Ownership of Trees, Authorization and Indemnification
1. Property Ownership and Authorization
The Homeowner acknowledges and understands that the trees, vegetation, or work areas identified for removal, trimming, pruning, or other services may not be located entirely within the Homeowner’s legal property boundaries and may be owned by neighboring property owners, homeowners associations (HOAs), utility companies, municipalities, governmental entities, or other third parties.
The Homeowner represents and warrants that they have obtained all necessary permissions, approvals, easements, permits, consents, and authorizations required for the Contractor to perform the requested work.
2. No Duty to Verify Ownership or Boundaries
The Contractor shall have no obligation to investigate, survey, verify, or determine property boundaries, ownership rights, easements, permit requirements, or legal authority concerning any tree, vegetation, or work area.
The Contractor is entitled to rely exclusively upon the Homeowner’s representations regarding ownership and authorization.
3. Responsibility for Permits and Compliance
The Homeowner assumes full responsibility for obtaining any permits, licenses, approvals, HOA authorizations, governmental approvals, utility clearances, or other permissions that may be required prior to commencement of the work.
Any fines, penalties, citations, corrective actions, or legal consequences resulting from the failure to obtain such approvals shall be the sole responsibility of the Homeowner.
4. Release and Hold Harmless
The Homeowner releases and agrees to hold harmless the Contractor, its owners, officers, employees, subcontractors, agents, and representatives from any and all claims, damages, losses, liabilities, penalties, fines, costs, expenses, or causes of action arising from or relating to:
- Ownership disputes;
- Property boundary disputes;
- Removal, trimming, or alteration of trees located outside the Homeowner’s property;
- Claims made by neighboring property owners or third parties;
- HOA disputes or violations;
- Municipal, governmental, environmental, or regulatory violations;
- Alleged lack of authorization to perform the requested work.
5. Customer-Identified Trees
Customer acknowledges that any tree marked, identified, or requested for removal by Customer shall be presumed authorized for removal by Contractor.
6. Indemnification
The Homeowner agrees to defend, indemnify, and hold harmless the Contractor, its owners, officers, employees, subcontractors, agents, and representatives from and against any and all claims, demands, lawsuits, judgments, damages, attorney’s fees, court costs, expenses, penalties, or liabilities arising out of or related to the work performed based upon the Homeowner’s instructions, representations, or authorization.
This indemnification obligation shall survive completion of the work and final payment under this Agreement.
Utility Lines and Underground Facilities
Customer is responsible for identifying and disclosing the location of all underground utilities, irrigation systems, septic systems, drainage systems, invisible pet fences, cables, pipes, and other buried facilities prior to commencement of work.
Contractor shall not be liable for damage to any undisclosed underground facility.
Neighboring Properties
Customer acknowledges that tree work may result in temporary access to, impact upon, or debris entering adjacent properties. Contractor shall exercise reasonable care but shall not be liable for claims arising from conditions beyond its reasonable control.
Limitation of Liability
In no event shall Contractor be liable for indirect, incidental, consequential, special, or punitive damages arising from the performance of services under this Agreement.
Contractor’s total liability shall not exceed the amount paid by Customer under this Agreement.
