above, or as
otherwise designated below (hereinafter the “Services”). This description of Services, as
designated in the above Proposal/Estimate, may be supplemented by Drawings,
Specifications, or additional documents which are all attached hereto. The Contractor
shall retain the services of subcontractors or independent contractors at its discretion.
2. Location of Services. The Services shall be provided at the above-listed address
(hereinafter the “Location of Services”).

3. Payment. The Owner shall pay the Contractor for the performance of the Services
for the total sum listed above in the Proposal/Estimate.
If any payment is not paid when due by the Owner, interest shall be added to the
remaining amount due at a rate of 24% per annum, or at the maximum permitted by law,
whichever is less. Owner shall pay for all costs and expenses of collection of unpaid
payments, including attorney’s fees, court costs, and/or collection agency fees.
4. Begin Date. The Contractor and the Owner shall agree to a tentative start date.
However, Contractor reserves the right to change this date due to circumstances
beyond its control, including, but not limited to, the weather and the actions or inactions

of any governmental authority. The Contractor shall submit to the Owner a schedule for
the performance of the Services. If the Contractor is delayed due to the actions or
omissions of the Owner, or by circumstances beyond the control of the Contractor, the
schedule shall be extended to accommodate the delay.

5. Provision of Water and Electricity. The Owner agrees to permit (and pay for the
cost of the use of same) the Contractor to access water and electricity for use in
operating Contractor’s equipment.
6. Permits and Legal Compliance. Unless otherwise obtained by the Owner and
presented to the Contractor, the Contractor shall obtain all permits necessary and
required to complete the Services, in compliance with all applicable laws. The
Contractor shall comply with all laws, rules, regulations, and codes relating to the
Services under this agreement.
7. Contractor Responsibility, Owner Notice, and Right to Cure. All work of the
Contractor shall be completed in a professional, workman-like manner consistent with
industry standards. In the unlikely event that the Contractor would fail to complete the
work in a professional, workman-like manner to a substantial degree, the Owner shall
notify the Contractor in writing of any deficiency and afford the Contractor ten (10)
business days in which to respond. Thereafter, the Contractor shall remedy the
deficiency within a reasonable period, but in no circumstance, longer than sixty (60)
days from the date of notice was received. The parties agree that disputes of this
nature are best handled by open and honest communication. Therefore, the Owner
waives any right to legal action, or other complaints of any nature to a third party, prior
to satisfaction of the notice and waiting periods outlined under this paragraph.

8. Contractor’s Insurance. The Contractor maintains Comprehensive General Liability
Insurance and Workman’s Compensation Insurance, as required under Indiana law,
which shall not be cancelled, reduced, or limited during the term of this agreement
without notice to the Owner. Certificates of insurance shall be furnished to Owner upon
request.
9. WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT: THE OWNER
AGREES TO REMAIN CLEAR OF THE AREA WHERE THE SERVICES ARE BEING
PERFORMED OR WHERE SUPPLIES AND EQUIPMENT THERETO ARE STORED (THE
“PREMISES”) FOR THE THE OWNER FURTHER AGREES TO KEEP THIRD PARTIES FROM
ENTERING THE PREMISES FOR THE DURATION OF THE AGREEMENT. IN

CONSIDERATION FOR ENTERING UPON THE PREMISES FOR INSPECTION, OR
OTHERWISE, WITH OR WITHOUT THE PERMISSION OF THE CONTRACTOR, THE
OWNER, THE OWNER’S FAMILY, TENANTS, THIRD PARTIES UNDER ITS CONTROL, IT’S
MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND ASSIGNS (HEREINAFTER
THE “OWNER PARTIES”), HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT
TO SUE SAMUEL MILLER JR, INDIVIDUALLY, SUPERIOR HARDSCAPES LLC AND/OR
THEIR OFFICERS, SERVANTS, AGENTS AND EMPLOYEES (THE “RELEASEES”) FROM
ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION
WHATSOEVER ARISING OUT OF OR RELATING TO ANY LOSS, DAMAGE OR INJURY,
INCLUDING DEATH, THAT MAY BE SUSTAINED BY OWNER PARTIES, OR OTHERS
OWNER BRINGS ONTO OR MEETS AT THE PREMISES, WITH OR WITHOUT PERMISSION
OF THE OWNER, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, OR
OTHERWISE, OR WHILE IN, ON OR UPON THE PREMISES WHERE THE SERVICES ARE
BEING CONDUCTED.

