These Terms of Service (“Terms”) apply to services provided by Branch Out Tree Service & Custom Earth Works (“Branch Out Tree Service,” "Branch Out", “we,” “us,” or “our”). By requesting, scheduling, accepting, or receiving services from Branch Out, you agree to these Terms, along with the specific scope, pricing, and payment terms contained in your estimate, proposal, invoice, or other written agreement with us.

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These Terms are intended to establish clear expectations for our customers and protect both the customer and Branch Out when performing tree care, fire mitigation, trail building, and related property services.

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1. Our Services

Branch Out provides tree and property services in Teton Valley and surrounding areas, including, but not limited to:

• Tree removal

• Tree pruning and trimming

• Hazardous and dead tree removal

• Stump removal and stump grinding

• Tree health assessments

• Forest health work

• Fire mitigation and hazardous-fuel reduction

• Trail design and trail construction

• Land and property cleanup related to our work

• Other related tree, forestry, and property services agreed upon in writing

The specific services to be performed will be described in the customer's estimate or other written scope of work.

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2. Estimates and Scope of Work

Branch Out generally provides an estimate before beginning work. Estimates may be based on an onsite assessment, information provided by the customer, photographs, measurements, or other available information.

Unless specifically stated otherwise, an estimate is not a guarantee of the final cost or amount of time required to complete a project. The estimate will identify the work Branch Out expects to perform and may include a fixed price, day rate, hourly rate, or other pricing structure.

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A projected timeline is an estimate only. Actual project duration may change because of weather, access, tree condition, equipment requirements, site conditions, safety concerns, or other circumstances that cannot reasonably be determined before work begins. An estimate does not include work that is not specifically described in the scope.

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3. Additional or Unforeseen Work

Tree and land work can reveal conditions that are not reasonably visible or identifiable during an initial inspection.

Examples include:

• Internal decay or hollow sections

• Unexpected tree movement or instability

• Hidden cracks or structural defects

• Root damage or root decay

• Buried objects or structures

• Unexpected utility lines

• Difficult or restricted equipment access

• Additional cleanup or disposal requirements

• Conditions requiring a different method of removal or pruning

• Weather or ground conditions that make the original plan unsafe

 

If these conditions materially change the work required, Branch Out may discuss an adjustment to the scope, price, or schedule with the customer before proceeding when reasonably practical.

For work billed by the day or hour, the customer understands that the final cost may be greater or less than the initial estimate depending on the time actually required.

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4. Site Access and Customer Responsibilities

The customer is responsible for providing Branch Out with reasonable and safe access to the property and work area.

Before work begins, the customer should:

• Provide accurate property and access information

• Identify property boundaries when relevant

• Inform Branch Out of known hazards

• Remove or secure personal belongings, vehicles, furniture, decorations, or other items near the work area when requested

• Keep children, pets, guests, and other unauthorized people away from active work areas

• Inform Branch Out about irrigation systems, septic systems, invisible fencing, underground structures, or other known site features

• Obtain any permissions necessary to authorize work on the property

Branch Out may postpone, modify, or stop work if the site is unsafe or inaccessible.

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5. Utilities, Irrigation, Septic Systems, and Underground Conditions

Before work begins, the customer is responsible for informing Branch Out of known underground or concealed infrastructure on the property, including private utility lines, irrigation systems, invisible fencing, septic systems, drainage systems, wells, underground lighting, and other buried or concealed features.

Where required or appropriate, public utility locating should be completed before work begins.

Customers should understand that utility-locating services may not identify privately installed or privately owned lines and systems. Branch Out is not responsible for damage to an underground or concealed feature that was not reasonably identifiable and was not disclosed to Branch Out before work.

The customer is responsible for obtaining any required private utility locating services when appropriate.

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6. The Inherent Risks of Tree Work

Tree work is inherently hazardous. Even when performed by trained professionals using appropriate equipment and reasonable care, trees can behave unpredictably.

Trees may contain conditions that cannot be identified from the outside, including decay, cavities, cracks, weak unions, root defects, internal damage, or structural instability.

Branches, trunks, roots, or entire trees may move, split, break, fall, or fail in an unexpected manner.

Branch Out will use reasonable professional judgment and appropriate methods based on the conditions observed at the time of work. However, Branch Out cannot guarantee that every hidden defect or hazard will be identified before work begins.

The customer acknowledges the inherent risks associated with tree work and understands that some risks cannot be completely eliminated.

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7. Protection of Property

Branch Out will make reasonable efforts to protect structures, landscaping, fencing, driveways, lawns, irrigation systems, and other property within the work area.

However, some impact may be unavoidable during tree removal, pruning, stump work, trail construction, equipment access, or other heavy property work.

