Down To Earth Tree Service, LLC

Terms & Conditions of Service

Last Updated: 01/2026

1. Acceptance of Terms (Binding Agreement)

By approving an estimate, signing electronically, making payment, or allowing work to begin, the Customer agrees to be bound by all Terms & Conditions stated herein. These Terms apply to all services performed by Down To Earth Tree Service, LLC (“Contractor”).

2. Scope of Work

All work will be performed strictly according to the written estimate or invoice.

  • Any additional services, changes, or requests outside the original scope will require written approval and may result in additional charges.

  • Any verbal agreements or special requests (including leaving wood, logs, or debris on-site) are not valid unless confirmed in writing by Contractor.

  • If no written modification exists, the original scope of work shall control.

3. Pricing & Payment Terms

  • A deposit of 25% will be required to schedule services.

  • Unless otherwise stated in writing, full payment is due immediately upon completion of work.

  • Contractor reserves the right to delay or suspend services if payment terms are not met.

4. Card on File Authorization

By providing a credit or debit card, Customer authorizes Contractor to charge the card for:

  • Outstanding balances

  • Approved additional work

  • Late fees and collection costs

This authorization remains in effect until all balances are paid in full.

5. Late Payments, Fees, & Collections

  • Any unpaid balance is subject to a service charge of up to 20% per month (or the maximum allowed under Ohio law).

  • Customer agrees to pay all costs of collection, including attorney fees, court costs, interest, and lien filing fees.

  • Contractor reserves the right to pursue all legal remedies, including filing a mechanics lien.

6. Property Access & Site Conditions

Customer agrees to provide safe and unobstructed access to the work area, including:

  • Removal of vehicles, equipment, and personal property

  • Removal of pet waste and hazards

  • Disclosure of underground utilities (including irrigation, septic, or private lines)

Contractor is not responsible for damage to:

  • Unmarked or improperly marked utilities

  • Hidden or unknown site conditions

  • Items left within the work zone

Contractor may delay or reschedule work if the site is unsafe or inaccessible.

7. Customer Responsibility for Property Protection

Customer is responsible for removing or protecting all personal property, structures, and items within or near the work area. Contractor shall not be liable for damage to any items left in or around the work zone.

8. Tree Work Risks & Assumption of Risk

Tree removal and trimming involve inherent risks. Customer acknowledges and accepts that:

  • Falling limbs, shifting trees, and unexpected breakage may occur

  • Contractor is not responsible for incidental damage caused during standard or high-risk removals

  • Additional breakage may occur when removing dead, storm-damaged, or structurally compromised trees

9. Ground, Lawn & Property Damage

Due to the nature of tree work and use of heavy equipment:

  • Lawn damage, rutting, soil disturbance, and compaction are likely

  • Contractor is not responsible for damage to grass, landscaping, driveways, sidewalks, concrete, or underground systems

  • Restoration or repair is not included unless specifically stated in writing

10. Cleanup & Debris Removal

Unless otherwise stated in writing:

  • Contractor will remove major debris generated from the agreed scope of work

  • The property will be left in a generally clean condition; however, sawdust, leaves, small sticks, and minor debris may remain

  • If Customer requests that wood, logs, or debris remain on-site, cleanup will be limited accordingly

  • Additional cleanup services are available for an additional charge

11. Firewood / Material Retention

If Customer elects to retain wood or debris:

  • Contractor is not responsible for cutting, stacking, or organizing materials unless agreed in writing

  • Leaving materials on-site may reduce the level of cleanup performed

12. Weather, Delays & Scheduling

  • Work may be delayed due to weather, safety concerns, equipment issues, or unforeseen conditions

  • Contractor is not liable for delays outside its control

  • Scheduling dates are estimates and not guaranteed

13. Force Majeure

Contractor shall not be liable for delays or failure to perform due to events beyond its control, including but not limited to storms, severe weather, acts of God, equipment failure, accidents, labor shortages, or emergency conditions.

14. Utilities & High-Risk Conditions

  • Work near power lines or utilities may require coordination with utility providers

  • Contractor does not guarantee utility disconnection

  • Customer acknowledges and accepts risks associated with hazardous tree conditions

15. Equipment & Access Limitations

If site conditions differ from initial inspection (including restricted access or obstacles):

  • Additional labor or equipment may be required

  • Additional charges may apply

16. Insurance

Contractor maintains general liability insurance.

  • Proof of insurance is available upon request

  • Coverage is limited to policy terms, conditions, and limits

17. Right to Stop Work

Contractor reserves the right to stop work immediately if:

  • Site conditions are unsafe

  • Customer fails to meet obligations

  • Payment issues arise

Customer remains responsible for all work completed up to that point.

18. Claims & Disputes

  • Any concerns must be reported in writing within 3 days of job completion

  • Contractor must be given the opportunity to inspect and address any issues

  • Failure to provide timely notice constitutes full acceptance of the work and waiver of any claims

19. No Warranty

Contractor makes no guarantees or warranties, express or implied, regarding the outcome of services, including but not limited to tree health, structural integrity, or future conditions.

20. Limitation of Liability

To the fullest extent permitted by law:

  • Contractor shall not be liable for incidental, indirect, or consequential damages

  • Contractor shall not be liable for damages arising from or related to the performance of services, including claims of negligence, except in cases of gross negligence or willful misconduct

  • Total liability shall not exceed the amount paid for the services performed

21. Indemnification

Customer agrees to indemnify, defend, and hold harmless Contractor from any claims, damages, losses, or expenses arising out of:

  • Site conditions

  • Undisclosed hazards

  • Customer’s failure to meet obligations

  • Third-party claims related to the property

22. Waiver of Subrogation

To the fullest extent permitted by law, Customer agrees to waive all rights of subrogation against Contractor, its owners, employees, and subcontractors.

Customer further agrees that their insurance carrier(s) shall have no right of recovery or claim against Contractor for any loss or damage covered under any applicable insurance policy.

This waiver applies regardless of cause, including claims of negligence, to the fullest extent permitted under Ohio law.

23. Photography & Documentation

Contractor reserves the right to take photographs and videos of the job site for documentation, marketing, and dispute resolution purposes.

24. Governing Law & Venue

These Terms & Conditions shall be governed by the laws of the State of Ohio.

Any legal action shall be brought exclusively in the courts located in Cuyahoga County, Ohio.

25. Entire Agreement

These Terms & Conditions, together with the estimate or invoice, constitute the entire agreement between the parties.

No other representations or agreements are valid unless in writing and signed by Contractor.