Terms of Service and Agreement
Welcome to Dependable Tree, LLC. These Terms of Service ("Agreement") govern the relationship between Dependable Tree, LLC (hereinafter referred to as "the Company," "we," "us," or "our") and our residential and commercial clients (hereinafter referred to as "the Client," "you," or "your"). By accepting an estimate, retaining our services, or allowing us to perform work on your property, you agree to be bound by these Terms.
1. Scope of Work The scope of work is defined exclusively by the written estimate provided by the Company. Any changes or additions to the work must be in writing and signed by both parties. This includes, but is not limited to, tree removal, pruning, stump grinding, and lot clearing.
2. Client Responsibilities The Client is responsible for: a. Providing clear and unrestricted access to the work area. b. Informing the Company of all known underground utilities, including but not limited to irrigation lines, septic systems, drain fields, and underground wiring. The Client understands that the Company assumes no liability for damage to any such unmarked or unidentified underground utilities. c. Removing all personal property from the work area, including vehicles, lawn furniture, yard art, and other items that may be damaged or impede the work. The Company is not responsible for damage to items not removed by the Client. d. Securing all pets and children from the work area for the duration of the project.
3. Limitation of Liability and Indemnification The Client acknowledges and agrees that tree work, by its very nature, involves inherent risks. The Client agrees to hold harmless, indemnify, and defend Dependable Tree, LLC, its employees, agents, and subcontractors from any and all claims, damages, losses, and expenses, including attorney fees, arising out of or resulting from the performance of services under this Agreement, except to the extent caused by the Company's gross negligence or willful misconduct.
Specifically, the Client agrees to the following limitations on liability: a. Property Damage: The Company is not liable for any minor damage to lawns, landscaping, driveways, or other property caused by the use of heavy equipment, vehicles, or the falling of wood and debris. This includes, but is not limited to, tire ruts, grass compaction, scuffs, scrapes, or minor cracks in concrete or asphalt. b. Unforeseen Damage: The Company is not responsible for damage to any unseen or unidentified underground utilities, sprinkler systems, drain pipes, or wiring. c. Damage to Trees/Plants: The Client assumes all risk of damage to any trees, plants, or shrubs that are in close proximity to the work area. d. Stump Grinding: Stump grinding can be a noisy and messy process. While the Company will make a reasonable effort to minimize debris, the Client acknowledges that wood chips, roots, and dirt will be dispersed. The Client is responsible for any necessary cleanup or reseeding. The Company is not responsible for damage to nearby pavers, concrete, or other hardscape. e. Weather and Delays: The Company is not liable for any delays or damage caused by acts of God, inclement weather, unforeseen circumstances, or other events outside of the Company's control.
4. Insurance and Permits The Company carries general liability and workers' compensation insurance. Proof of insurance can be provided upon request. The Client is solely responsible for obtaining and paying for any necessary permits required by local ordinances, and for ensuring the work complies with all setback and zoning regulations.
5. Payment Terms A non-refundable deposit may be required to secure the service. Final payment is due immediately upon completion of the work unless a different arrangement is agreed upon in writing. A late fee may be applied to overdue accounts.
6. Cancellation Policy If the Client cancels the scheduled work with less than 48 hours' notice, the Client may be subject to a cancellation fee.
7. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law provisions.
8. Entire Agreement This Agreement, along with the written estimate, constitutes the entire understanding between the Client and the Company and supersedes all prior agreements and understandings, whether written or oral.
By accepting an estimate or allowing us to perform work, you acknowledge that you have read, understood, and agreed to all the terms and conditions in this Agreement.
Thank you for choosing Dependable Tree, LLC.