TERMS OF SERVICE
This Terms of Service (“Agreement”) is a legally binding contract between you (“Client,” “you,” or “your”) and [Your Company Name] (“Company,” “we,” “us,” or “our”), governing all services rendered, quotes requested, communications exchanged, and work performed. By requesting a quote, signing a service agreement, scheduling work, or permitting access to your property, you acknowledge that you have read, understood, and agreed to these Terms in full.
1. Services Covered
These Terms apply to all services provided by [Your Company Name], including but not limited to:
- Forestry Mulching
- Wildland Fire Fuel Reduction & Defensible Space Clearing
- Land Clearing & Property Reclamation
- Brush Removal & Vegetation Management
- Trail Cutting & Access Road Clearing
- Fence Line Clearing
- Overgrowth & Invasive Species Removal
- Consulting, Estimates, Quotes & Site Evaluations
2. Estimates, Pricing & Payment Terms
Estimates are based on information available at the time of quoting, including submitted photos, site descriptions, or in-person assessments. Final pricing may vary based on actual site conditions such as terrain, brush density, debris, accessibility, or unforeseen obstacles discovered during the project.
The following payment conditions apply to all projects:
- All quotes are valid for 30 days from the date of issue unless otherwise stated in writing.
- Projects over $10,000 may require a deposit (typically 10–25%) to secure scheduling and equipment allocation. Deposit amounts will be specified in the written service agreement.
- Deposits are fully refundable if the Client cancels 14 or more calendar days before the scheduled start date.
- Deposits are non-refundable if the Client cancels within 14 days of the scheduled start date, as equipment and crew will have been committed.
- Payment in full is due upon project completion unless alternative arrangements have been agreed upon in writing prior to the start of work.
- Accepted payment methods will be specified in the service agreement. Checks, ACH transfers, and credit cards (where applicable) are common options.
- Late or unpaid invoices may result in collections action, filing of a mechanic’s lien against the property, or legal proceedings. The Client shall be responsible for all reasonable costs of collection, including attorney’s fees.
3. Scheduling, Weather & Cancellations
We make every effort to adhere to agreed-upon schedules, but timing may be affected by weather, ground conditions, equipment availability, or the scope of work encountered on-site. Any dates provided are estimates and not guarantees of service delivery.
Scheduling policies:
- Work is scheduled based on availability and favorable weather/ground conditions.
- We reserve the right to postpone or reschedule services due to unsafe weather, saturated ground conditions, wildfire risk levels, or equipment issues. Deposits will not be forfeited when rescheduling is initiated by the Company.
- Clients must provide at least 48 hours’ written notice for cancellations or rescheduling requests. Failure to do so may result in a cancellation fee.
- Smaller jobs may be rescheduled one time at no charge provided 72 or more hours of advance notice is given.
- Cancellations must be submitted in writing via email or text message to the contact information provided in your service agreement.
4. Client Responsibilities
By engaging the Company’s services, the Client agrees to the following responsibilities:
Property & Authorization:
- You are the legal property owner or have written authorization from the legal owner to engage these services.
- You grant the Company and its personnel access to the property with heavy machinery, equipment, and vehicles as required to perform the work.
Hazard Disclosure (Critical):
- You are responsible for disclosing and clearly marking the locations of all underground utilities, septic systems, irrigation lines, water lines, gas lines, electrical conduit, buried cables, and any other hidden hazards on or near the work area prior to the start of work.
- You are responsible for marking all property boundaries, preservation areas, and any trees, structures, or features that must not be disturbed.
- In wildland environments, you must disclose the presence of known fire suppression infrastructure, water storage, or utility corridors.
- The Company is not responsible for damage to unmarked or undisclosed utilities, structures, or features. All repair costs resulting from failure to disclose shall be the sole responsibility of the Client.
Permits & Compliance:
- The Client is responsible for obtaining all required permits, burn permits, environmental clearances, HOA approvals, and any other government or regulatory approvals necessary before work commences.
- The Company complies with all applicable local, state, and federal environmental regulations. Clients are expected to do the same.
5. Liability, Risk & Property Disclaimer
Land clearing, forestry mulching, and wildland vegetation management involve inherent risks and physical changes to property. By engaging these services, the Client acknowledges and accepts the following:
- The Company operates heavy, ground-disturbing machinery. Some degree of ground disturbance, soil compaction, ruts, or cosmetic damage to surrounding vegetation, turf, or landscaping is inherent in this type of work and does not constitute negligence.
