Effective Date: September 18, 2026
These Terms and Conditions of Service (“Terms”) apply to services provided by Arborist Solutions, LLC (“Arborist Solutions,” “we,” “us,” or “our”) to the customer, property owner, authorized representative, or other person accepting a proposal or requesting services (“Client”).
These Terms are intended to establish clear expectations regarding our services, responsibilities, scheduling, payment, property access, tree-care limitations, warranties, and the professional relationship between Arborist Solutions and our clients.
By scheduling an initial appointment, accepting a proposal, approving work electronically or in writing, authorizing work to begin, or otherwise entering into an agreement for services with Arborist Solutions, the Client agrees to the applicable proposal and these Terms.
If a specific written proposal, contract, warranty, or addendum conflicts with these Terms, the more specific written provision will control for that particular service.
Nothing in these Terms waives any right that cannot legally be waived under applicable law.
1. First-Time Client Fee
Arborist Solutions charges a $125 first-time client fee for new residential clients within our standard Central Ohio service area. Properties outside our normal service area may be subject to a different fee.
The first-time client fee is charged to reserve an initial appointment and a place in Arborist Solutions’ schedule. It is not a consultation fee, retainer, deposit toward future work, or guarantee that Arborist Solutions will perform any particular project.
The first-time client fee is non-refundable once the initial appointment has been placed on our schedule.
The Client may request that the initial appointment be rescheduled. Arborist Solutions will make reasonable efforts to accommodate a rescheduling request based upon availability. Rescheduling the appointment does not make the first-time client fee refundable and does not create a credit that may be exchanged for cash.
If the Client cancels the initial appointment, decides not to proceed, hires another contractor, sells the property, no longer requires the requested services, or otherwise chooses not to use the scheduled appointment, the first-time client fee remains non-refundable.
The fee helps compensate Arborist Solutions for reserving capacity in our schedule and the administrative and professional resources associated with establishing a new client relationship.
The initial visit may include walking the property, discussing the Client’s concerns and goals, evaluating relevant trees or shrubs, providing ordinary verbal recommendations, and preparing an estimate when Arborist Solutions determines that a proposal is appropriate.
Payment of the first-time client fee does not entitle the Client to unlimited professional consultation, design work, research, reports, revisions, estimates, follow-up visits, or other professional services.
Unless specifically agreed to in writing, the first-time client fee does not include formal tree risk assessments, written arborist reports, inventories, appraisals, landscape or planting plans, construction documents, extensive nursery or material sourcing, detailed project design, expert testimony, repeated revisions, or other professional consulting services. Those services may be quoted separately.
Payment of the first-time client fee does not require Arborist Solutions to submit a proposal, accept a particular project, perform future services, or establish or maintain an ongoing business relationship with the Client.
Arborist Solutions retains the right to decline work, suspend services, or end a Client relationship as provided elsewhere in these Terms.
Nothing in this section limits any cancellation, refund, or other consumer right that applicable law does not permit the parties to waive.
2. Existing Clients and Future Service
After Arborist Solutions has completed work for a Client, routine follow-up visits and additional estimates within our normal service area are generally provided without another first-time client fee.
However, prior work with Arborist Solutions does not create an entitlement to unlimited site visits, consulting, estimates, inspections, reports, design work, or future service.
Arborist Solutions may charge separately for services that involve substantial professional time, specialized consulting, formal assessments, reports, design work, extensive research, travel outside our normal service area, project management, or other services beyond an ordinary estimate or follow-up.
Being a previous or current Client does not require Arborist Solutions to accept future projects.
3. Right to Decline, Suspend, or Terminate a Client Relationship
Arborist Solutions reserves the right to decline future work or discontinue a business relationship for any lawful business reason.
We may also suspend scheduling, stop work, cancel future appointments, or terminate a Client relationship when reasonably appropriate, including because of:
- nonpayment or repeated late payment;
- repeated cancellations or missed appointments;
- unsafe site conditions;
- threats, harassment, abusive behavior, or inappropriate treatment of employees, contractors, or representatives;
- unreasonable interference with employees or work operations;
- requests to perform unsafe, illegal, unethical, or professionally inappropriate work;
- disputes concerning ownership or authority over a tree or property;
- materially inaccurate or withheld information affecting the work;
- repeated demands for work or professional services outside the agreed scope without compensation;
- conduct that makes a productive professional relationship impractical;
- damage to or misuse of Arborist Solutions equipment or property;
- interference by the Client, neighbors, contractors, or other parties that prevents the work from being completed safely or properly; or
- any other legitimate safety, operational, professional, or business concern.
