Altitude Arborist Terms and Conditions

It is agreed by and between Altitude Arborist, LLC and the Client that the following provisions are made as part of the Proposal and are incorporated therein:

Agreement: These terms and conditions are incorporated into the Proposal between Altitude Arborist, LLC and Client as if they were part of the same document. The Proposal may apply terms not stated here. This Proposal shall be construed in accordance with the laws of the State of Colorado.

Customer/Client:  Both “customer” and “client” shall refer to the individual or group for whom the work proposal, estimate, or invoice is addressed. This individual or the authorizing party must have the authority to make and authorize contracts and agreements with Altitude Arborist, LLC. 

Cancellation/Change Fee:  Upon acceptance of the Proposal by the Client, the job is placed in the queue for scheduling.  Altitude Arborist, LLC will then send an email confirmation to the Client. Once Altitude Arborist, LLC sends the Client email confirmation of a tentative or confirmed date for work to be performed, the Proposal (contract) between the Client and Altitude Arborist, LLC is deemed fully executed and the parties shall perform their contractual obligations pursuant to the Proposal.  

The Client has 3 days to cancel the Proposal (contract) after the scheduling email is sent.  After 3 days, any cancellation or material change to the contract may result in cancellation/change fees. These fees account for actual costs and expenses incurred by Altitude Arborist, LLC. The cancellation/change fees are applied according to the following schedule:

If the scheduled date is more than 30 days from the date of cancellation, a 5% of the Proposal estimate will be charged.

If the scheduled date is 30 days or less from the cancellation date, a 20% of the estimate cancellation fee will be charged.

If the scheduled date is 7 days or less from the cancellation date, a 50% of the estimate cancellation fee will be charged.  If a change is requested which reduces the amount of work to be done within this timeframe, 50% of the cost of the canceled portion will be charged as a change fee.

If a cancellation notice is received within 48 hours of the scheduled date, a 75% of the estimate cancellation fee will be assessed.  If a change is requested which reduces the amount of work to be done within this timeframe, 75% of the cost of the canceled portion will be charged as a change fee.

If crews arrive on site and discover a portion or all of the work scheduled has been completed or the client requests a change which reduces the cost of the work, 100% of the fee for the scheduled work will be charged regardless of the amount of work performed.  

Proper cancellations or rescheduled services must be by means of a written notice through email to [email protected] or text/phone to (303) 252-0818.  The receipt of the notice must be confirmed by an Altitude Arborist, LLC representative to be considered received.  Leaving a voicemail or sending a text or email after business hours on the date of a deadline does not constitute a proper cancellation, will be marked as received on the following business day, and is subject to a cancellation fee.

Failure to pay fees within 15 days of their assessment, will result in a 8.00% finance charge per month and may lead to the account being sent to collections or other legal action as allowed by law.

Completion of Contract:  If performance of the Proposal or any obligation under the Proposal is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plagues or other health crisis, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, wars, strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. 

Tree Ownership:  The Client warrants that all trees listed are located on the Client’s property, and, if not, that the Client has received full permission from the rightful property owner to allow Altitude Arborist, LLC to perform the specified work.  Should any tree be mistakenly identified as to ownership, the Client agrees to indemnify Altitude Arborist, LLC for any damages or costs incurred from the result thereof. The Client further agrees to indemnify Altitude Arborist, LLC against any and all conflicts, disputes, or legal actions arising from false notification of authority.

Safety:  Altitude Arborist, LLC warrants that all arboricultural operations will follow the latest version of the ANSI Z133.1 industry safety standards.  The Client agrees to keep the work site free of any persons, pets, or property throughout completion of the work to help maintain these standards, and to comply with any safety instructions issued by Altitude Arborist, LLC’s employees and/or agents on site. Should any damage to property or injury result from persons, pets or property entering the work site, Altitude Arborist, LLC shall not be held legally or financially liable. Altitude Arborist, LLC shall not be held liable for any damage to power or information cables/lines or any damage to property related to power surge or loss of services provided by cables.  Altitude Arborist, LLC is not responsible for costs associated with repairs.  

Tree Removal and Stump Grinding:  The term “Removal” refers to the removal of a tree or shrub as close to ground level as possible. Unless specified in the proposal, stump removal is not included in the price quoted.  All stumps will be ground 4-8 inches below grade, unless otherwise specified in the proposal. Grindings from stump removal are not hauled unless specified in this proposal.  Surface and subsurface roots beyond the stump are not removed unless specified in this proposal. Altitude Arborist, LLC shall not be held liable for any damage to person or property resulting from flying debris as part of the stump removal process. The Client acknowledges and agrees that the stump removal process may result in flying debris and that Altitude Arborist, LLC has little control over such debris, but will take all reasonable steps to prevent damage. 

Concealed Contingencies:  Any additional work or equipment required to complete the work, caused by the Client’s failure to make known or caused by previously unknown foreign material in the trunk, the branches, underground, or any other condition not apparent in estimating the work specified, shall be paid for by the client on a time and material basis. 

Subsurface Utilities and Systems: Altitude Arborist, LLC will contact 811 prior to the scheduled date to have underground utilities marked for all stump grinding, planting or other work requiring disturbance below grade.  Altitude Arborist, LLC shall not be held liable for any damage resulting from inaccurate marking of utilities. Additionally, Altitude Arborist, LLC shall not be held liable for any damage occurring to underground cables, irrigation, drain lines, invisible fences or any other subsurface system not adequately and accurately marked. Client must mark any underground system know to them not marked by 811 (sprinklers, etc.).

