Terms & Conditions

TERMS AND CONDITIONS OF SERVICE

Zen Tree Care Consulting Inc.
(o/a “Zen Tree Care”)

 

1. Scope of Work

The “Work” is limited strictly to the services described in the written Quotation.

Any additional services requested or required due to unforeseen conditions shall constitute a Change Order and will be billed at Zen Tree Care’s prevailing rates unless otherwise agreed in writing.

 

2. Client Authority & Representations

The Client represents and warrants that:

• They are the legal owner of the property or have authority to authorize the Work

• All necessary third-party permissions have been obtained

Boundary Trees

The Client acknowledges obligations under applicable law, including the Ontario Forestry Act, and confirms that all required co-owner consents have been secured.

Zen Tree Care:

• Does not verify property boundaries

• Is not liable for disputes arising from boundary-related work

 

3. Permits, Arborist Reports & Regulatory Compliance

Unless explicitly stated otherwise:

The Client is solely responsible for obtaining:

• Municipal permits

• Conservation authority approvals

• Heritage or environmental clearances

Where Zen Tree Care Acts as Agent

If Zen Tree Care is engaged to:

• Provide an arborist report

• Apply for permits on behalf of the Client

Then:

• All report costs and permit fees are payable in advance

• These fees are non-refundable once incurred

Indemnity

The Client agrees to indemnify Zen Tree Care from any fines, penalties, or legal action resulting from non-compliance.

 

4. Deposits & Payment Terms

Deposits

• A 10% deposit is required on all contracts

Additional requirements:

• Tree removals (with permits/arborist reports):

  • Full cost of reports + permit fees due upfront

• Bracing, cabling, or similar work:

  • 10% deposit plus material costs upfront

Zen Tree Care reserves the right to delay scheduling until deposits are received.

 

Invoices

• Payment due upon completion unless otherwise stated

 

Overdue Accounts

• Interest: 2% per month (24% annually)

• Client responsible for:

  • Collection costs

  • Legal fees on a substantial indemnity basis

Zen Tree Care may suspend work or refuse future service.

 

Price Validity

All Quotations are valid for a period of thirty (30) days from the date of issue, unless otherwise stated in writing.

Zen Tree Care reserves the right to revise pricing after this period due to changes in labour costs, material costs, site conditions, or regulatory requirements.

 

Optional Credit Card Authorization

The Client may elect to provide a credit card on file for convenience.

Zen Tree Care reserves the right to charge any outstanding balances to the card provided, subject to prior notice to the Client.

Payment by credit card may be subject to a processing fee.

 

5. Cancellation, Access & Wasted Trip Fees

Cancellations

• Minimum 48 hours’ notice required

• Late cancellations may incur a 15–25% mobilization fee

 

No Access / Wasted Trip

If Zen Tree Care arrives on-site and cannot proceed due to:

• Lack of access

• Obstructed entry

• Unsafe conditions

• Client unpreparedness

A wasted trip fee will apply, based on crew size, equipment mobilized, and time lost.

 

5A. Client Delays & Rescheduling

Where the Client causes delays to scheduling, permitting, site access, or otherwise prevents timely execution of the Work, Zen Tree Care reserves the right to:

• Reschedule the Work at its discretion

• Reassess site conditions prior to commencement

• Adjust pricing to reflect current costs and conditions

Delays exceeding sixty (60) days may require a full re-quotation.

Any revised quotation must be accepted before Work recommences.

 

6. Site Conditions & Underground Risk

The Client must disclose and/or mark all:

• Private utilities

• Irrigation systems

• Septic systems

• Invisible fencing or landscape features

Zen Tree Care is not liable for damage to unmarked, incorrectly marked, or undisclosed infrastructure.

 

7. Access & Property Impact

The Client acknowledges that:

• Tree work may require heavy equipment

• Minor lawn disturbance, rutting, or compaction may occur

Zen Tree Care will take reasonable care but is not responsible for restoration unless explicitly included in the Quotation.

 

8. Tree Risk & Biological Uncertainty

The Client understands:

• Trees are living organisms with inherent structural uncertainty

• Hidden defects may not be visible prior to work

Zen Tree Care does not guarantee:

• Tree survival

• Structural integrity post-service

• Long-term health outcomes

 

9. Standards of Work

All services—including tree removal, pruning, bracing and cabling, plant health care (PHC), and consulting—are performed in accordance with accepted industry standards.

 

10. Safety & Work Suspension

The Client must ensure all persons and pets remain clear of the work zone.

Zen Tree Care may:

• Stop work immediately if unsafe conditions arise

• Charge for downtime caused by interference or unsafe conditions

 

11. Weather, Delays & Force Majeure

Zen Tree Care is not liable for delays caused by:

• Weather conditions

• Equipment failure

• Labour shortages

• Events beyond reasonable control

Scheduling timelines are estimates only.

 

12. Insurance & Limitation of Liability

Zen Tree Care maintains commercial liability and workplace insurance coverage.

To the fullest extent permitted by law:

• Total liability is limited to the value of the contract

• Zen Tree Care is not liable for:

  • Indirect or consequential damages

  • Loss of use or enjoyment

  • Property value impacts

 

13. Indemnification

The Client agrees to indemnify and hold harmless Zen Tree Care from claims arising from:

• Inaccurate or incomplete information

• Failure to obtain permits

• Third-party disputes

• Site conditions beyond Zen Tree Care’s control

 

14. Subcontracting

Zen Tree Care may engage qualified subcontractors as required.

 

15. Photographs & Marketing

Zen Tree Care may photograph the site and use images for documentation and marketing unless the Client opts out in writing.

 

16. Commercial & Municipal Clients

Commercial or municipal clients may be required to execute a separate Master Services Agreement (MSA). In the event of conflict, the MSA shall govern.

 

17. Dispute Resolution

Disputes shall proceed through:

1. Good-faith negotiation

2. Mediation

3. Binding arbitration

Litigation only where required by law.

 

18. Governing Law

This Agreement is governed by the laws of the Province of Ontario.

 

19. Entire Agreement

This document and the Quotation constitute the entire agreement.

No verbal representations shall be binding.

 

Acceptance of Terms

Approval of the Quotation or commencement of Work constitutes acceptance of these Terms and Conditions.