Terms and Conditions

LB HOLISTIC TREE INC. SERVICE TERMS AND CONDITIONS
Last Updated May 13, 2023

The following Terms and Conditions (the “T&Cs”) shall be incorporated into and deemed a part of any orders or service requests made to LB Holistic Tree Inc. (“we” or the “Company”).  Your acceptance of the T&Cs are a condition to the Company’s agreement to provide services to You. 

1. Payment and Terms.  You have been provided with a quotation for our proposed services.  By signing the quotation, you agree to pay the entire amount due immediately upon completion of our services.  In the event we request a progress payment prior to completion of our services, you agree to pay the requested amount promptly.  

2. Mechanics Lien.  You understand that, pursuant to California Civil Code § 8400 (et seq.), nonpayment for our services will give rise to a mechanics’ lien against the property that benefits from our services.  

3. Company Personnel.  Except as otherwise provided in these T&Cs, our services may be performed by such employees, agents or independent contractors of the Company, or of any subsidiary or affiliate of the Company, as we may determine.  References to “Company Personnel” herein include those employees, agents, and independent contractors of the Company and its subsidiaries or affiliates that perform services for the Company.

4. Customer Representations and Warranties.  By proceeding with our services, you represent and warrant to the Company as follows: (1) that you either own the property affected or to be affected by our services (the “Property”) or that you have the complete authorization and permission from the owner(s) of the Property to authorize the services requested herein, and (2) that you are providing us with consent to perform the requested services on the Property according to our own discretion and using techniques and measures to be determined by us based on our experience.  

5. Tree Cabling.  To the extent our services include cabling or bracing, you understand and acknowledge that the installation of cables, bolts, and other hardware in trees is intended to reduce hazard potential but they do not permanently remedy structural weaknesses and cannot provide any guaranteed results (including any guarantees against tree failure).  Affected trees and installed hardware should be inspected regularly and at least every 2 years by a certified arborist for hardware deterioration, adequacy, and changes in the condition of the tree or the site.  

6. Work Zone.  The “Work Zone” shall include all areas used and to be used by us in the performance of the work, including all areas needed for mobilization, access, hauling, boom swing, ingress and egress.  You agree not to enter the Work Zone during the performance of our services unless authorized by us.  You further agree to keep the Work Zone free and clear from all employees, family members, children, pets and any moveable items which could potentially be damaged. The Company is not responsible for pets getting out of any enclosure. The Company is not responsible for items left in the work zone area damaged during normal operations of business including but not limited to: unmarked sprinkler heads, unsecured PVC tubing, potted plants, electrical equipment, lights, heaters, etc. The Company shall operate safely in accordance with the applicable ANSI A300 and ANSI Z133 Standards and take reasonable measures to prevent accidents. 

7. Disclaimer of Warranties.  We do our best to provide customers with accurate and reliable advice based on our experience.  Trees and other aspects of gardening are living things and cannot be predicted with any degree of certainty.  Our services are, therefore, provided without any representations or warranties regarding results or outcomes.  By proceeding with our services, You acknowledge and agree that the ultimate results or outcomes may differ from your expectations. 

8. Limitation of Liability.  You agree that neither the Company nor any Company Personnel shall be liable (directly or indirectly, in contract or tort or otherwise) for any claim arising out of or relating to our services or these T&Cs, including any acts or omissions committed by Company Personnel in the performance of our services.  

9. Alternative Dispute Resolution.  Any dispute, claim or controversy arising out of or relating to these T&Cs or the services, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Long Beach, California before one arbitrator.  The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction.  This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 

10. Attorneys’ Fees and Expenses.  In the event of any dispute arising from or relating to the services or these T&Cs, including any fees and costs incurred to pursue payment for our services, the Company shall be entitled to reimbursement of any and all reasonable costs, damages, and expenses, including attorneys' fees, expended or incurred in connection with such dispute.