Terms and Conditions

These Terms and Conditions apply to all services provided by Project Tree (Niagara) Ltd., including but not limited to tree removal, tree trimming and pruning, stump grinding, lot clearing, on-site custom milling, tree cabling, tree bracing, emergency services, and related arboriculture or outdoor services.

 

By approving an estimate, work order, invoice, service agreement, or other written authorization from Project Tree, the client agrees to these Terms and Conditions.

 

1. Scope of Services

 

Project Tree will provide the labour, equipment, materials, supervision, and services agreed upon in the approved estimate, work order, invoice, service agreement, or written change order.

 

Only the services specifically included in the approved written scope are included in the quoted price. Any additional work, changes, or requests outside the original scope must be approved in writing and may result in additional charges.

 

2. Pricing, HST and Payment

 

The client agrees to pay the approved price stated in the estimate, work order, invoice, or written agreement, plus applicable HST and any approved additional charges.

 

Unless otherwise stated in writing, payment is due upon receipt of invoice or upon completion of the agreed work, whichever occurs first.

 

Payments made by credit card are subject to a  2.9% + $0.30 per transaction service fee, which will be added to the total amount owing.

 

If payment is not received when due, Project Tree may pause, cancel, or decline remaining or future work and may pursue collection or legal action for unpaid amounts, including any allowable costs, interest, or fees.

 

3. Deposits and Prepayments

 

A deposit or prepayment is preferred to help secure scheduling, materials, equipment, and crew allocation. However, unless specifically stated in writing on the approved estimate, work order, invoice, or agreement, a deposit is not required.

 

If a deposit or prepayment is made and the client cancels the work, Project Tree may apply reasonable administrative, scheduling, mobilization, equipment, labour, or material costs before issuing any refund. Project Tree may, at its discretion, refund all or part of the deposit where circumstances reasonably justify it.

 

4. Hourly Work, Travel and Scheduling

 

For hourly quoted or hourly billed jobs, one-way travel may be billed unless otherwise stated in writing. For hourly work, the final cost may vary depending on site conditions, access, weather, equipment requirements, safety considerations, disposal needs, and the actual time required to complete the work.

 

All scheduling is subject to weather, site conditions, equipment availability, crew availability, emergency work, safety concerns, utility conflicts, permit requirements, access restrictions, accidents, and other circumstances beyond Project Tree’s reasonable control.

 

Project Tree reserves the right to reschedule, pause, or stop work if conditions are unsafe, unsuitable, or impractical for the work to be completed properly.

 

5. Site Access and Client Responsibilities

 

The client is responsible for providing safe and reasonable access to the work area and for notifying Project Tree in advance of any site restrictions, hazards, locked gates, pets, tenants, occupants, neighbours, underground systems, septic systems, irrigation systems, utility lines, fragile surfaces, restricted access areas, or any other condition that may affect the work.

 

The client is responsible for removing vehicles, outdoor furniture, decorations, planters, tools, toys, equipment, and other personal property from the work area before Project Tree arrives.

 

The client agrees to keep all occupants, guests, children, pets, tenants, neighbours, and third parties away from the work area while work is being completed. Project Tree may pause or stop work if unauthorized persons or pets enter the active work area or if the site becomes unsafe.

 

Project Tree is not responsible for delays, additional costs, or inability to complete work caused by restricted access, unsafe conditions, or undisclosed site conditions.

 

6. Permits, Bylaws and Third-Party Permissions

 

Unless otherwise agreed in writing, the client is responsible for disclosing, obtaining, and complying with any permits, permissions, approvals, or restrictions that may apply to the work.

 

This may include municipal tree bylaws, heritage tree restrictions, conservation authority requirements, utility requirements, landlord approvals, condominium approvals, neighbour permissions, easements, property line restrictions, or other third-party approvals.

 

Project Tree will complete the agreed work in a manner intended to be consistent with applicable regional bylaws, standards, and current arboricultural practices; however, the client remains responsible for confirming that the work is permitted unless Project Tree has expressly agreed in writing to manage that process.

 

7. Underground Installations and Hidden Conditions

 

Project Tree is not responsible for damage to unmarked, undisclosed, incorrectly marked, or hidden underground installations, including but not limited to pipes, cables, wires, irrigation systems, gas lines, septic systems, drainage systems, landscape lighting, invisible pet fences, private utility lines, underground structures, or other obstructions.