Arborist Solutions is not required to accept additional projects merely because it has previously performed work for a Client.
If Arborist Solutions terminates an active contracted project, amounts owed for work already completed, services already performed, materials purchased or committed to the project, and other properly incurred costs remain payable. Any unearned prepaid amount will be handled in accordance with the applicable agreement and law.
Nothing in this section permits either party to disregard obligations that have already accrued under an accepted contract or applicable law.
4. Estimates and Proposals
Unless otherwise stated, an estimate or proposal from Arborist Solutions is valid for 30 days from the date issued.
After that period, Arborist Solutions may revise pricing, material selections, plant availability, scheduling, or the proposed scope.
An estimate is based upon the conditions reasonably observable or known when the property is evaluated.
Conditions that are concealed, underground, inaccessible, newly developed, materially changed, or not disclosed by the Client may require a change in scope or additional charges.
No work is considered scheduled merely because an estimate has been issued.
Work is scheduled after the proposal is accepted and any required deposit, documentation, property access, utility coordination, or other prerequisite has been completed.
5. Acceptance of Work
A proposal may be accepted through our customer-management system, by electronic signature, by written authorization, by email or text when clearly approving the quoted work, or by another mutually accepted method.
Electronic acceptance has the same effect as written acceptance to the extent permitted by law.
The accepted proposal, these Terms, and any applicable written addenda constitute the agreement for the work.
6. Scope of Work
Arborist Solutions will perform the work specifically described in the accepted proposal.
Services, trees, shrubs, areas of the property, cleanup activities, restoration, materials, treatments, or other work not included in the proposal are not included merely because they are near the work area or were discussed during a visit.
Clients should review proposals carefully before acceptance.
Questions regarding the intended scope should be resolved before work begins.
7. Changes and Additional Work
Changes requested after acceptance may result in additional charges and scheduling changes.
When practical, additional work will be documented and approved before it is performed.
Approval may be provided electronically, by email, text message, or another written method.
If unexpected conditions are discovered that materially affect safety, feasibility, equipment requirements, labor, or the recommended treatment, Arborist Solutions may stop or modify the work until the Client approves an appropriate change.
Arborist Solutions is not required to perform additional work at the original contract price when the additional work was not reasonably included in the original scope.
8. Scheduling
Scheduling dates are estimates unless Arborist Solutions specifically states otherwise in writing.
Tree care is affected by weather, soil conditions, plant biology, utility coordination, equipment availability, material availability, emergency storm work, staffing, treatment timing, and other factors.
Arborist Solutions may reschedule work when reasonably necessary.
An estimated service date is not a guarantee that work will occur on that exact date.
We will make reasonable efforts to communicate significant scheduling changes.
9. Weather and Seasonal Conditions
Arborist Solutions may postpone or discontinue work because of rain, lightning, wind, excessive heat or cold, saturated or frozen ground, drought, snow, ice, unsafe access, inappropriate treatment conditions, plant-health considerations, or other weather-related conditions.
We will not knowingly perform work merely to meet a scheduled date when doing so would create an unreasonable safety risk or materially compromise the quality of the service.
10. Storm and Emergency Work
Storm-damaged trees may contain hidden cracks, suspended limbs, partially failed roots, compromised stems, tensioned wood, damaged utility lines, and other hazards that are not apparent until work begins.
Estimates for emergency or storm work may therefore require adjustment if substantially different conditions are discovered.
Arborist Solutions may stop work whenever conditions become unsafe and may require utility companies, emergency services, specialized equipment, additional personnel, or other resources before continuing.
11. Client Cancellation
A Client who wishes to cancel accepted work should notify Arborist Solutions as soon as possible.
Cancellation of future proposed or accepted work does not create a right to a refund of the first-time client fee.
The Client remains responsible for services already performed and for non-refundable or non-returnable costs reasonably incurred specifically for the project, including special-order trees, plants, materials, equipment, subcontracted services, permits, or similar committed expenses.
If a proposal includes a specific deposit or cancellation provision, that provision also applies.
Nothing in this section limits a Client’s cancellation rights under applicable federal, state, or local law.
Where a transaction is legally subject to a statutory right of cancellation, the statutory requirements and cancellation period control.
