Contract Documents: The Contract includes these Terms and Conditions, together with the Proposal, any Change Order(s), and the Invoices (collectively as the "Contract").

Customer: Unless otherwise agreed to, the Customer is the person to whom the proposal is addressed, along with his/her employer or principal. Customer warrants that he/she is fully authorized to contract and bind his employer/principal to this Contract.

Change Orders: Upon request of the Customer, or as determined by Bears Tree Services Inc. as necessary to the safe and timely completion of the work, additional work may be added to or subtracted from the scope of work in the Proposal (or any other Change Order) by written Change Order, and the Customer shall be responsible for payment of all such additional work as provided in the Change Order or as provided herein.

Insurance: Bears Tree Services Inc. is fully insured with general liability and all employees are covered by workmen's compensation. Proof of insurance can be verified by requesting a Certificate of Insurance.

Minimum Visit Charge: Bears Tree Services Inc. charges a minimum of $500 to do tree work. While lower amounts may appear itemized in the proposal, they cannot be selected individually.

Tree Ownership: Customer warrants that all trees/stumps listed or referred to in the Proposal, in any communication by Customer, and any Change Order are either: (1) located on the Customer's property; and/or (2) Customer has received full permission from the owner to enter into this Contract. Should any tree/stump be mistakenly identified as to ownership, the Customer agrees to indemnify Bears Tree Services Inc. for any damages or costs incurred as a result thereof pursuant to the indemnity provision herein.

Work Zone: The Work Zone shall include all areas used and to be used by Bears Tree Services Inc. in the performance of the work, including all areas needed for mobilization, access, hauling, boom swing, ingress and egress. Customer warrants that the Work Zone is either: (1) located on the Customer's property; and/or (2) located on another's property and the Customer has received full permission from the other property owner to enter into this Contract and to conduct work on that property.

Stump and Root Grinding/Removal: Stumps will be ground to a depth of between 6-8′′ unless another specification is provided in the Proposal or Change Order. Unless otherwise agreed to in the Proposal or a Change Order, the following are not part of the Contract unless an amount or a rate is specifically listed:

• Stump removal

• Removal of stump grindings

• Surface and subsurface roots

Post Work Zone Condition: Upon completion of the work, Bears Tree Services Inc. shall remove all brush and debris from the work zone, and rake to clean the work site. Excess sawdust that cannot be raked will not be removed. Unless other agreements have been made.

USANorth811: USANorth811 will be called for your stump grind, if there are Utility lines buried such as electrical done by the homeowner, water features, invisible pet fences or other Utility lines not related to the companies contacted by all Cities in Northern California, call USANorth811 for clearance. Allow (3) three business days for approval. We are not responsible for buried Utility or Water lines we cannot see.

Permits: All Tree Services considered on City public or commercial property require a permit before work is conducted.

Customer's Work Zone Responsibilities:

• Work Zone Entry: Customer agrees not to enter the Work Zone during the performance of the work unless authorized by the crew leader on-site. Customer further agrees to keep the Work Zone free and clear from all employees, family members, children and pets. Bears Tree Services Inc. is not responsible for pets getting out of any enclosure.

• Work Zone Clearing: Customer shall remove all toys, furniture, decorations, swing sets, ornaments, potted plants, birdhouses, lighting, wind chimes, flags, hammocks, tree swings, and any other items of value from the Work Zone prior to commencement of the work. If you cannot move some of these items in advance, require our help or simply do not complete this process then you automatically waive the right to hold us accountable for damage to them.

Delays/Costs Due to Customer Failure, Unforeseen Conditions, or Conditions Outside Bears Tree Services Inc. Control: Any additional work, work time, or equipment needs required to complete the Contract, caused by any reason, including the Customer's failure complete its responsibilities herein, or caused by unforeseen conditions or conditions outside or beyond Bears Tree Services Inc. control, will be the responsibility of Customer and shall be paid for by the Customer on a time and material basis at Bears Tree Services Inc. customary rates or as required by any subcontractor of Bears Tree Services Inc.. These conditions may include, but are not limited to: insects, animals, harmful plants/fungi/organisms, Work Zone access issues, additional work needed to access the Work Zone or within the Work Zone due to changes, foreign material in trees and stumps, and changed conditions within the Work Zone (chicken coops, goat farms or landscape changes) after the date of the Proposal or Change Orders.

Lawn & Surfaces Damage/Repair: Bears Tree Services Inc. will attempt to minimize all disturbances to the customer's lawn and surfaces. However, Bears Tree Services Inc. must utilize vehicles & equipment to perform tree care services. Bears Tree Services Inc. shall not be liable for damages to landscaping, sod, plant material in the execution of its work or causes beyond their control (Examples: Ruts in yard due to wet conditions, limbs falling on flowerbeds, cracking of paved surfaces and/or sidewalk due to weight of trucks/equipment etc.)

Working with Nature: Trees and plants are natural, living organisms affected by factors beyond human control. No guarantee of trees, plants or general landscape safety, health or condition is expressed or implied.

Treatments, Fertilization and Plant Health Care: Bears Tree Services Inc. provides no warranties or guarantees as to the effectiveness or success of any tree or plant treatments. If we recommend treatment, it is because we think that the tree is a worthy candidate for treatment at that time.

Payment: Payment is due immediately upon completion of the work. In the event there are no extra charges or Change Orders, Customer shall pay the Contract price listed in the Proposal within seven (7) days of completion of the work or within (7) days of the invoice date, whichever is first. If additional work is needed (by Change Order or as provided herein), Customer shall pay for such work within seven (7) days of receipt of the invoice date. Failure to remit full payment when due shall result in a $50 late fee, plus interest at the rate of 1.8% per month. Bears Tree Services Inc. is entitled to its costs and reasonable attorney fees and appellate attorney fees for collection. Any partial payments will be first credited to penalties, interest, costs and attorney fees before credit to principal. A 3.95% will be added to all Credit Card payments to cover bank processing fees.

Customer Cancellation: Bears Tree Services Inc. requests that the authorizing party provide at least 24 hours advance notice for cancellation. If a crew member has been dispatched to the job site, the customer will be assessed a mobilization fee of $250.00 for incurred expenses. Cancellation fees may apply to any notice less than 24 hours' notice.

Insurance/Indemnity: Bears Tree Services Inc. possesses insurance that provides coverage in the event of injury to persons or property arising directly from the negligence of Bears Tree Services Inc. and/or its employees. Further, all the employees of Bears Tree Services Inc. are covered by Worker's Compensation Insurance. Once the work subject to this contract has been completed by Bears Tree Services Inc., customer/owner agrees to indemnify and hold harmless Bears Tree Services Inc., its employees, and its agents for any injury, loss, or expense in any way related to services performed under this contract, other than as expressly set forth above. In no event shall Bears Tree Services Inc. be liable to customer/owner for any damages of any sort that occur more than six (6) months after the scope of work subject to this contract has been completed, regardless of whether the damages arise from the work performed by or at the direction of Bears Tree Services Inc. The parties herein further agree that in no instance can the customer/owner seek damages in excess of Bears Tree Services Inc. applicable policy liability.​