TERMS AND CONDITIONS

PRIVACY POLICY

It is agreed by and between Republic Tree Service (the qualified professional) and the authorizing party (client, owner, or owner’s agent) that the following provisions are made part of this contract:

SCOPE OF WORK

The specific services to be performed, including the trees involved, type of work (pruning, removal, stump grinding, etc.), pricing, and all job details, are described in the accompanying proposal/quote. The proposal/quote is incorporated into and made part of this contract. These Terms and Conditions apply to all work performed under the proposal.

PROPOSAL VALIDITY

This proposal is valid for 30 days, after which all pricing, specifications, and recommendations become null and void.

TREE FAILURE & LIABILITY

Trees and tree parts, including those not directly inspected, may fail at any time before, during, or after the work, causing damage, injury, or death. Republic Tree Service is not liable for such failures except to the extent caused by its own negligence or willful misconduct. 

CUSTOMER WARRANTIES / SITE CONDITIONS

Customer represents and warrants that: (a) Customer is the owner of the property or is fully authorized by the owner(s) to approve the work; (b) all trees covered by this Agreement are located on property for which Customer has authority to authorize the work; (c) site access and ground conditions are reasonably suitable for the equipment necessary to perform the work; and

(d) all material information about utilities, structures, easements, property lines, and site hazards has been disclosed to Republic Tree Service.

Customer shall defend, indemnify, and hold harmless Republic Tree Service from third-party claims, damages, losses, costs, and expenses, including reasonable attorney’s fees, arising out of Customer’s breach of the foregoing warranties or Customer’s failure to disclose site conditions, hazards, utility conflicts, ownership issues, or access restrictions.

ACCESS / RETURN TRIP CHARGES

Customer shall provide safe, legal, and unobstructed access to the jobsite, including adequate gate width, driveway access, parking, and work clearances. If Republic Tree Service cannot safely access or perform the work as scheduled due to blocked access, animals, locked gates, vehicles, third parties, weather exposure caused by site conditions, or undisclosed hazards, Republic Tree Service may leave the site and charge a return-trip or standby fee based on actual labor, travel, and equipment costs.

UNFORESEEN CONDITIONS / CHANGE ORDERS

Tree work involves inherent risks and hidden conditions that may not be visible during inspection, including internal decay, compromised roots, buried debris, concealed metal, hazardous wildlife, insect activity, unstable soil, private utility conflicts, or other unsafe conditions.

If unforeseen conditions are encountered that increase risk, change the means and methods of the work, or require additional labor, equipment, disposal, traffic control, or safety measures, Republic Tree Service may stop work and issue a written change order revising the scope, schedule, and price. No additional non-emergency work shall proceed until Customer approves the change order in writing, including approval by email or text message sent to the contact information listed on the proposal.

Customer shall pay for all work performed and costs incurred up to the time work is paused. Emergency work reasonably necessary to protect persons, property, or equipment may be performed without prior written approval and shall be billed on a time-and-material basis at Republic Tree Service’s standard rates.

UTILITY LOCATE RESPONSIBILITY

Customer is solely responsible for identifying, marking, and disclosing before work begins all underground and concealed improvements and utilities that may be affected by the work, including without limitation irrigation lines, sprinkler heads, landscape lighting, invisible fencing, private electrical lines, gas lines, drain lines, water lines, septic systems, sewer systems, and other private facilities not located by 811 or public utility locate services.

Republic Tree Service may rely on the accuracy and completeness of all markings and information supplied by Customer. Republic Tree Service shall not be responsible for damage to utilities, systems, or improvements that are unmarked, inaccurately marked, concealed, unmapped, or not disclosed before work begins.

SAFETY & PROFESSIONALISM

All work will be performed in accordance with the latest ANSI Z133 Safety Standard, ANSI A300 Tree Care Standard, and all applicable federal, state, and local laws. The authorizing party agrees not to enter the work area during operations and assumes all liability for any injury resulting from doing so. 

Subcontractor Clause

Republic Tree Service reserves the right to use qualified subcontractors to perform all or part of the work.

PREPARATION, CLEAN-UP, & SITE RESPONSIBILITY

Unless otherwise stated in the proposal, Customer shall, before work begins, remove, protect, or secure all vehicles, furniture, planters, décor, fences, gates, lawn ornaments, play equipment, lighting, irrigation components, and other movable or vulnerable property in or near the work area.