12. Deposits and Special-Order Materials
The first-time client fee is separate from any project deposit and is not applied toward the contract price unless Arborist Solutions expressly agrees otherwise in writing.
Certain projects may require an additional deposit before scheduling production work or before Arborist Solutions purchases materials.
Deposit requirements will be stated in the applicable proposal.
Trees, shrubs, hardware, materials, equipment rentals, or other items purchased specifically for a Client’s project may become non-refundable once Arborist Solutions has incurred a non-refundable obligation to obtain them, except where applicable law provides otherwise.
13. Payment
Unless the applicable proposal or invoice provides different terms, payment is due upon completion of the invoiced work.
The Client is responsible for reviewing the invoice and promptly raising any legitimate billing question.
Balances remaining unpaid after their due date may accrue interest at the lesser of 1.5% per month (18% annually) or the maximum amount permitted by applicable law.
The Client may also be responsible for reasonable collection costs actually incurred to the extent permitted by law.
Returned payments may be charged the actual bank or processing costs incurred by Arborist Solutions.
Arborist Solutions may suspend additional work while an account is past due.
14. Property Ownership and Authority
The Client represents that the Client either owns the property where the work is to be performed or has authority from the owner to authorize the work.
For trees located on or near a property line, the Client is responsible for determining ownership and obtaining any necessary permission from neighboring owners before authorizing work.
Arborist Solutions is not responsible for resolving boundary disputes, ownership disputes, easement disputes, or disagreements between neighbors.
If ownership or authority becomes disputed, Arborist Solutions may stop work until the matter is resolved.
15. Property Access
The Client will provide reasonable access to the work area on the scheduled service date.
Unless otherwise agreed, access must be available for personnel and any equipment reasonably necessary to perform the contracted work.
The Client should remove vehicles, furniture, decorations, toys, hoses, temporary structures, and other movable property from the work area when requested.
Gates should be unlocked or access arrangements made before the crew arrives.
Pets, children, residents, guests, and other persons must remain outside designated work zones while tree work is underway.
If Arborist Solutions cannot safely access the work area because of conditions within the Client’s control, the work may be postponed and additional mobilization costs may apply if disclosed and appropriate.
16. Utilities and Hidden Property Features
The Client must disclose known underground or concealed property features that may affect the work.
Examples include irrigation systems, invisible or electronic pet fencing, landscape lighting, privately installed electrical lines, privately installed gas or water lines, drainage systems, septic tanks and leach fields, wells, buried tanks, conduit, pool equipment, underground structures, private communication lines, retaining systems, and other privately installed improvements.
Public utility-marking services do not necessarily identify private lines or systems.
Arborist Solutions will exercise reasonable care but is not responsible for damage to undisclosed or improperly marked private underground facilities unless caused by Arborist Solutions’ negligence.
Work near overhead electrical utilities may require coordination with the utility provider. Arborist Solutions may postpone or decline work until appropriate utility precautions have been completed.
17. Site and Ground Conditions
Tree work often requires heavy equipment, including trucks, chippers, loaders, lifts, stump grinders, compact equipment, and other machinery.
Arborist Solutions will use reasonable care when accessing the property.
However, temporary lawn impressions, flattened turf, minor soil disturbance, small amounts of sawdust or wood debris, and similar ordinary effects of properly performed tree work may occur.
Soft, saturated, newly landscaped, septic, irrigated, or otherwise sensitive areas should be disclosed before work begins.
If the Client requests equipment access over a driveway, patio, walkway, lawn, or other surface, the Client should disclose known structural limitations or pre-existing damage.
Arborist Solutions is not responsible for failure of a pre-existing defective, inadequately constructed, or concealed surface unless damage is caused by our negligence.
18. Cleanup
Unless otherwise stated in the proposal, Arborist Solutions will perform reasonable cleanup of debris generated by the contracted work.
Tree work takes place outdoors and does not include detailed landscape restoration or removal of every twig, leaf, wood shaving, piece of bark, or particle of sawdust.
Logs, wood, chips, stump grindings, and other materials will be handled as stated in the proposal.
If the Client requests that wood or chips remain on the property, the Client becomes responsible for their subsequent handling and use after delivery or placement.
19. Tree and Plant Health: General Limitations
Trees and shrubs are living organisms influenced by weather, genetics, soil, construction, pests, disease, prior damage, root conditions, watering, surrounding vegetation, environmental stress, and many other factors outside Arborist Solutions’ control.
