Effective Date: June 5, 2025

These Terms and Conditions (“Terms”) govern the provision of tree care services by Captain Tree Service (“Company,” “we,” “us,” or “our”) to you, the client (“Client,” “you,” or “your”). By requesting or accepting services from Captain Tree Service, you agree to be bound by these Terms.

1. Service Agreement

1.1. Estimate and Scope of Work: All services will be based on a written estimate provided by Captain Tree Service. This estimate will detail the agreed-upon scope of work, including specific services, materials, and estimated costs. Any work performed outside the scope of the original estimate will require a new estimate or a written amendment to the existing one. 1.2. Acceptance: Your acceptance of the estimate, whether verbally, in writing, or by allowing work to commence, constitutes your agreement to these Terms.

2. Pricing and Payment

2.1. Pricing: The prices quoted in the estimate are valid for [Number] days from the date of issue. Prices are subject to change after this period. 2.2. Payment Terms: Payment is due in full upon completion of the services, unless otherwise agreed upon in writing (e.g., for large projects requiring phased payments or deposits). 2.3. Payment Methods: We accept [list accepted payment methods, e.g., cash, check, major credit cards, bank transfer]. 2.4. Late Payments: Payments not received by the due date may be subject to a late fee of [e.g., 1.5% per month or a flat fee of $X] on the outstanding balance. 2.5. Collection Costs: In the event of non-payment, you agree to reimburse Captain Tree Service for all collection costs, including but not limited to attorney fees and court costs.

3. Client Responsibilities

3.1. Access: You are responsible for providing clear and safe access to the work area for our equipment and personnel. Any delays or additional costs incurred due to obstructed access will be charged to the Client. 3.2. Utility Lines: You are responsible for notifying Captain Tree Service of the location of all underground utility lines (e.g., water, sewer, gas, electrical, irrigation, septic systems) that may be within the work area. Captain Tree Service is not responsible for damage to unmarked or improperly marked underground utilities. We recommend you contact [e.g., 811 – Call Before You Dig] or your local utility marking service before work commences. 3.3. Permits and Permissions: You are responsible for obtaining and paying for any necessary permits, licenses, or approvals required for the tree work to be performed (e.g., municipal tree removal permits, homeowner association approvals). 3.4. Removal of Obstructions: You are responsible for removing any personal property, vehicles, garden furniture, planters, or other obstructions from the immediate work area prior to our arrival. Captain Tree Service will exercise reasonable care but is not liable for damage to items left in the work zone. 3.5. Animals: Please ensure all pets are secured and kept away from the work area for their safety and the safety of our crew.

4. Company Responsibilities

4.1. Professional Workmanship: Captain Tree Service agrees to perform all work in a professional, safe, and workmanlike manner, adhering to industry best practices and standards. 4.2. Insurance: Captain Tree Service carries appropriate liability and workers’ compensation insurance. Proof of insurance can be provided upon request. 4.3. Cleanup: Unless otherwise specified in the estimate, we will remove all generated debris (wood, branches, leaves) from the work area upon completion of the service. 4.4. Damage: Captain Tree Service will exercise reasonable care to prevent damage to your property. In the unlikely event of damage caused by our negligence, we will either repair the damage or compensate you for the reasonable cost of repairs. This does not apply to damage caused by unmarked utilities or client-retained obstructions.

5. Tree Removal Specifics

5.1. Stump Grinding/Removal: Unless specifically included in the estimate, stump grinding or removal is not part of tree removal services and will be quoted and performed separately. 5.2. Property Restoration: While we strive for thorough cleanup, the area where a tree was removed may require minor landscaping or soil amendments by the client.

6. Limitations of Liability

6.1. Force Majeure: Captain Tree Service shall not be liable for any delay or failure in performance due to causes beyond its reasonable control, including but not limited to acts of God, weather conditions, strikes, or utility outages. 6.2. Pre-Existing Conditions: Captain Tree Service is not responsible for any damage or injury resulting from pre-existing conditions of trees (e.g., hidden decay, disease, structural defects not visible or reasonably detectable during the estimate) or property. 6.3. Consequential Damages: In no event shall Captain Tree Service be liable for any indirect, incidental, special, or consequential damages arising out of or in any way connected with the services provided. Our liability is limited to the cost of the services performed.

7. Cancellation Policy

7.1. Client Cancellation: If you need to cancel or reschedule services, please notify us at least [e.g., 24-48] hours in advance. Cancellations made with less than [e.g., 24] hours’ notice may be subject to a cancellation fee of [e.g., $X or 10% of the estimate]. 7.2. Company Cancellation: Captain Tree Service reserves the right to cancel or reschedule services due to hazardous weather conditions, equipment malfunction, or other unforeseen circumstances. We will endeavor to provide as much notice as possible.

8. Governing Law and Dispute Resolution

8.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. 8.2. Dispute Resolution: Any dispute arising out of or relating to these Terms or the services provided shall first be attempted to be resolved through good faith negotiations. If a resolution cannot be reached, the parties agree to [e.g., non-binding mediation, or binding arbitration in Buffalo, NY] before resorting to litigation.

9. Entire Agreement

These Terms and the accepted estimate constitute the entire agreement between you and Captain Tree Service regarding the services and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

10. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

By accepting services from Captain Tree Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.