Republic Tree Service is not responsible for ordinary and incidental effects of necessary access and tree work, including minor ruts, divots, compaction, surface scratching, bark scuffing, or small debris, except to the extent caused by Republic Tree Service’s negligence or willful misconduct.

Unless expressly included in the proposal, clean-up means removal of major wood, brush, and clippings generated by the contracted work and basic raking of accessible work areas only. Clean-up does not include restoration of turf, landscape repair, regrading, compaction remediation, irrigation repair, replacement planting, or hauling of pre-existing debris.

WORK ZONE / DROP ZONE RISK

Customer understands that tree trimming and removal may involve rigging, lowering, swinging, or dropping limbs, trunks, and wood into designated work zones. Despite the use of reasonable care, tree work may involve unavoidable impact to lawns, landscaping, and surrounding surfaces within the work area.

Customer shall clear the work area and all designated drop zones before work begins. Republic Tree Service is not responsible for damage to items left within the work area, access path, crane path, equipment path, or drop zone.

STUMPS

Unless specified otherwise, stumps will be cut flush (1 foot or less above grade) and grindings (if removed) will be left piled in the hole.

NO GUARANTEES

Republic Tree Service provides no warranty or guarantee that trees will remain healthy, stable, or free from future failure or damage after the work is completed. Any maintenance recommendations are advisory only and do not create a warranty.

MAINTENANCE RECOMMENDATIONS

Any maintenance or monitoring suggestions require ongoing care by the owner, especially after storms. Republic Tree Service is not responsible if recommendations are not followed.

INSURANCE

Republic Tree Service maintains liability insurance and Workers’ Compensation coverage to the extent required by Texas law. If the client’s insurance requirements exceed those carried by Republic Tree Service, the client must notify Republic Tree Service in writing prior to work commencing so the quote can be adjusted accordingly.

COMPLETION & DELAYS

Republic Tree Service may cancel this contract before work begins. Republic Tree Service shall not be liable for any delays or failure to perform caused by events beyond its reasonable control, including severe weather, acts of God, pandemics, government orders, labor disputes, or material shortages. The authorizing party must provide timely, unobstructed access to the site at no cost. If site access is restricted, unsafe, or materially different from initial inspection, Republic Tree Service reserves the right to adjust pricing or halt work until conditions are corrected.

LIMITATION OF LIABILITY

To the fullest extent permitted by Texas law, Republic Tree Service’s aggregate liability arising out of or related to this Agreement, the proposal, or the work performed shall not exceed the total amount actually paid by Customer under this Agreement.

In no event shall Republic Tree Service be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation loss of use, loss of business opportunity, loss of profits, diminution in property value, or sentimental value, even if advised of the possibility of such damages.

Nothing in this Agreement limits liability for damages finally determined by a court or arbitrator to have been caused by Republic Tree Service’s fraud, willful misconduct, or gross negligence, to the extent such limitation is prohibited by law.

TERMS OF PAYMENT

The deposit specified in the proposal is due upon acceptance of this Agreement and must be received before scheduling. Unless the proposal expressly states otherwise, the remaining balance is due immediately upon substantial completion of the work.

“Substantial completion” means the contracted tree services described in the proposal have been materially completed, even if minor punch-list items, final touch-up clean-up, or administrative closeout remain.

Any invoice not paid within ten (10) calendar days after its due date is past due. Past-due balances shall incur the following late charges: (a) $35.00 for balances under $1,000.00; (b) $75.00 for balances from $1,000.00 through $4,999.99; or (c) for balances of $5,000.00 or more, 10% per annum or the maximum rate allowed by applicable law. Customer shall pay all reasonable costs of collection, including reasonable attorney’s fees, court costs, arbitration fees, and lien-related filing costs incurred by Republic Tree Service in collecting any unpaid amount.

Republic Tree Service may suspend work for non-payment and reserves all lien and collection rights, suspension rights, and lien rights available under Texas law.

RIGHT TO WITHHOLD PERFORMANCE / REMOVE MATERIALS

If Customer fails to make any payment when due, Republic Tree Service may, upon notice to Customer, suspend performance, remove personnel and equipment from the site, reschedule the work, and/or refuse to perform additional work until all past-due amounts and applicable charges are paid in full.

