This Tree Services & Fuels Reduction contract entered into by and between Yuba Forest Restoration, Inc. DBA YFR TREE & LAND MANAGEMENT (the "Business"), PO Box 580, Cedar Ridge, CA 95924, license # 1063119, and the PROPERTY OWNER (the "Client").
1 | SCOPE OF WORK
The Scope of Work is outlined on the page/s above.
2 | ADDITIONAL WORK
Additional work not specified in the original scope must be authorized in writing before commencement. Written authorization includes signed documents, email, or text message confirmations. All such communications must clearly describe the change in scope and any associated cost. Verbal authorizations are not binding. The Business will not proceed with additional work without written approval from the Client.
3 | PAYMENT TERMS
Time & Materials Projects: If the contract is priced on a time and materials (T&M) basis, the final cost may vary from any initial estimate depending on actual hours worked and resources used. Estimates are provided for planning purposes only and do not represent a maximum project cost.
Methods: Payments may be made via cash, check, or approved payment card (subject to a 3.5% processing fee). To avoid this fee, clients may notify the Business of intent to pay by cash or check.
Deposits: A deposit of 10% or $1,000 deposit, whichever is less, is due upon signing the contract. A signed contract and deposit will hold the client's position in YFR Tree & Land Management's work queue. Deposits are non-refundable.
Final Payment: The Client agrees to pay the final invoice upon completion of the project. The Business reserves the right to file a Mechanic's Lien for unpaid or overdue invoices.
Interest: Interest may accrue at the maximum legal rate on balances over 30 days past due. Returned checks are subject to a $250 fee.
Collections and Attorney’s Fees: The Client agrees to pay all reasonable costs incurred by the Business to collect unpaid amounts, including but not limited to legal fees, court costs, and collection agency fees. In any legal action to enforce payment or indemnity, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs as contractual damages
4 | HIDDEN OBSTACLES & PAVEMENT
The Client acknowledges the inherent risks of using heavy machinery. The Business shall not be liable for damage to underground infrastructure, utilities, or hidden obstacles unless caused by gross negligence. The Client must disclose and mark all known or suspected underground features, including but not limited to irrigation, drainage, septic systems, and buried utility lines.
The Business will take reasonable precautions to prevent damage to pavement and driveways. However, due to variations in surface construction and ground conditions, the Business disclaims liability for any damage to concrete, asphalt, or other surfaces, including cracking, rutting, or displacement. The Business is not responsible for debris-induced clogging of ditches or culverts.
5 | STUMP HEIGHT
The Business will cut stumps as low as possible within 6" of grade, provided there are no other obstacles preventing this, i.e. snow, infrastructure, etc. Stumps will not be flush with the ground.
6 | LICENSING
The Business certifies it holds all required licenses and will perform services in compliance with applicable federal, state, and local laws and regulations.
7 | COMMERCIAL GENERAL LIABILITY INSURANCE
The Business carries commercial general liability insurance written by Greenwich Insurance Company. You may call Greenwich Insurance Company at (626) 335-9881 to check the contractor’s insurance coverage.
8 | WORKER'S COMPENSATION INSURANCE
The Business carries workers’ compensation insurance for all required employees.
9 | NO WARRANTY
The Business provides a variety of services, including fire fuels reduction and defensible space services. The Business shall perform the services described in the scope of work in a good and worker like manner. Due to the nature of wildfires and other acts of god, the Business cannot and does not guarantee or warrant that its services will prevent personal injury, property damage or other losses caused by fire. Further, these services do not guarantee or warrant any assurance of the continuance of insurance services for the owner. The Business does not guarantee compliance with insurance underwriting standards, CAL FIRE evaluations, or other defensible space requirements unless explicitly included in the Scope of Work. The Business makes no other warranty of any kind and hereby expressly disclaims any and all warranties not expressly stated herein, whether expressed or implied, including the applied warranties for a particular purpose.
