I. PERFORMANCE BY The Naked Lawn
The Naked Lawn in administering the services of the Tree Assurance Program (“TAP”) shall perform the work described on the provided quotation in a professional manner by qualified personnel using appropriate tools, equipment and techniques to complete the job properly and safely. All Work will be supervised or performed by a professional arborist.
Work crews will arrive at the job site within a four (4) hour time frame on the date scheduled. TAP staff shall use reasonable efforts to meet all performance dates but shall not be liable for delays due to inclement weather or other causes beyond their control. An estimate of the number of days to complete the Work and an expected start date are provided as a courtesy only. Any delay in beginning or completing the Work shall not alter or invalidate any part of this contract, nor will they entitle Customer to additional rights or remedies.
III. OWNERSHIP & PERMITTING
Customer represents and warrants that all trees, plant materials and property upon which Work is to be performed are either owned by Customer or, if not owned by Customer, that the owner of such tress, plant materials and the property has authorized Customer to have the Work performed. Customer hereby grants The Naked Lawn a license to access and use such trees, plant materials and property in order to perform the Work. Customer shall be responsible for securing any permits or authorizations required to perform the Work and shall provide copies of same to TAP. The customer agrees that the final decision for tree removal is at the sole discretion of the city. In the event that a permit request is denied, the customer forfeits the 10% deposit as well as any additional fees associated with the Work.
IV. CONTRACT PRICE
The contract price shall be as set out on the preceding page and is exclusive of any applicable GST. Any prices specified are valid for up to three (3) months from the date of the estimate. If The Naked Lawn is required to perform Work in circumstances other than those expressly or reasonably assumed and normally pertaining to work of a similar nature, including any site conditions that were not known to The Naked Lawn at the time the quotation was provided, or if there is a change in the scope, timing or complexity of the Work, The Naked Lawn shall promptly notify Owner and the parties shall agree on an equitable adjustment to the contract price.
V. TERMS OF PAYMENT
Customer agrees to pay The Naked Lawn the quoted monthly fee upon acceptance of the quote as an authorization to proceed with the Work plus the full cost of arborist report and any permit associated fees if applicable. When The Naked Lawn is nearing the end of the contract, The Naked Lawn will notify the customer. Payments are made automatically every month, charged to the customer’s credit card. If Customer has provided a credit card number to The Naked Lawn, Customer authorizes The Naked Lawn to charge unpaid amounts to such credit card when due. Payment of any amount shall not be construed as acceptance by Customer of defective Work, and Customer agrees not to withhold any amount invoiced in accordance with this contract for any reason whatsoever. Failure by Customer to pay any amount within 30 days after the invoice date shall constitute a breach of this contract, and in addition to paying The Naked Lawn all amounts due hereunder, Customer shall indemnify The Naked Lawn for all costs incurred in collecting such unpaid amounts. The acceptable methods of payment are check, cash, e-transfer, debit card, VISA, and MasterCard.
This contract may be canceled by Customer by mailing written notice to The Naked Lawn no later than 14 days before Work is scheduled to commence. In the event of any such termination, Customer shall forfeit any payments. Customer may only terminate the Work less than 14 days before the Work is scheduled to commence by paying The Naked Lawn for any Work already performed and for any expenses incurred in preparing to perform the Work.
VII. MINOR DAMAGES
The Naked Lawn will always use reasonable care in the performance of the Work but shall not be liable for the damages to lawns, plants, ground covers and dilapidated structures, when performing tree services on large and dangerous trees. The Naked Lawn will not be liable for damages to underground fixtures when doing stump grinding and similar services. It is client’s responsibility to obtain locates for stump grinding. If for any reason Customer is not 100% satisfied with the Work, they have 10 business days after completion to raise their concerns. No complains will be accepted after that.
VIII. INSURANCE AND LIABILITY
The Naked Lawn has workers compensation insurance (WCB) in accordance with statutory requirements and a $2,000,000 general liability insurance policy. The Naked Lawn agree to provide evidence of insurance on the customer’s request. In no event shall The Naked Lawn be liable to Customer, irrespective of whether alleged to be by way of a result of breach of contract, tort, (including negligence and strict liability), or any other legal theory, and whether arising before or after the Work, for, and Customer hereby waives any right to, damages that constitute incidental, indirect, exemplary or consequential damages of any nature whatsoever. Customer shall indemnify, defend and hold The Naked Lawn harmless from and against any losses (including legal fees on a full indemnity basis), attributable to or arising out of any breach by Customer of its obligations in this contract. This paragraph shall survive the expiry or any termination of this contract.
This contract shall be governed by the laws of Alberta. This contract contains the entire understanding of The Naked Lawn and Customer with respect to the Work and reflects the prior agreements and commitments with respect thereto. There are no other oral understandings, terms or conditions and neither Party has relied upon any representation, express or implied, not contained in this contract. This contract may only be amended by a written amending agreement signed by both The Naked Lawn and the Customer. No waiver by either party of any breach or provision of this contract will be binding unless made in writing and any such waiver will extend only to the specific breach or provision waived and not to any future breach. Indemnities against, releases from and limitations and exclusions on liability expressed in this contract will apply even in the case of the fault, negligence or strict liability of the party indemnified or released or whose liability is limited, and will extend to the benefit the officers, directors, employees, agents, representatives, subcontractors and affiliates of such parties.