OWNER PARTIES ARE AWARE THAT THERE ARE SUBSTANTIAL AND/OR GRAVE RISKS
AND HAZARDS CONNECTED WITH BEING ON THE PREMISES, AND ARE FULLY AWARE
THAT THERE MAY BE RISKS AND HAZARDS UNKNOWN TO OWNER PARTIES
CONNECTED WITH BEING ON THE PREMISES, AND OWNER PARTIES HEREBY ELECT
VOLUNTARILY TO ENTER UPON THE PREMISES WHERE THE SERVICES ARE BEING
CONDUCTED KNOWING THAT CONDITIONS MAY BE HAZARDOUS, OR MAY BECOME
HAZARDOUS OR DANGEROUS TO OWNER PARTIES AND OWNER PARTIES’ PROPERTY.
OWNER PARTIES VOLUNTARILY ASSUMES FULL RESPONSIBILITY FOR ANY RISKS OF
LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY BE
SUSTAINED BY OWNER, OR ANY LOSS OR DAMAGE TO PROPERTY OWNED BY OWNER,
AS A RESULT OF ENTERING THE PREMISES, WHETHER CAUSED BY THE NEGLIGENCE
OF RELEASEES OR OTHERWISE.

OWNER FURTHER HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS
THE RELEASEES AND EACH OF THEM, FROM ANY LOSS, LIABILITY, DAMAGE OR
COSTS THEY MAY INCUR DUE TO OWNER PARTIES’ ENTRANCE ONTO THE PREMISES,
WHETHER CAUSED BY THE NEGLIGENCE OF ANY OR ALL OF THE RELEASEES, OR
OTHERWISE.

IT IS OWNER’S EXPRESS INTENT THAT THIS SECTION SHALL BIND THE OWNER, IF
ALIVE, AND THE OWNER’S HEIRS, ASSIGNS AND PERSONAL REPRESENTATIVE, IF
DECEASED, AND SHALL BE DEEMED AS A RELEASE, WAIVER

10. Independent Contractor. The parties agree that the Contractor is not an employee
of the Owner and that the Contractor is acting as an independent contractor of the
Owner during the duration of this agreement. The Owner shall not direct, encourage,
discourage, influence, and/or attempt to control the activities of the employees of the
Contractor. All communications about the work of the Contractor and the employees
shall be directed to Samuel Miller JR., or his designated supervisor at the address,
phone number, or email address of the Contractor.

11.Indemnification: Owner agrees to indemnify and hold harmless Contractor, its
owners, employees, agents and independent contractors, from and against any and all
claims, actions, liabilities, and damages, however caused, for loss of or damage to any
property or for bodily or personal injuries sustained by any person(s), to the extent that
such damage or injuries result from or arise out of the Owner’s actions and/or
omissions.

12.Governing Law: This agreement shall be governed by and construed in accordance
with the laws of the State of Indiana, and the venue for any dispute shall be Elkhart
County. In any litigation relating hereto, Contractor shall be entitled to recover its
reasonable costs, attorney’s fees and expenses incurred from all controversies,
disputes or claims which arise from or relate to this agreement.

13.Modification or Waiver: Modification or waiver of any of the provisions of this
agreement shall be effective only if made in writing and executed by both parties. The
consent, waiver, or excuse by either party of a breach of any provision of these
documents by the other party shall not operate or be construed as a waiver of any
subsequent breach by such other party.

14.Severability: In the event that any provision hereof is found invalid or unenforceable
pursuant to judicial decree or decision, or otherwise, the remainder of the agreement
shall remain valid and enforceable.
15.Assignment: No Assignment by Owner of the agreement or the rights or obligations
hereunder shall be valid without the prior written consent of the Contractor.

16.Cancellation. Either party may cancel this contract in writing with thirty (30) days’
notice to the other party hereto. However, the Owner shall be liable to the Contractor for
all expenses incurred prior to the notice of cancellation being received by the
Contractor.
17. Third Party Plans and Materials. The Contractor shall install all third-party materials
as provided in their respective plans, specifications and directions given to it by the
Owner or the third-party on the condition that they are not so obviously dangerous that
no reasonable contractor would follow them. UNDER SUCH CIRCUMSTANCES, THE
OWNER WAIVES ANY CLAIMS IN CONTRACT, TORT, OR OTHERWISE THE OWNER MAY
HAVE AGAINST THE CONTRACTOR AND AGREES TO INDEMNIFY CONTRACTOR FROM
THE CLAIMS OF ANY THIRD PARTY.

18.Entire Agreement: This agreement contains the entire understanding of the parties,
and there are no representations, warranties, covenants or understandings other than
those expressly set forth in these documents. This agreement may be executed in any
number of counterparts, each of which shall constitute an original. The parties agree
that executed copies of this agreement sent via first class mail, electronic mail,
facsimile, or by digital signature, are binding.

IN WITNESS WHEREOF, the parties hereto have executed this instrument the day last
written above.