Terms of Service

This Conditions of the Assessment Agreement is made pursuant to and as a provision of Urban Forest Solutions, providing tree assessment services as agreed to between the parties.  The terms and substance of which are incorporated in and made a part of this Agreement (collectively the “Services”).
 
Trees are living organisms that are subject to stress conditions which inherently impose some degree or level of risk.  Unless a tree is removed, the risk cannot be eliminated entirely.  Tree conditions may also change over time even if there is no external evidence or manifestation.  In that Urban Forest Solutions provides the Services at a point in time utilizing applicable standard industry practices, any conclusions and recommendations provided are relevant only to the facts and conditions at the time the Services are performed.  Given that Urban Forest Solutions cannot predict or otherwise determine subsequent developments, they will not be liable for any such developments, acts, or conditions that occur including, but not limited to, decay, deterioration, or damage from any cause, insect infestation, acts of god or nature or otherwise. 
 
Unless otherwise stated in writing, assessments are performed visually from the ground on the above-ground portions of the tree(s).  However, the outward appearance of trees may conceal defects.  Therefore, to the extent permitted by law, Urban Forest Solutions does not make and expressly disclaims any warranties or representations of any kind, express or implied, with respect to completeness or accuracy of the information contained in the reports or findings resulting from the Services beyond that expressly contracted for by Urban Forest Solutions in writing, including, but not limited to, performing diagnosis or identifying hazards or conditions not within the scope of the Services or not readily discoverable using the methods applied pursuant to applicable standard industry practices.  Further, Urban Forest Solutions' liability for any claim, damage or loss caused by or related to the Services shall be limited to the work expressly contracted for.
 
In performing the Services, Urban Forest Solutions may have reviewed publicly available or other third- party records or conducted interviews and has assumed the genuineness of such documents and statements.  Urban Forest Solutions disclaims any liability for errors, omissions, or inaccuracies resulting from or contained in any information obtained from any third- party or publicly available source.
 
Except as agreed to between the parties prior to the Services being performed, the reports and recommendations resulting from the Services may not be used by any other party or for any other purpose.   The undersigned also agrees, to the extent permitted by law, to protect,  indemnify, defend and hold Urban Forest Solutions harmless from and against any and all claims, demands, actions, rights and causes of action of every kind and nature, including actions for contribution or indemnity, that may hereafter at any time be asserted against them or another party, including, but not limited to, bodily injury or death or property damage arising in any manner from or in any way related to any disclaimers or limitations in this Agreement.