 

The client is responsible for identifying, marking, and advising Project Tree of all underground installations, hidden systems, and site conditions before work begins.

 

If undisclosed or hidden conditions are discovered during the work, Project Tree may pause the work, modify the scope, reschedule the work, or apply additional charges as required.

8. Heavy Equipment, Machinery and Surface Damage

 

The client understands that Project Tree may use or park trucks, bucket trucks, cranes, skid steers, trailers, loaders, stump grinders, chippers, saws, milling equipment, or other machinery on or near the property as required to complete the work.

 

The client acknowledges that heavy equipment, falling trees or branches, dragged brush, logs, machinery, or repeated access may cause damage to lawns, driveways, sidewalks, laneways, curbs, patios, gardens, landscaping, soft ground, underground systems, or other surfaces.

 

Potential damage may include cracking, marks, scratches, ruts, sinking, soil compaction, lawn damage, imprints, surface staining, or minor landscape disturbance. Ground protection mats or other protective measures may reduce risk but cannot guarantee prevention of damage.

 

Project Tree is not responsible for damage caused to areas that are unsuitable for heavy machinery or work access unless those areas were clearly discussed, identified, and marked before work began and Project Tree acted with gross negligence.

 

9. Tree Work Risks and Falling Debris

 

The client understands that tree work involves inherent risks, including falling trees, limbs, branches, logs, brush, sawdust, wood chips, stump grindings, rigging, lowering, dragging, chipping, hauling, and machinery operation.

 

Project Tree will take reasonable precautions to reduce risk and avoid unnecessary damage. However, some damage may be unavoidable due to the nature of tree removal, trimming, pruning, stump grinding, lot clearing, emergency work, milling, or other arboriculture services.

 

Project Tree is not responsible for unavoidable damage caused during the ordinary and reasonable performance of the agreed work, except to the extent caused by Project Tree’s gross negligence or wilful misconduct.

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10. Clean up, Wood, Brush, Chips and Stump Grindings

 

Clean up will be completed according to the approved estimate, work order, invoice, or written agreement.

 

Unless specifically included in writing, the removal of logs, firewood, wood chips, mulch, brush, stump grindings, sawdust, milled material, or debris may not be included.

 

Stump grinding does not include complete root removal unless expressly stated in writing. Remaining roots, buried wood, soil disturbance, sinkage, or future settling may occur after stump grinding.

 

Additional clean-up, hauling, disposal, grading, soil, seed, sod, or restoration work not included in the original scope may result in additional charges.

 

11. Emergency Services

 

For emergency services, Project Tree may prioritize hazard reduction, site safety, access restoration, and immediate risk mitigation.

 

Emergency work may be affected by weather, daylight, site access, utility hazards, equipment availability, crew safety, and other urgent conditions.

 

Final clean-up, stump grinding, restoration, or non-emergency follow-up work may need to be scheduled and billed separately unless expressly included in writing.

 

12. On-Site Custom Milling or Sawing

 

Where on-site custom milling or sawing is provided, the client understands that final yield, board quality, dimensions, usable material, and finish may vary depending on tree species, log condition, metal or foreign objects, rot, cracks, embedded material, tension, moisture content, and other natural or hidden conditions.

 

Project Tree does not guarantee final lumber quality, quantity, drying performance, structural rating, or suitability for a particular use unless expressly stated in writing.

 

The client is responsible for proper storage, drying, stacking, sealing, treatment, and future use of milled material unless otherwise agreed in writing.

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13. Tree Cabling, Bracing and Support Systems

 

Where Project Tree installs, adjusts, inspects, or recommends tree cabling, bracing, support systems, or tree protection measures, the client understands that these systems may help support or prolong the life of a tree but do not guarantee that the tree, limbs, branches, stems, root system, support hardware, or surrounding area will remain safe, stable, healthy, or free from failure.

 

Tree cabling, bracing, and support systems do not eliminate risk. Trees may still fail due to weather, decay, pests, disease, structural weakness, root issues, soil conditions, hardware failure, lack of maintenance, or other factors.