Damage Disclaimer: Altitude Arborist, LLC will do everything in their controllable power to prevent damage to the property.  Due to the nature of this work, even under normal working conditions, damage could possibly occur. Altitude Arborist, LLC, will not be responsible for divots, dents, tears, dirt, woodchips, streaking, scratching or other damage done to the yard, landscape, fence, driveway or sidewalk.  It is the responsibility of the Client to ensure all moveable items within the work area are placed securely out of the work area prior to the date of the scheduled work.  If crews are required to move items upon their arrival, there will be a minimum $350/hour charge for this work.  In the event our work or equipment causes settling, cracking, or other damage to driveways and/or sidewalks, lawns and other landscaping, repairs are not included in the contract price. Altitude Arborist, LLC is not responsible for damages to driveways, sidewalks, and other hardscapes.  The Client accepts liability for any standard operating damage that occurs out of normal operations and not negligence.

Permits: Altitude Arborist, LLC will secure any required permits and will attempt to include these fees in the original proposal.  If Altitude Arborist, LLC or the Client becomes aware of additional permits required, the Client agrees to pay any additional costs associated with securing and satisfying said permits. Altitude Arborist, LLC shall notify the Client of any additional costs prior to start of work. 

Clean-up:  Altitude Arborist, LLC will attempt to provide full material removal and clean up as best as reasonably possible given the conditions on the day of service, unless otherwise stated in the proposal. It is our goal to pick up and remove everything we put on the ground, and it is our goal to leave your property tidier than when we arrived. This includes removing wood, brush, and clippings, and raking of the entire area affected by the specified work, unless noted otherwise on this proposal. The Client agrees and acknowledges that weather, job-site conditions, and other factors may create conditions in which complete clean- up is not possible. Altitude Arborist, LLC will work with the Client to return and provide a free touch-up in cases of poor weather if contacted by the Client within one week of job completion. Altitude Arborist, LLC reserves the right to add clean up fees for job-site conditions such as long, unkempt grass and weeds, or untidy property. Altitude Arborist, LLC may attempt to repair marks and divots in lawns, but shall not be held responsible for the repair of damages to lawns and gardens.

Pet Waste: For health and safety reasons, the presence of excessive pet waste will require Altitude Arborist, LLC to charge $350/hour for clean-up of pet waste prior to beginning the scheduled work. This fee shall be added to the final invoice. 

Plant Disease Disclaimer: Trees and shrubs are living organisms and may not react as anticipated to applied treatments or pruning.  Altitude Arborist, LLC will not be liable for the current or future condition of the tree or shrub.  The Client accepts the necessary risk for treating and proper pruning of the tree or shrub, including any structural concerns that may arise.

Terms of Payment: Unless otherwise noted in this proposal, the Client agrees to pay the account in full within 15 days of work completion.  Failure to remit full payment within the payment term will result in a finance charge of 8.00% per month.

The Client shall be responsible for and agrees to pay any and all costs incurred by Altitude Arborist, LLC relating to collection of Client’s past due accounts, including but not limited to attorney fees and costs. Payment in full upon work completion, as well as these terms and conditions are agreed upon by the client when accepting any proposal or estimate and scheduling the work with Altitude Arborist, LLC.

The price on proposals and invoices includes a discount for paying with Altitude Arborist’s preferred methods of cash, check, through a bank’s bill-pay service, or via Zelle.  These last two options are typically done through the bank’s website, so there is not a specific link Altitude Arborist will provide for this.

If paying via Zelle, the client shall put the invoice number in the description to ensure the payment is properly credited. Altitude Arborist’s Zelle account is associated with the email: [email protected].  This is not an email used for client communications and any emails sent to this account by the Client will not be recognized, responded to, or deemed sufficient notice for purposes related to this Proposal. Please only email [email protected] for a prompt response. 

To receive a full-price invoice with a link to pay via credit card, the client may contact the office and request a credit card payment link.  Full price is an additional 4% higher than the price listed on the invoice or proposal to account for credit card processing fees. 

Returned Check Fee:  There will be a $30.00 fee charged for all checks returned to our office for non-sufficient funds.

Insurance and Licensing by Contractor: Altitude Arborist, LLC warrants that it is insured for liability resulting from injury to person(s) or property and that all employees are covered by Workers’ Compensation as required by law. Altitude Arborist, LLC is also fully licensed in each municipality, as required, to provide arborist services in both private and right-of-way property.  Certificates of coverage and licensure are available upon request. 

Severability: All parties agree that should any term or condition stated be found to be in conflict with local or state laws, then the remaining conditions and portions of conditions shall be held valid and enforced as though the invalid statement were excluded.

Dispute Resolution: Any conflict or dispute that should arise from services provided by Altitude Arborist, LLC is agreed to by all parties to be submitted to non-binding mediation, unless there is written agreement from both parties otherwise. Should mediation fail to resolve disputes, they shall be submitted to the appropriate court of competent jurisdiction in the respective city.

Media Release: Altitude Arborist, LLC occasionally takes pictures and records video and/or sound during particular jobs to be used for training and promotional purposes. The Client grants Altitude Arborist, LLC the right to use, publish, and reproduce pictures, video, and sound recordings in any and all media formats for any and all purposes related to Altitude Arborist, LLC’s business. In addition, the Client waives the right to receive any payment from Altitude Arborist, LLC for use of this media.

Attorney Fees: In any action arising hereunder, including mediation, or any separate action pertaining to the validity of this Proposal, the prevailing party shall be awarded reasonable attorney’s fees and costs, both in the trial court and on appeal. “Prevailing party” is defined as the party that received substantially the relief requested, whether by settlement, dismissal, summary judgment, judgment, or otherwise.

Construction and Interpretation: The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort. Section headings are solely for convenience and are not part of this Proposal. They will not be used for interpretation of the validity of this Proposal or any of its provisions.