Unless otherwise stated in the proposal, any severed trees, logs, brush, wood, chips, or debris designated for removal shall remain under the control of Republic Tree Service until Customer has paid all amounts due in full.

PERMITS / HOA APPROVALS

Unless the proposal expressly states otherwise, Customer is solely responsible for obtaining and paying for all required permits, governmental approvals, utility approvals, and HOA or POA authorizations before work begins.

If Republic Tree Service agrees in writing to obtain any permit or approval on Customer’s behalf, all associated costs, fees, delay charges, and administrative time shall be added to the invoice and paid by Customer.

CANCELLATION & RESCHEDULING

Customer must provide at least forty-eight (48) business hours’ notice to cancel or reschedule scheduled work.

If Customer cancels or reschedules with less than forty-eight (48) business hours’ notice, Customer agrees to pay a cancellation charge equal to twenty-five percent (25%) of the total quoted job price, with a minimum charge of $350.00, as liquidated damages and not as a penalty. The parties agree that, at the time of contracting, actual damages from short-notice cancellation or rescheduling would be difficult to determine and that this amount is a reasonable estimate of Republic Tree Service’s anticipated losses, including crew scheduling disruption, equipment reservation, administrative expense, and lost booking opportunity. Texas courts generally enforce liquidated-damages clauses when damages are difficult to estimate at contracting and the amount is a reasonable forecast rather than a penalty.

If a crew is dispatched and denied access, Customer shall also be responsible for actual mobilization, equipment, dump, and standby costs incurred.

Weather-related postponement or rescheduling initiated by Republic Tree Service shall not constitute a cancellation by Republic Tree Service and shall not waive charges for any later customer-initiated cancellation or rescheduling.

BUSINESS HOURS

For all timing references in this agreement, “business hours” and “business days” mean 8:00 AM to 5:00 PM, Monday through Friday, excluding federal holidays.

PHOTOGRAPHS & VIDEO

Republic Tree Service may photograph/video the property before, during, and after work and may use such images for 1) marketing purposes, provided no personal identifying information is disclosed, and 2) job documentation, safety, and dispute resolution. 

DISPUTE RESOLUTION

Customer must notify Republic Tree Service in writing of any claim, complaint, or alleged deficiency within three (3) business days after substantial completion of the work and must provide Republic Tree Service a reasonable opportunity to inspect the site and, if appropriate, cure the issue.

Any dispute arising from or relating to this Agreement that the parties cannot resolve informally shall first be submitted to non-binding mediation in Bexar County, Texas. If the dispute is not resolved in mediation, it shall be resolved by binding arbitration in Bexar County, Texas, administered by the American Arbitration Association under its applicable rules, and judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act shall govern the enforceability of this arbitration agreement.

Notwithstanding the foregoing, Republic Tree Service may pursue collection of unpaid amounts, temporary injunctive relief, foreclosure or protection of lien rights, or claims within the jurisdictional limits of a small-claims court or justice court in any court of competent jurisdiction.

The prevailing party in any mediation, arbitration, court proceeding, or collection action arising out of this Agreement shall be entitled to recover its reasonable attorney’s fees, costs, and expenses.

NOTICES / ELECTRONIC COMMUNICATIONS

Any notice, approval, authorization, complaint, change order approval, scheduling communication, or consent required or permitted under this Agreement may be delivered by hand, email, or text message to the contact information provided by the parties in the proposal or invoice records.

Customer agrees that approval communicated by email, text message, electronic signature, or payment of the deposit shall have the same force and effect as a signed written approval.

COMMERCIAL & GOVERNMENT JOBS

For commercial or government contracts, Republic Tree Service can add job-specific riders or exhibits as needed to address additional requirements such as bonds, prevailing wage, higher insurance limits, or other project-specific terms.

GOVERNING LAW

This contract is governed by Texas law. Any litigation or arbitration will occur in Bexar County, Texas.

SEVERABILITY

If any provision of this contract is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

ENTIRE AGREEMENT

This contract, together with the proposal/quote, constitutes the entire agreement between the parties. No verbal agreements or prior understandings shall be binding. The customer acknowledges that they have not relied on any statements or representations not included in this written agreement.

WORK AUTHORIZATION

Your signature, email consent, or submission of a deposit confirms that you have read, understood, and agreed to this entire contract, including all terms and conditions.