Potential impacts may include:

• Lawn or soil disturbance

• Rutting or compaction

• Minor damage to vegetation

• Movement of branches or wood

• Equipment-related impacts

• Temporary access impacts

• Changes to the appearance of the property

Branch Out will determine the safest and most reasonable work method based on the site and scope.

If a customer has specific property-protection concerns, those concerns should be discussed before work begins and included in the written scope when appropriate.

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8. Wood, Logs, Chips, and Debris

Unless otherwise stated in the estimate, Branch Out will handle wood, logs, branches, chips, and other debris according to the agreed scope of work.

Depending on the project, material may be:

• Left on site

• Cut into manageable pieces

• Chipped

• Hauled away

• Stacked or placed in a designated area

Wood, chips, and other material that the customer asks Branch Out to leave on the property become the customer's responsibility once the work is completed.

If hauling or disposal is requested after the original scope has been agreed upon, additional charges may apply.

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9. Safety During Work

For everyone's safety, customers, guests, children, and pets must remain outside active work zones and follow reasonable instructions from Branch Out personnel.

Customers must not enter areas where climbing, cutting, machinery, chipping, rigging, falling material, or other hazardous work is taking place.

Branch Out may stop work if people, animals, vehicles, or other conditions create an unsafe work environment.

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10. Weather and Site Conditions

Tree and property work is dependent on weather and ground conditions.

Branch Out may delay, reschedule, modify, or stop work because of conditions including:

• High winds

• Lightning

• Heavy precipitation

• Snow or ice

• Excessively wet or saturated ground

• Extreme temperatures

• Unsafe visibility

• Fire conditions

• Other conditions that make the work unsafe or likely to cause unreasonable property damage

Weather-related delays do not constitute a breach of the agreement.

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11. Fire Mitigation and Forest Health Work

Fire mitigation, forest health, thinning, and hazardous-fuel reduction can reduce vegetation and fuel loads and may improve defensible space or other property conditions.

However, no fire mitigation or forest management work can guarantee that a property, structure, forest, or landscape will be protected from wildfire.

Wildfire behavior depends on many factors outside Branch Out's control, including wind, weather, fuel conditions, terrain, fire intensity, ember exposure, and the actions of neighboring properties.

Branch Out does not guarantee that fire mitigation work will prevent property damage, tree loss, structure loss, or wildfire impact.

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12. Tree Health and Tree Survival

Tree health assessments and recommendations are based on conditions observable at the time of inspection.

Branch Out does not guarantee the future health, growth, stability, or survival of any tree.

Trees can decline or fail because of insects, disease, drought, weather, environmental changes, root conditions, structural defects, or other factors beyond Branch Out's control.

Pruning, treatment, mitigation, or other recommended work is intended to address observed conditions but cannot guarantee a particular future outcome.

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13. Trail Building and Land Work

Trail construction, trail design, clearing, and related land work are dependent on terrain, soil, drainage, vegetation, weather, access, and other site conditions.

The customer is responsible for identifying property boundaries and obtaining any permissions, easements, permits, or approvals required for the proposed work unless Branch Out has specifically agreed in writing to obtain them.

Trail work may change drainage patterns, vegetation, soil conditions, or the appearance of the property.

Branch Out will perform work according to the agreed scope and intended use but does not guarantee that natural conditions will remain unchanged after completion.

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14. Customer Authorization

The customer represents that they are the property owner or are authorized by the property owner to request and approve the work. By accepting an estimate or authorizing Branch Out to begin work, the customer confirms that they have authority to authorize the described services. If multiple property owners are involved, the customer is responsible for obtaining the necessary authorization from all applicable owners.

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15. Payment

Payment terms will be stated on the estimate or invoice.

Unless otherwise agreed in writing, payment is due in full upon completion of the work or according to the payment terms stated on the estimate, usually Net 15.

Branch Out currently accepts checks and major credit cards.

For projects billed by day or hour, the final invoice will reflect the actual amount of work performed and any approved additional work or applicable charges.

Unpaid balances may be subject to reasonable collection costs and interest or other charges to the extent permitted by applicable law.

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16. Deposits

If a deposit is required, the amount and payment terms will be stated in the estimate or written agreement.

Deposits may be applied toward the customer's project and may be nonrefundable when Branch Out has committed labor, equipment, scheduling, materials, or other resources to the project, to the extent permitted by law.

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17. Cancellation and Rescheduling

Customers should provide as much notice as reasonably possible when canceling or rescheduling work.

Branch Out may charge a cancellation or rescheduling fee when a customer cancels after equipment, employees, subcontractors, or other resources have been committed to the project, particularly when the cancellation occurs shortly before the scheduled work. Any applicable cancellation fee will be communicated to the customer when reasonably practical and will be subject to applicable law. Branch Out may also reschedule work when weather, site conditions, equipment problems, emergencies, or other circumstances make the scheduled work impractical or unsafe.

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18. Emergency Work

Branch Out may provide emergency tree services when available.

