Effective Date: January 1, 2026
These Design & Design-Build Service Terms (“Service Terms”) apply to landscape design and design-build services provided by Pennate (“Design Services”). By engaging Pennate for Design Services, you agree to these Service Terms in addition to Pennate’s Terms of Service.
Scope of Design Services
Design Services may include conceptual layouts, plant palettes, spatial planning, material concepts, system strategies, and design intent documentation.
Unless explicitly stated in writing, Design Services do not include engineering, permitting, surveying, or construction documents.
Design Intent & Limitations
Design deliverables represent professional and conceptual intent based on known site conditions, client input, and industry standards at the time of creation.
Final outcomes may vary due to site conditions, material availability, contractor execution, environmental factors, regulatory requirements, and client decisions.
Pennate does not guarantee that design outcomes will precisely match conceptual renderings, plans, or visualizations.
Design Revisions & Scope Changes
Design Services include only the revisions expressly outlined in the associated proposal or agreement.
Changes to scope, program, materials, or direction may require written approval and additional fees.
Revisions requested after design approval may impact schedules, pricing, and deliverables.
Design-Build Services
Where Design-Build Services are offered, Pennate may provide both design intent and implementation under a single agreement.
Installation schedules, sequencing, and execution are subject to site conditions, material availability, subcontractor coordination, weather, and access limitations.
Pennate reserves the right to make reasonable field adjustments during installation to accommodate unforeseen conditions while preserving overall design intent.
Materials & Substitutions
Specified materials and plant selections are subject to availability at the time of procurement.
Pennate may propose substitutions of equal or comparable quality when specified materials are unavailable or impractical.
Natural materials may vary in color, size, texture, and appearance and are considered acceptable variations.
Client Responsibilities
The client is responsible for providing timely decisions, approvals, access, and accurate site information.
Delays caused by client indecision, changes, or access limitations may affect project timelines and pricing.
Payment & Scheduling
Design Services may require deposits, milestone payments, or full payment in advance as outlined in the applicable agreement.
Approved designs reserve production capacity and scheduling priority.
Intellectual Property
All designs, drawings, plans, renderings, and related materials produced by Pennate remain the intellectual property of Pennate unless otherwise agreed in writing.
The client is granted a limited, non-transferable license to use approved design materials solely for the specific project for which they were created.
Reuse, modification, or execution of designs without Pennate’s involvement is done at the client’s own risk.
Governing Terms
These Service Terms are incorporated by reference into Pennate’s Terms of Service. In the event of a conflict, these Service Terms govern the provision of Design & Design-Build Services.