- The Company is not liable for cosmetic or incidental damage to lawns, soil, turf, or vegetation during standard operations.
- The Client assumes all risks related to natural and pre-existing conditions on the property, including rocky terrain, unstable soils, hidden debris, or wildlife.
- The Company is not responsible for natural regrowth of vegetation after clearing work is complete. Results from mulching and clearing vary based on species, season, and land conditions.
- The Company is not liable for indirect, incidental, consequential, or punitive damages arising from the performance of services.
- The Company’s total liability for any claim shall not exceed the total amount paid by the Client for the specific project giving rise to the claim.
- All services are provided “as is” with no implied warranties, except as expressly stated in writing.
6. Wildland-Specific Conditions
Given the nature of wildland forestry mulching and fuel reduction work, the following additional conditions apply:
- Defensible space and fuel reduction services are performed to reduce fire hazard, but the Company makes no guarantee that such work will prevent property damage in the event of a wildfire.
- The Company reserves the right to suspend or halt operations at any time if conditions on-site pose an immediate risk of fire spread, including during periods of high fire danger, Red Flag Warnings, or when ambient conditions are deemed unsafe by the crew supervisor.
- The Client shall ensure no burn barrels, open flames, or ignition sources are present or in use within the work area during operations.
- Chip and mulch material remaining on-site after mulching operations is the property of the Client unless otherwise agreed in writing. The Company does not guarantee specific mulch depth, coverage, or distribution uniformity.
- Work in or near sensitive habitat, wetlands, riparian zones, or protected areas requires prior written confirmation of applicable permits by the Client.
7. Indemnification
To the fullest extent permitted by applicable law, the Client agrees to defend, indemnify, and hold harmless [Your Company Name], its owners, employees, subcontractors, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorney’s fees) arising from:
- The Client’s failure to disclose or mark utilities, hazards, or property features.
- The Client’s failure to obtain required permits or regulatory approvals.
- Any third-party claims related to the Client’s property or the work performed thereon.
- The Client’s breach of any provision of these Terms.
- Any misrepresentation by the Client regarding property ownership, authorization, or site conditions.
8. Termination & Right to Refuse Service
The Company reserves the right to refuse, suspend, or terminate services at any time for the following reasons:
- The Client has violated any provision of these Terms.
- Site conditions are discovered to be unsafe, beyond the agreed scope, or present undisclosed hazards.
- The Client has provided materially inaccurate information regarding the property or project.
- Non-payment or disputed payment.
Where feasible, the Company will provide notice and an opportunity to remedy the issue before terminating services. In the event of termination due to Client breach, the Client shall remain responsible for payment for all work completed to that point.
9. Electronic Communications & SMS Policy
By providing your contact information, you consent to receive communications from the Company electronically, including by email and SMS/text message. Electronic communications satisfy any requirement for written notice.
SMS/Text Message Terms:
- By providing your phone number, you consent to receive SMS messages related to quotes, scheduling, project updates, and service information.
- Message frequency varies based on your engagement with us.
- Message and data rates may apply.
- You may opt out at any time by replying STOP to any message.
- For assistance, reply HELP or contact us directly.
- We will not sell or share your phone number or SMS consent data with third parties.
10. Intellectual Property
All content on the Company’s website, marketing materials, and documents — including text, images, logos, branding, and service descriptions — is owned by or licensed to [Your Company Name] and is protected by applicable intellectual property laws. You may not reproduce, distribute, or use any materials without prior written consent from the Company.
11. Dispute Resolution
In the event of a dispute arising from services rendered or these Terms, the parties agree to first attempt resolution in good faith through direct communication. If a resolution cannot be reached within 30 days of written notice of the dispute, the matter shall be resolved through binding arbitration or litigation as permitted under the laws of the State of Ohio.
These Terms are governed by the laws of the State of Ohio. You agree to submit to the exclusive jurisdiction of the courts located in Greene County, Ohio for resolution of any disputes not resolved through arbitration.
12. Changes to These Terms
The Company reserves the right to update or modify these Terms at any time. When material changes are made, we will post the updated Terms on our website and/or notify Clients via email. Continued use of our services following any update constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
13. Severability
If any provision of these Terms is found to be invalid or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions of these Terms shall remain in full force and effect.
14. Contact Information
For questions or concerns regarding these Terms, please contact us:
Wildland Brush Mulching & Land Clearing
Address: 4060 US Route 42E, Cedarville, OH 45314
Phone: 937-702-3075
Email: craig@wildlandbrush.com
Website: wildlandbrush.com