No arborist can guarantee that a tree will remain healthy, survive indefinitely, or never fail.
A treatment or recommendation intended to improve health, reduce risk, or manage a disease or pest is not a guarantee of a particular biological outcome.
Unless a written warranty specifically states otherwise, Arborist Solutions does not guarantee survival, recovery, pest elimination, disease eradication, or a particular rate of growth.
20. Pruning
Pruning will be performed according to the objectives stated in the proposal and generally accepted arboricultural practices applicable to the work.
Trees are natural organisms. Pruning will not necessarily result in perfect symmetry or a predetermined aesthetic shape.
The amount of live foliage that can safely be removed may be limited by tree health, species, age, structure, season, previous pruning, defects, or other biological considerations.
Arborist Solutions may decline to perform pruning that our arborists believe would unreasonably damage a tree or create an unacceptable safety concern.
Pruning may reveal decay, cracks, cavities, included bark, pests, disease, weak attachments, or other defects that were concealed before work began.
If previously concealed conditions materially change the recommended work, Arborist Solutions may stop and discuss additional recommendations with the Client.
21. Deadwood Removal
When deadwood removal is included, the proposal may specify a minimum branch size or other objective.
Because branches are viewed from the ground or canopy and trees contain thousands of small twigs and branches, deadwood removal does not mean that every dead twig or minor piece of dead material will be removed unless the proposal specifically requires that level of work.
22. Tree Removal
Unless otherwise stated, tree removal means removal of the above-ground portion of the specified tree to a practical stump height.
Tree removal does not include stump grinding, excavation of the root system, removal of underground roots, hauling of soil, replacement planting, or landscape restoration unless specifically included.
Removal work may expose previously concealed decay, cavities, embedded objects, concrete, metal, fencing, wire, stones, or other materials.
Additional charges may apply if undisclosed embedded or concealed materials materially increase the work or damage equipment.
23. Stump Grinding
Stump grinding does not remove the entire underground root system.
Unless specifically stated otherwise, only the stump and accessible portions of major surface roots necessary to achieve the agreed grinding objective are included.
Buried roots may remain and may decay over time.
Stump grinding may produce a mixture of wood chips and soil. Handling, removal, backfilling, topsoil, grading, seeding, sod installation, or other restoration is included only when specifically stated in the proposal.
Soil and grindings may settle after the work has been completed.
Arborist Solutions does not guarantee against future settlement, mushrooms, fungal activity, root sprouts, or the natural decomposition of remaining roots.
24. Plant Health Care, Pesticides, and Tree Treatments
Plant health care recommendations are based on observed symptoms, site conditions, available information, professional experience, and diagnostic information available at the time.
Some pests and diseases cannot be definitively identified without laboratory testing.
When laboratory testing is recommended but not authorized, treatment recommendations may necessarily be based upon a probable or working diagnosis.
Applications will be performed in accordance with applicable product labeling and legal requirements.
Treatment timing may change because of weather, plant development, pest life cycles, soil conditions, temperature, precipitation, or other biological factors.
Treatments including injections, sprays, drenches, soil amendments, fertilization, and similar services are intended to manage plant-health conditions. They do not guarantee a cure or complete prevention of future problems.
Some treatment methods intentionally create small injection sites, drill holes, wounds, or other temporary physical effects associated with the treatment technique.
The Client should inform Arborist Solutions before treatment of any known site condition relevant to safe application or access.
25. Fertilization and Soil Treatments
Fertilization, soil amendments, mycorrhizal products, biochar, humic materials, decompaction, vertical mulching, radial trenching, and similar soil-health services are intended to improve or manage growing conditions.
Results vary based on existing soil conditions, root condition, drainage, environmental stress, construction history, irrigation, species, weather, and other factors.
These treatments do not guarantee tree recovery, growth rate, survival, or correction of unrelated structural defects.
26. Root Collar Excavation and Root Work
Root collar excavation, air excavation, root pruning, and other root-zone work may reveal girdling roots, buried root collars, decay, injuries, utility conflicts, poor planting conditions, structural roots, or other conditions that could not be assessed beforehand.
Discovery of these conditions may change the recommended scope.
Root work inherently involves professional judgment regarding which roots should or should not be disturbed.
