Terms of Service

Last Updated: June 1, 2025

These Terms of Service (“Terms”) govern all design, construction, remodeling, outdoor living, landscaping, pool, hardscaping, and related services (“Services”) provided by Floridian (“Contractor,” “we,” or “us”) to the client (“Client” or “you”). By signing any proposal, agreement, or change order with Floridian, you agree to be bound by these Terms.

1. Scope of Services 

Floridian provides a broad range of services, including but not limited to: design-only services; construction and build services; outdoor remodeling; 3D design and visualization; landscaping and hardscaping; pool design and pool construction; outdoor living features such as kitchens and pergolas; maintenance services; and any additional services described in a signed proposal or change order. The specific services to be provided for each project will be detailed in the written agreement between the parties.

2. Proposals and Pricing 

All pricing is based on information available at the time the proposal is issued. Floridian may revise pricing if material costs change, site conditions differ from those represented, suppliers or vendors adjust pricing or availability, or the scope of work changes at the Client’s request or due to project conditions. Any revision to pricing or scope will be documented through a written change order signed by both parties.

3. Deposits 

All deposits paid to Floridian are non-refundable and are applied toward the total project cost.Deposits compensate Floridian for reserving labor and scheduling resources, conducting pre-construction planning, preparing designs, and incurring opportunity costs. No deposit shall be refunded unless Floridian elects to cancel the project at its sole discretion.

4. Payment Terms 

Unless otherwise stated in writing, all invoices are due upon receipt. Overdue amounts may incur a monthly late fee of the greater of:
    (a) the percentage stated in the project agreement or
    (b) the maximum rate permitted under Florida law. If payment is not received within five (5) days of the invoice date, Floridian may suspend work until the balance is paid in full. The Client is responsible for all costs of collection, including reasonable attorney’s fees.

5. Change Orders 

Any modification to the design, scope, materials, features, dimensions, or labor must be documented in a written change order signed by both parties. Verbal requests, text messages, or field instructions are not binding unless incorporated into a signed change order. Change orders may affect pricing, scheduling, or project duration.

6. Client Responsibilities 

The Client shall provide Floridian with reasonable access to the property during standard working hours; supply utilities such as water and electricity as needed for the performance of Services; obtain any required homeowners association approvals; disclose all known underground utilities and site hazards; and ensure that the jobsite remains safe and accessible. Floridian shall not be liable for delays or damages resulting from undisclosed conditions or restricted access.

7. Ownership of Designs and Intellectual Property 

All designs, renderings, drawings, plans, and visual materials created by Floridian are and shall remain the exclusive intellectual property of Floridian, Inc. Such materials may not be shared with or used by any third party without Floridian’s prior written consent. The Client receives a limited license to use the designs solely for the project described in the agreement, and only after all outstanding invoices have been paid in full. Ownership of the designs does not transfer until payment is complete.

8. Marketing and Media Rights 

The Client grants Floridian permission to photograph or record the project before, during, and after completion and to use such media for marketing, promotional, and portfolio purposes. Floridian will not disclose personal identifying information in connection with such use.

9. Project Timeline 

Any timeline provided by Floridian is an estimate and not a guarantee. Delays may occur due to weather, supplier or vendor delays, permitting delays, material shortages, labor shortages, change orders, or unforeseen site conditions. Floridian shall not be held liable for delays outside its reasonable control.

10. Warranties and Disclaimers 

Floridian warrants its workmanship as described in the project agreement.
Floridian does not warrant natural settling or soil movement, weather-related damage, landscaping failure, misuse, neglect, acts of God, or damage caused by third parties or other contractors. Manufacturer warranties apply to equipment or materials supplied by manufacturers.

11. Termination

11.1 Termination for Cause
Either party may terminate the agreement if the other party materially breaches the agreement and fails to cure such breach within five (5) business days after receiving written notice.

11.2 Client-Initiated Termination
The Client may request cancellation of the project at any time by providing written notice. Cancellation becomes effective only when Floridian acknowledges the request in writing and both parties execute a written cancellation change order. If the Client cancels for any reason other than Floridian’s material breach, the Client shall:
     (a) forfeit the deposit;
     (b) pay a termination fee equal to twenty-five percent (25%) of the total contract price, including all signed change orders as of the cancellation date; and
     (c) pay for all work performed, materials purchased, and costs incurred through the effective cancellation date.
All amounts owed become immediately due upon execution of the cancellation change order.

11.3 Contractor-Initiated Termination
Floridian may terminate the agreement for cause if the Client fails to pay amounts when due, if the jobsite becomes unsafe, if the Client interferes with work, if site conditions render the project infeasible, or if the Client otherwise breaches the agreement. In such cases, the deposit remains non-refundable, and the Client must pay for all work performed and materials purchased.

11.4 Effect of Termination
Upon termination for any reason, all outstanding balances, fees, and costs become immediately due. Floridian may cease work and secure the site as reasonably necessary. No refunds will be issued for payments previously made.

12. Refund Policy 

Except as required by law:
    (a) deposits are non-refundable;
    (b) no refunds shall be issued for design work once delivered;
    (c) no refunds shall be issued for labor performed or materials installed; and
    (d) no refunds shall be issued after cancellation.

13. Limitation of Liability 

To the fullest extent permitted by Florida law, Floridian’s total aggregate liability to the client shall not exceed the amount paid by the Client under the agreement. Floridian shall not be liable for incidental, consequential, punitive, exemplary, or special damages. The Client agrees to indemnify and hold Floridian harmless from claims arising out of Client actions, site conditions, or third-party interference.

14. Dispute Resolution and Arbitration 

Any dispute arising under these Terms or related to the project shall be resolved through binding arbitration in Palm Beach County, Florida, administered by the American Arbitration Association (“AAA”). Each party shall bear its own legal costs unless otherwise awarded by the arbitrator.

15. Governing Law 

These Terms shall be governed by and construed under the laws of the State of Florida.
Venue for any permitted legal action shall lie exclusively in Palm Beach County, Florida.

16. Entire Agreement 

These Terms, together with any signed proposal, agreement, invoice, or change order, constitute the entire agreement between the parties and supersede all prior understandings or representations.