10 | INDEMNIFICATION, ASSUMPTION OF RISK, AND LIMITATION OF LIABILITY – EMERGENCY HAZARD TREE REMOVAL
Client acknowledges that Emergency Hazard Tree Removal involves inherently dangerous conditions, including but not limited to unstable, compromised, leaning, uprooted, storm-damaged, or otherwise structurally unsound trees and materials. Client understands that due to these conditions, damage to surrounding improvements, landscaping, utilities, driveways, structures, or other property may be unavoidable despite the exercise of reasonable care.
Client expressly assumes all risks associated with the emergency condition of the tree(s) and surrounding site conditions.
To the fullest extent permitted by law, Client agrees to defend, indemnify, and hold Business harmless from and against any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses (including attorney’s fees) arising out of or related to the Emergency Hazard Tree Removal services, including but not limited to incidental, consequential, or unavoidable property damage resulting from the hazardous condition of the tree(s) or site.
This provision shall not apply to damages directly caused by the Business’s gross negligence or willful misconduct.
11 | CONSUMER NOTIFICATION
You are entitled to a completely filled in copy of this agreement, signed by both you and the contractor, before any work may be started.
12 | *MECHANICS LIEN WARNING
Anyone who helps improve your property, but who is not paid, may record what is called a mechanics’ lien on your property. A mechanics’ lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder.
Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics’ liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit.
To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a ‘20-day Preliminary Notice.’ This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid.
BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notices. You will not get Preliminary Notices from your prime contractor or from laborers who work on your project. The law assumes that you already know they are improving your property.
PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive.
PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier.
For other ways to prevent liens, visit CSLB’s website at www.cslb.ca.gov or call CSLB at 1-800-321-CSLB (2752).
Remember, if you do nothing, you risk having a lien placed on your home. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe.
13 | “THREE-DAY” RIGHT TO CANCEL
You, the buyer, have the right to cancel this contract within three business days. You may cancel by e-mailing, mailing, faxing, or delivering a written notice to the contractor at the contractor’s place of business by midnight of the third business day after you received a signed and dated copy of the contract that includes this notice. Include your name, your address, and the date you received the signed copy of the contract and this notice.
If you cancel, the contractor must return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you must make available to the contractor at your residence, in substantially as good condition as you received it, any goods delivered to you under this contract or sale. Or, you may, if you wish, comply with the contractor’s instructions on how to return the goods at the contractor’s expense and risk. If you do make the goods available to the contractor and the contractor does not pick them up within 20 days of the date of your notice of cancellation, you may keep them without any further obligation. If you fail to make the goods available to the contractor, or if you agree to return the goods to the contractor and fail to do so, then you remain liable for performance of all obligations under the contract.
14 | INFORMATION ABOUT THE CONTRACTORS STATE LICENSE BOARD (CSLB)
CSLB is the state consumer protection agency that licenses and regulates construction contractors. Contact CSLB for information about the licensed contractor you are considering, including information about disclosable complaints, disciplinary actions and civil judgments that are reported to CSLB. Use only licensed contractors. If you fi le a complaint against a licensed contractor within the legal deadline (usually four years), CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only remedy may be in civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor’s employees.
For more information:
VISIT CSLB’s website at www.cslb.ca.gov
CALL CSLB at 1-800-321-CSLB (2752)
WRITE CSLB at P.O. Box 26000, Sacramento, CA 95826
15 | DISPUTES & MEDIATION
In the event of any dispute arising out of this agreement, both parties agree to attempt to resolve the matter informally in good faith. If a resolution is not reached, the parties agree to participate in non-binding mediation before initiating legal action. This clause does not prevent the Business from filing a Mechanic’s Lien or seeking payment for services rendered.
16 | CLIENT RESPONSIBILITIES
The Client agrees to:
Provide clear access to the work site.
Inform the Business of any hazards, restrictions, or property sensitivities.
Mark known utilities, septic systems, or irrigation components.
Communicate promptly regarding any concerns.
Submit payments as agreed under this contract.