Arborist Solutions may stop or modify the work if continuing would create an unreasonable risk to the tree, surrounding property, utilities, or people.
27. Cabling, Bracing, and Tree Support Systems
Cabling, bracing, and other supplemental support systems are intended to reduce certain identified structural risks.
They do not make a tree fail-proof and do not eliminate the possibility of branch, stem, root, hardware, or whole-tree failure.
Trees and support systems should be periodically inspected, particularly after significant storms or changes in tree condition.
Unless an ongoing inspection or maintenance program has been purchased, the Client is responsible for requesting future inspection of installed support systems.
Support systems have finite service lives and may require adjustment, repair, replacement, or removal over time.
28. Tree Risk Assessments and Professional Opinions
Unless a formal tree risk assessment or other specified professional service is expressly included in the proposal, observations made during an ordinary site visit are not a comprehensive tree risk assessment.
Tree assessment is limited by visibility, access, time, inspection level, environmental conditions, and the diagnostic methods included within the agreed scope.
A visual inspection cannot identify every internal defect, root problem, concealed cavity, crack, structural weakness, or future failure mechanism.
A tree risk assessment or professional opinion describes conditions existing or reasonably observable at the time of the assessment.
Tree condition and risk can change after storms, construction, excavation, root damage, disease progression, environmental stress, or simply with the passage of time.
No tree risk assessment guarantees that a tree or branch will not fail.
Unless Arborist Solutions is specifically retained for ongoing monitoring, completing an inspection or assessment does not create a continuing duty to monitor the tree or property after the service is completed.
29. Consulting, Reports, Inventories, Appraisals, and Design
Professional consulting services may be subject to separate fees from ordinary estimates.
These may include formal tree risk assessments, written arborist reports, inventories, appraisals, tree preservation plans, construction consultation, planting plans, species selection, landscape or tree design, nursery sourcing, detailed written specifications, insurance or legal documentation, expert consultation, and other professional work requiring substantial research or preparation.
The first-time client fee does not automatically purchase these services.
Arborist Solutions may require a separate consulting or design fee before beginning substantial planning, sourcing, research, design, or written professional work.
Once professional consulting or design work has been completed, fees for that work are earned regardless of whether the Client ultimately hires Arborist Solutions to perform the installation or production work.
Unless otherwise agreed, recommendations and reports apply only to the property, trees, conditions, and intended purpose for which they were prepared.
If a Client provides Arborist Solutions’ plans, recommendations, reports, or specifications to another contractor, Arborist Solutions is not responsible for that contractor’s interpretation, substitution, execution, workmanship, or results.
30. Tree Planting
Tree availability, size, form, and nursery pricing can change.
A proposal involving specific plant material remains subject to availability until the material is purchased or reserved.
Arborist Solutions will not make a material species substitution without Client approval or an agreement allowing equivalent substitutions.
Proper establishment of newly planted trees requires ongoing care after installation, particularly adequate watering.
Unless an ongoing care program specifically assigns that responsibility to Arborist Solutions, the Client is responsible for following watering and care instructions after planting.
Standard tree planting does not include a survival warranty unless a warranty or care plan is specifically included in the proposal.
31. Optional Five-Year Tree Care Plan and Warranty
Arborist Solutions may offer an optional paid five-year care plan and warranty for eligible residential tree plantings.
The specific proposal or warranty documentation identifies which trees are enrolled and the services included.
The program may include scheduled arborist inspections, establishment treatments, fertilization, watering-support products, or other services described in the applicable proposal.
A tree is not covered merely because Arborist Solutions planted it. Coverage exists only when the applicable warranty program has been purchased and the tree is specifically included.
Unless the individual warranty states broader coverage, warranty remedies apply to qualifying failures caused by a covered planting defect or another condition expressly identified as covered by the warranty.
Coverage does not apply to losses caused by circumstances outside the warranty, including where applicable failure to provide required watering or care, excessive watering, flooding or drainage conditions outside Arborist Solutions’ control, drought or extreme weather, storm damage, lightning, animals or wildlife, mower or string-trimmer damage, vehicle damage, vandalism, herbicide or chemical injury caused by others, construction or excavation, utility work, changes to grade or drainage, damage by another contractor, transplanting or moving the tree by another party, intentional or accidental Client damage, or other causes not resulting from a covered defect.
The Client must provide reasonable access for required warranty inspections and maintenance.