Emergency conditions may include storm-damaged trees, hazardous hanging limbs, fallen trees, or other situations presenting an immediate concern. Emergency work may be performed under different scheduling and pricing terms than routine work. The applicable price and scope will be communicated when reasonably practical under the circumstances.

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19. Right to Refuse or Stop Work

Branch Out reserves the right to refuse or stop work when:

• Conditions are unsafe

• Required access is unavailable

• The customer or another person interferes with safe work

• Required information or authorization has not been provided

• Site conditions materially differ from what was represented or reasonably anticipated

• Weather or environmental conditions create an unacceptable risk

• Continuing the work would violate applicable law or safety requirements

• The requested work falls outside Branch Out's reasonable capabilities or agreed scope

If work is stopped because of conditions outside Branch Out's control, the customer remains responsible for work already performed and costs reasonably incurred, to the extent permitted by law.

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20. Photography and Project Documentation

Branch Out may take photographs or videos of work areas, trees, equipment, completed projects, and general site conditions for purposes including project documentation, estimating, training, quality control, and business records.

Branch Out will not intentionally publish identifying personal information about customers without permission.

If a customer does not want project photographs used for marketing purposes, they may request that Branch Out not use identifiable project images for marketing.

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21. No Guarantee of Specific Results

Branch Out will perform agreed services using reasonable professional care and judgment.

Unless expressly stated in writing, Branch Out does not guarantee a particular aesthetic result, tree response, future tree health, property value, wildfire outcome, trail performance, or other result beyond performing the agreed scope of work.

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22. Limitation of Liability

To the fullest extent permitted by applicable law, Branch Out will not be responsible for damages arising from conditions that were concealed, unknown, unforeseeable, or outside Branch Out's reasonable control, including hidden tree defects, concealed underground features, pre-existing property conditions, severe weather, or actions of third parties.

Nothing in these Terms is intended to waive or limit liability that cannot legally be waived or limited under applicable law.

Any limitation of liability contained in these Terms applies only to the extent permitted by law.

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23. Indemnification

To the extent permitted by applicable law, the customer agrees to indemnify and hold Branch Out harmless from claims, damages, losses, or expenses arising from:

• The customer's breach of these Terms

• The customer's failure to disclose known site conditions

• The customer's lack of authority to authorize the work

• Unauthorized persons entering an active work area

• Information supplied by the customer that is materially inaccurate or incomplete

• Conditions or property features known to the customer but not disclosed to Branch Out

This provision does not apply to the extent a claim results from Branch Out's own negligence, willful misconduct, or other conduct for which liability cannot legally be shifted.

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24. Permits, Permissions, and Property Boundaries

Unless specifically agreed otherwise in writing, the customer is responsible for obtaining property-owner permissions, easements, HOA approvals, and other permissions necessary for the requested work.

Branch Out is not responsible for disputes concerning property boundaries or ownership when the customer has authorized work based on information provided by the customer.

Where permits or regulatory approvals are required, the parties will determine before work begins who is responsible for obtaining them.

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25. Compliance With Law

Branch Out will perform its services in accordance with applicable laws and regulations.

Customers may not request Branch Out to perform work that would knowingly violate applicable laws, regulations, property restrictions, or permit requirements.

Branch Out reserves the right to stop or refuse work if it reasonably believes continuing would create a legal or regulatory issue.

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26. Relationship Between These Terms and the Estimate

The customer's estimate, proposal, work authorization, invoice, or other written project agreement describes the specific work and pricing for that project.

These Terms establish the general conditions under which Branch Out provides its services.

If a specific written project agreement expressly conflicts with these Terms, the specific written agreement will control for that particular project to the extent of the conflict.

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27. Governing Law

These Terms and the services provided by Branch Out will be governed by the laws applicable to the location where the work is performed, including the laws of the State of Idaho or Wyoming, as applicable.

Any dispute will be handled in a court or other forum having appropriate jurisdiction over the matter.

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28. Changes to These Terms

Branch Out may update these Terms from time to time.

The version of the Terms in effect when a customer accepts an estimate or authorizes work will generally apply to that project unless otherwise agreed in writing. Changes will not retroactively modify an existing written agreement unless permitted by that agreement or agreed to by the parties.

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29. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue to apply to the fullest extent permitted by law.

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30. Entire Agreement

The applicable estimate, proposal, work authorization, invoice, these Terms, and any other written agreement expressly incorporated into the project constitute the agreement between Branch Out and the customer concerning the services described therein. Any changes to the scope or terms of a project should be confirmed in writing whenever reasonably practical.

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31. Contact Branch Out

Branch Out Tree Service & Custom Earth Works
Devin Richardson
Driggs, Idaho
Website: www.branchoutdriggs.com
Email: branchoutdriggs@gmail.com
Phone: (208) 538-4441