Terms & Conditions

1. Permits: Client is responsible for obtaining and paying for all required local permits.
2. Insurance: Foster Trees, LLC is insured for liability resulting from injury to persons or property, and all of its employees are covered under the applicable worker compensation insurances in each country of operation. 
3. Warranty: Foster Trees, LLC warrants that the work to be performed will be accomplished in a neat and professional manner and all work is to be overseen by experienced personnel. All tree care operations will be performed in compliance with the standards adopted by the American National Standards Institute ANSI A300 for tree care management standards. All work is guaranteed as specified. All agreements are contingent upon accidents or delays beyond our control.
4. Concealed Materials: Client is responsible for identifying all known concealed structures, irrigation systems, underground lighting, pipes or utility lines.  Foster Trees, LLC shall not be held liable for damage to any undisclosed concealed hazards including but not limited to unmarked pipes, concealed structures or utilities. 
5. Payment: Payment is to be received upon completion of the job and receipt of invoice. In the event the scope of work changes and subsequent change orders, Foster Trees, LLC will be paid for all the items on the original contract that have been completed. Any additional work performed requested by the Client will be billed on a time and materials basis. A service charge of $5 per month will be added to accounts thirty days after invoice date. If outside assistance is used to collect the account, the client is responsible for all costs associated with the collection including, but not limited to, attorney’s fees and court costs. 
6. Property Ownership: Client warrants that all trees and vegetation upon which work is to be performed are owned by the Client, or that written authorization for the work has been obtained from the rightful property owner and will be provided to Foster Trees, LLC prior to the start of the work. The client warrants that all trees listed in the contract are located on his/her property, and if not, that he / she has obtained written permission from the adjoining owner to allow Foster Trees, LLC to perform the specified work on them. Should any tree be mistakenly identified as to ownership, the client agrees to defend and indemnify Foster Trees, LLC for any claims arising out of the work, including all costs and attorney’s fees incurred as a result of the mistaken identification. The Client shall be responsible for indemnifying Foster Trees, LLC for any and all claims against Foster Trees, LLC by any third party demonstrating actual ownership of the trees and vegetation upon which the work is to be performed, regarding damage to or removal of trees or vegetation which the Client represents as their own, including, but not exclusively for, negligence, tort, timber trespass, and any other claims and damages sought. 
7. Site Preparation: client shall be responsible for the cleanup of any animal waste on site.  Failure to do so will result in a $350 additional fee for Foster Trees to perform this cleanup. 
8. Work Site Access: Client shall provide free access to work areas for employees and vehicles and agrees to keep driveways clear and available for movement and parking of trucks and equipment during work hours. 
9. Security: Unless otherwise specified in the agreement, Foster Trees, LLC shall not be expected to keep gates closed for animals or children. 
10. Damage to Hardscape: Foster Trees, LLC assumes no liabilities or responsibilities for any cracking, breaking, puncturing, depressing, or any other damage to any driveway, patio, or other paved, bricked, stoned, concrete, or asphalted surface which may result from trucks and equipment being used to access the job site. 
11. Concealed Contingencies: Client agrees to pay additional sums on a time and materials basis for any additional work required to complete the job caused by concealed contingencies such as concrete, foreign matter, stinging insect nests, rock, pipe or electrical lines, or any other condition not readily apparent in estimating the work specified, or any delays resulting from unanticipated interruptions outside the control of Foster Trees, LLC. 
12. Stump Removal: Trees removed will be cut as close to the ground as possible based on conditions near or next to the bottom of the tree trunk. Additional charges will be levied for unseen hazards such as, but not limited to concrete or brick-filled trunks, metal rods, etc. Standard stump grinding/removal includes 6″ to 8″ below ground grade and backfill of the hole with resulting mulch and debris to a level grade.  Stump removal does not include above-ground roots unless otherwise specified in the proposal. IMPORTANT: 811 will be notified after stumps have been properly marked with white paint and/or flags for marking and locating of subsurface facilities. No stumps shall be ground until all utilities have provided positive responses and/or marked their facilities. 811 Locators are not able to detect irrigation lines; Foster Trees, LLC is not responsible for damage done to underground utilities such as, but not limited to, irrigation lines, unseen sprinkler heads, cables, wires, pipes, etc. Foster Trees, LLC will repair damaged irrigation lines at the Client/Owner’s expense.
13. Wood removal: Wood will be left on the premises where lowered and dropped and will be cut into firewood length (approximately 14 to 18 inches lengthwise) unless specified otherwise on the front of this Agreement.  Rounds at these lengths are not guaranteed to be moveable by one person, depending on the diameter of the tree. Where embedded material is found in wood, Foster Trees, LLC will not be responsible for reducing the size of wood beyond embedded material. Splitting, moving or hauling of wood will be performed only if specifically stated in this Agreement. 
14. Work area cleanliness: Foster Trees, LLC is not liable for light fallen debris, such as sawdust, small branches or sap on cars, furniture, landscaping, or other objects located under or near the vicinity of the tree being worked on. Client assumes all responsibility for removing such objects from the work area. 
15. Cabling and Bracing: Client understands that all tree support systems, such as cabling and bracing devices, as well as lightning protection systems, must be inspected annually, or after any major weather event, by a qualified arborist, to ensure the system’s condition, position and/or grounding integrity. It is the responsibility of the Client to make sure that each system is inspected and maintained by a qualified arborist. 
16. Changes: Any alteration in the specifications of the work to be performed which causes an increase in the contract price requires client authorization.
17. Job Site Conditions: In the event there is any change in the condition of the tree(s) or physical surroundings of the job site from time of inspection to job performance which would cause additional labor to accomplish the work, Foster Trees, LLC may, as its option, adjust the contract price to reflect the increase in cost. Should adjusted price be unacceptable to the client, they may cancel the contract. 
18. Cancellation: Notice of cancellation of work must be received in writing before the crew is dispatched to their location or Client/Owner will be liable for a minimum travel charge of $150.00.  Notice to cancel this agreement must be given before midnight of the third business day before work is scheduled to commence. 
19. Work Hours: Any work, including emergency work, overtime, and weekend work performed outside of the normal working hours (Monday-Friday between 6:30 a.m. and 2:30 p.m.) shall be billed at overtime rates. Use of power equipment will commence at 7:00 a.m., unless otherwise specified in the scope of work. Additional charges will be applied if crews cannot use power equipment by 9:00 a.m.
20. Subcontractors: Foster Trees, LLC reserves the right to hire qualified subcontractors to perform specialized functions or work requiring specialized equipment.

Disclosure: Both the Client and Foster Trees, LLC agree to attempt to first attempt to resolve disputes regarding this agreement through direct negotiation and second mediation, unless mutually waived by the Parties, prior to seeking any other available legal remedy. All disputes about the quality of the work or completion by Foster Trees, LLC shall be decided by binding arbitration an appropriate venue no further than 50 miles from Foster Trees, LLC headquarters. Trees inherently pose a certain degree of hazard and risk from breakage, failure or other causes and conditions. Recommendations that are made are intended to minimize or reduce such hazardous conditions. However, there can be no guarantee that efforts to discover or correct unsafe conditions will prevent future breakage or failure, nor can there be any guarantee that all hazardous conditions have been detected. The client should not infer that a tree is safe either because work has been done to reduce risk, or because no work has been recommended on a specific tree.