A Client’s failure to permit required care or repeatedly follow reasonable establishment instructions may affect warranty coverage where the failure materially contributes to the tree’s decline.
Any replacement, repair, treatment, or other warranty remedy will be governed by the specific warranty program purchased.
Nothing in this section reduces any non-waivable rights provided by law.
32. No General Guarantee of Tree Survival or Safety
Except for a specific written warranty, Arborist Solutions does not guarantee that a tree will survive, that a declining tree will recover, that a disease will be cured, that an insect or pest will be eradicated, that a tree will not lose branches, that a tree will not fail, that a tree will remain structurally sound indefinitely, that a treatment will prevent every future infection or infestation, or that future environmental conditions will remain favorable.
Our responsibility is to perform the contracted service using reasonable professional care appropriate to the scope of work.
33. Recommendations Declined by the Client
Arborist Solutions may recommend work that the Client elects not to perform.
The Client is free to accept, postpone, decline, or obtain another opinion regarding any recommendation.
Arborist Solutions is not responsible for consequences arising solely from a Client’s decision not to authorize recommended work, except to the extent otherwise required by law.
Conditions may worsen between the date of a recommendation and the date work is eventually authorized.
34. Permits, Associations, and Other Approvals
Unless the proposal specifically states otherwise, the Client is responsible for identifying and obtaining approvals required from homeowners associations, property owners, neighbors, easement holders, or other private parties.
Government permits or permissions specifically required for the contracted tree work will be handled by the party identified in the proposal or as otherwise agreed.
The Client should advise Arborist Solutions of known deed restrictions, protected-tree rules, easements, or other restrictions that may affect the work.
35. Wildlife and Environmental Conditions
Arborist Solutions may postpone or modify work when wildlife, protected species, active nests, environmental regulations, or other site conditions make the proposed work inappropriate or unlawful.
We may also decline to perform work that our arborists believe would create an unreasonable environmental or biological impact inconsistent with professional tree-care practices.
36. Photographs and Documentation
Arborist Solutions may photograph or record trees, equipment, work areas, and completed work for internal documentation, quality control, training, and recordkeeping.
Arborist Solutions may also use non-sensitive photographs of our work for educational or marketing purposes.
A Client who does not want photographs of the property used publicly may notify Arborist Solutions in writing.
We will make reasonable efforts not to publish personally identifying information such as a Client’s name, house number, license plate, or other sensitive information without permission.
37. Client Communications
Clients are responsible for providing accurate contact information and monitoring the email address, telephone number, or customer portal used for project communication.
Notices, estimates, invoices, schedule information, and approvals may be communicated electronically.
A Client should notify Arborist Solutions promptly if contact information changes.
38. Damage or Concerns After Service
If the Client believes Arborist Solutions caused property damage or failed to complete contracted work, the Client should notify Arborist Solutions promptly and provide reasonable access for us to inspect the concern.
Whenever reasonably practical, Arborist Solutions should be given an opportunity to inspect and address a legitimate workmanship or property-damage concern before another contractor alters or repairs the condition.
Nothing in this provision eliminates legal rights that cannot be waived.
39. Workmanship
Arborist Solutions agrees to perform contracted services using reasonable care and professional judgment appropriate to the work.
If a workmanship issue attributable to Arborist Solutions is identified, our preferred remedy is to inspect the concern and, when appropriate, correct the work.
This does not create a guarantee regarding natural biological outcomes, tree survival, future tree failure, or conditions beyond the agreed scope.
40. Pre-Existing Conditions
Arborist Solutions is not responsible for pre-existing damage, defects, decay, cracks, poor construction, unstable pavement, defective irrigation, compromised utilities, deteriorated fences, weak landscaping, root damage, soil compaction, existing lawn damage, or other conditions not caused by our work.
Tree work may sometimes make a pre-existing condition more visible.
41. Third Parties
Arborist Solutions is not responsible for the acts or omissions of other contractors, landscapers, utility providers, neighbors, governmental entities, property managers, or other third parties outside our control.
If another person alters, damages, treats, prunes, excavates around, or otherwise affects a tree after our work, that activity may change our prior recommendations or the condition of the tree.
42. Limitation of Liability
To the maximum extent permitted by applicable law, Arborist Solutions will not be liable for indirect, incidental, special, or consequential damages arising from circumstances outside the reasonable scope of the contracted work.