 

The client is responsible for ongoing monitoring, inspection, and maintenance of the tree and support system after installation. Project Tree is not responsible for resulting damage, loss, expense, or injury if a tree, limb, branch, stem, root system, or support system fails after installation, except to the extent caused by Project Tree’s gross negligence or wilful misconduct.

 

14. Neighbouring Properties and Third-Party Access

 

If the work requires access to a neighbouring property, shared driveway, laneway, easement, or third-party property, the client is responsible for obtaining permission from the owner or authorized occupant before the work begins unless Project Tree expressly agrees otherwise in writing.

 

Project Tree may request written consent from the neighbouring property owner or third party before using their property for access, parking, equipment, brush removal, clean-up, or related work.

 

Project Tree is not responsible for delays, additional costs, or inability to complete work caused by lack of neighbour or third-party access approval.

 

15. Photos, Documentation and Site Records

 

Project Tree may take photos or videos of the work area, equipment, trees, site conditions, hazards, completed work, or damage concerns for documentation, safety, quality control, training, insurance, dispute resolution, or internal records.

 

Project Tree will not use identifiable private client information for public marketing purposes without appropriate consent.

 

16. Limitation of Liability, Waiver and Indemnity

 

To the fullest extent permitted by law, Project Tree, including its directors, officers, shareholders, employees, independent contractors, subcontractors, representatives, successors, and assigns, shall not be liable for losses, damages, expenses, or injuries arising from the normal or unavoidable risks of the agreed work, including but not limited to unmarked underground installations, hidden site conditions, unsafe or unsuitable access areas, falling trees or debris, heavy machinery access, surface damage, weather-related impacts, pre-existing tree or property conditions, failure of trees or support systems after work is completed, lack of permits or permissions not expressly managed by Project Tree in writing, or acts or omissions of the client, occupants, neighbours, third parties, or other contractors.

 

By approving work with Project Tree, the client acknowledges and accepts the risks associated with tree removal, tree trimming, pruning, stump grinding, lot clearing, milling, cabling, bracing, emergency work, equipment access, and related services.

 

The client releases Project Tree from claims for loss, damage, expense, or injury arising from the risks described in these Terms and Conditions, except to the extent caused by Project Tree’s gross negligence or wilful misconduct.

 

The client agrees to indemnify and save harmless Project Tree from claims made by occupants, tenants, guests, neighbours, invitees, third parties, or other persons in relation to property damage, personal injury, access, permissions, site conditions, or services completed under the approved work, except to the extent caused by Project Tree’s gross negligence or wilful misconduct.

 

The client agrees not to sue or make a claim against Project Tree for losses, damages, expenses, or injuries released under these Terms and Conditions.
 

17. Authority to Approve Work

 

By approving an estimate, work order, invoice, service agreement, or written authorization, the client confirms that they are at least 18 years of age and have the legal authority to authorize the work.

 

If the client is approving work on behalf of a company, property owner, landlord, tenant, condominium, municipality, organization, estate, or another person, the client confirms that they have authority to bind that party to these Terms and Conditions.

 

Where more than one client, owner, or responsible party is connected to the work, each party may be jointly and severally responsible for payment and obligations under these Terms and Conditions.

 

18. Entire Agreement, Governing Law and Severability

 

These Terms and Conditions, together with the approved estimate, work order, invoice, service agreement, written change order, or other written authorization, represent the entire agreement between the client and Project Tree.

 

No verbal statement, promise, or modification is binding unless confirmed in writing by Project Tree.

 

These Terms and Conditions are governed by the laws of the Province of Ontario, and the parties agree to submit to the jurisdiction of the courts of the Province of Ontario.

 

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, that provision will be severed, and the remaining provisions will continue in full force and effect.

 

19. Survival

 

The payment obligations, limitation of liability, waiver, release, indemnity, and any other provisions intended to survive completion of the work will remain effective after the services are completed and will not expire.
 

20. Acceptance of Terms

 

By approving an estimate, work order, invoice, service agreement, or written authorization from Project Tree, the client confirms that they have read, understood, and agreed to these Terms and Conditions.

 

The client also confirms that they understand the risks associated with the requested services and authorize Project Tree to proceed with the agreed work subject to these Terms and Conditions.