1. Scope of Work & Operations

By accepting a quote, signing an estimate, or permitting McFarlan Tree Care Inc. to commence work, the Client authorizes the performance of specified services, including but not limited to, tree removal, pruning, hedge trimming, stump grinding, cabling/bracing, and Plant Health Care (PHC) applications. The Client grants full access to the property for necessary equipment, machinery, and personnel.

2. Property Surface, Lawn & Hardscape Disclaimer

Tree services activities involve heavy machinery, dropped timber/logs, limbs, or any woody debris, foot traffic, dragging branches, and high-vibration equipment. The Client acknowledges that minor scratches, scuffs, tire tracks, or surface marks on driveways, walkways, lawns, structures, or grounds are a normal and inherent part of tree work operations.

McFarlan Tree Care Inc. assumes no liability or responsibility for damage occurring during normal operations to any surrounding outdoor features, surfaces, or objects, including but not limited to:

• Softscape: Lawns, turf, flower beds, gardens, shrubs, trees, turf compaction, rutting, or surrounding vegetation.
• Hardscape: Scratches, scuffs, or surface marks on driveways, walkways, patios, pavers, retaining walls, flagstone, asphalt, or concrete.
• Outdoor Objects & Structures: Landscape lighting, irrigation, pots/planters, lawn ornaments, furniture, decks, fences, and outdoor fixtures.

3. Underground Utilities & Subsurface Systems

The Client is solely responsible for marking or notifying McFarlan Tree Care Inc. of all private underground lines and structures prior to work. McFarlan Tree Care Inc. is not liable for damage to unmarked or improperly buried utilities, including:

• Irrigation heads, drip tubing, and water lines.
• Low-voltage landscape lighting wires or invisible dog fencing.
• Septic tanks, drain fields, sewer pipes, or subterranean drainage systems.

4. Hedge Trimming & Pruning Specifics

Hedge trimming and structural pruning alter living plant tissue. McFarlan Tree Care Inc. is not responsible for:

• Dieback, sunscald, or foliage browning resulting from necessary seasonal pruning or hedge reduction.
• Pre-existing structural flaws, internal decay, or poor health obscured by outer foliage prior to trimming.

5. Cabling & Bracing Systems (Steel & Cobra Cable)

Installation of supplemental support systems (including extra-high-strength steel cabling, threaded rods, or dynamic Cobra cabling systems) is intended to reduce—not eliminate—the risk of structural failure.

• No Guarantee: Cabling and bracing systems do not guarantee a tree or branch will not fail during severe weather, high winds, ice, or weight overload.
• Maintenance & Inspection: Dynamic Cobra systems and steel hardware degrade over time. The Client is responsible for scheduling periodic inspection and maintenance. McFarlan Tree Care Inc. is not liable for hardware failure, tree failure, or subsequent damage following installation.

6. Plant Health Care (PHC) & Chemical Applications

Plant Health Care treatments (fertilization, pest management, fungicide, disease treatments, and soil conditioners) are biological management attempts, not guaranteed cures.

• No Liability for Plant Loss: McFarlan Tree Care Inc. takes precaution during application, but assumes no liability for plant damage, decline, or death resulting from:
• Environmental stress, drought, frost, extreme heat, or pre-existing disease.
• Uncontrollable pest infestations, biological pathogens, or disease resistance.
• Chemical drift or accidental overspray onto non-target plants, lawn areas, or adjacent gardens.

7. Visual Assessments, Opinions & Health Reports

Any verbal advice by any employee, health assessment, tree risk evaluation, or written report provided by McFarlan Tree Care Inc. represents a visual assessment based strictly on conditions present at the exact time of evaluation.

• Opinion Only: All evaluations reflect the visual observations and professional opinion of the technician/arborist at that moment.
• Temporal Validity: Assessments are valid only during the active timeframe of the evaluation. Because trees and plants are living organisms subject to rapid changes, McFarlan Tree Care Inc. is not responsible for changes in tree health, stability, or safety occurring after the evaluation due to weather events, soil shifting, pest invasion, or unforeseen internal decay.

8. Stump Grinding Conditions

Stump grinding produces wood mulch and subterranean soil displacement. Chips will be left in a mound at the stump location unless haul-away is explicitly listed on the estimate. McFarlan Tree Care Inc. is not responsible for leveling or backfilling the area with old or new material or for incomplete grinding caused by buried rocks, concrete, or subterranean obstacles.

9. Force Majeure, Weather Delays & Acts of God

McFarlan Tree Care Inc. shall not be held liable or responsible for any failure, delay, or damage caused directly or indirectly by events beyond its reasonable control ("Force Majeure events").

• Weather Delays & Crew Safety: McFarlan Tree Care Inc. reserves the right to postpone, reschedule, or temporarily halt services due to adverse weather conditions, including rain, high winds, lightning, extreme temperatures, snow, ice, or saturated soil conditions that present safety hazards to crew members or equipment. Delays caused by weather do not constitute a breach of contract or entitle the Client to discounts or refunds.
• Acts of God & Unforeseen Events: McFarlan Tree Care Inc. assumes no liability for tree failures, property damage, or delayed work resulting from Acts of God, severe storms, tornadoes, hurricanes, microbursts, floods, soil subsidence, earthquakes, lightning strikes, or sudden biological events outside human control.

10. Payment Terms, Deposits, Late Fees & Cancellations

• Deposit Requirements: A deposit of 20% is required upon job acceptance to secure scheduling on all jobs valued over $3000 before HST. Deposits are non-refundable unless cancelled within the permitted window outlined below.
• Payment Due Date: Full payment is due immediately upon completion of services unless prior written credit terms are established. Accepted payment methods include Credit Card with a 2.9% Surcharge, Check, Bank Transfer, Cash, E-Transfer.
• Late Fees & Interest: Invoices remaining unpaid after 30 days from the date of completion will incur a late administrative fee of $50 plus interest calculated at 1.5% per month / 18% per annum (or the maximum allowed by law) on the outstanding balance until paid in full. The Client is responsible for all costs of collection, including reasonable legal fees and collection agency costs.
• Cancellation & Rescheduling Rules:
• Client Cancellation: Cancellations or rescheduling requests must be made at least 2 business days / 48 hours prior to the scheduled start time. Cancellations made within 48 hours of scheduled work are subject to a cancellation fee of $100 / 15% of the total quote or forfeiture of the deposit.
• Same-Day / On-Site Cancellation: If crews arrive on site and are unable to work due to restricted access, unremoved vehicles/obstacles, client cancellation, or lack of authorization, a mobilization fee of $300 will apply.

11. Client Acceptance

Signing an estimate, approving a quote digitally, providing verbal consent, making a deposit payment, or allowing work to commence constitutes full legal acceptance of all disclaimers, terms, and conditions outlined above by McFarlan Tree Care Inc.