Nothing in these Terms excludes or limits liability for negligence, willful misconduct, or any liability or remedy that cannot lawfully be excluded or limited.
Nothing in these Terms should be interpreted as a guarantee that trees or natural systems can be made completely safe or predictable.
43. Events Beyond Our Reasonable Control
Arborist Solutions is not responsible for delays or inability to perform caused by events reasonably beyond our control, including severe weather, storms, natural disasters, utility emergencies, governmental restrictions, supply shortages, equipment failure despite reasonable maintenance, labor disruptions, road closures, fire, epidemic conditions, or similar events.
Affected work will be rescheduled or otherwise addressed reasonably under the circumstances.
44. Website Information
Information provided on arboristsolutions.com, social media, videos, articles, emails, or other educational material is general information and is not a substitute for a site-specific professional evaluation.
Tree conditions vary significantly from property to property.
General educational material should not be interpreted as a diagnosis, guarantee, warranty, or recommendation for a specific tree unless Arborist Solutions has evaluated that tree and provided a specific recommendation.
45. Website Content and Intellectual Property
Unless otherwise stated, original written content, photographs, graphics, reports, educational materials, designs, and other materials created by Arborist Solutions remain the property of Arborist Solutions or their respective rights holders.
Clients may retain and use reports, plans, or other deliverables provided to them for the intended project and purpose, subject to any specific agreement applicable to that work.
Arborist Solutions’ name, photographs, reports, or professional opinions may not be materially altered and represented as an unmodified Arborist Solutions document.
46. Privacy
Use of personal information submitted through the Arborist Solutions website or provided in connection with services is also subject to the Arborist Solutions Privacy Policy.
Project information may be maintained as reasonably necessary for scheduling, service history, billing, warranty administration, safety, documentation, and future tree-care recommendations.
47. Ohio Consumer Rights
Nothing in these Terms is intended to waive any right provided to a consumer by applicable Ohio or federal law when that right cannot legally be waived.
Where a transaction qualifies for a statutory cancellation or cooling-off period, Arborist Solutions will honor the applicable legal requirement.
If a provision of these Terms conflicts with a mandatory consumer-protection requirement, the mandatory legal requirement controls.
48. Governing Law
These Terms and agreements for services provided in Ohio will be governed by the laws of the State of Ohio, without regard to conflict-of-law principles, except where federal law or another mandatory law applies.
Any legal proceeding concerning the services should be brought in a court having proper jurisdiction and venue under applicable law.
49. Good-Faith Resolution of Disputes
Arborist Solutions encourages Clients to contact us directly if a concern arises.
Both parties should make a reasonable good-faith effort to understand and resolve a service, workmanship, billing, or communication dispute before pursuing formal legal remedies when circumstances permit.
This section does not prevent either party from exercising a legal right or remedy when necessary.
50. Severability
If a court determines that one provision of these Terms is invalid or unenforceable, that provision will be enforced to the maximum extent legally permissible or severed as necessary.
The remaining provisions will continue in effect.
51. No Waiver
A failure by Arborist Solutions to enforce a provision on one occasion does not permanently waive the right to enforce that provision in the future.
Providing an accommodation or exception to one Client or project does not require Arborist Solutions to provide the same accommodation or exception in another situation.
52. Entire Agreement
The accepted proposal, these Terms, and any applicable written warranty, addendum, change order, or other incorporated document constitute the agreement concerning the contracted services.
Statements or discussions that materially change the scope, price, warranty, or obligations of either party should be confirmed in writing.
53. Changes to These Terms
Arborist Solutions may update these Terms from time to time.
Updates posted after a Client accepts a particular proposal do not retroactively change the terms governing that accepted proposal unless both parties agree or the change is required by law.
Future services may be governed by the version of these Terms in effect when those services are accepted.
54. Contact
Questions regarding these Terms or Arborist Solutions services may be directed to:
- Arborist Solutions, LLC
- Central Ohio
- Phone: 614-784-3705
- Email: office@arboristsolutions.com
- Website: www.arboristsolutions.com
Acknowledgment for Proposals
By accepting a proposal, the Client acknowledges that they have reviewed and agree to Arborist Solutions, LLC’s Terms and Conditions of Service in effect on the date of acceptance. The Terms and Conditions are available at arboristsolutions.com/terms-and-conditions and are incorporated into the proposal by reference. Any specific terms stated in a proposal or an attached service-specific agreement control over conflicting general terms.