HUSKY TREE SERVICES AGREEMENT / TERMS & CONDITIONS

This Tree Services Agreement (this “Agreement”) is effective as of the date Customer approves Contractor’s written estimate, proposal, or work order (the “Effective Date”) and is entered into by and between HUSKY TREE SERVICES, LLC, a Wisconsin limited liability company, with an address of S74W16860 Janesville Road #292, Muskego, WI 53150 (“Contractor”), and the customer identified in such estimate, proposal, or work order (“Customer”), the owner or authorized representative of the owner of the real property identified therein (the “Property”). Contractor is willing to perform the services described in such estimate, proposal, or work order subject to the terms and conditions of this Agreement.

1. Services Provided; Scope of Work. Contractor shall furnish all labor, supervision, equipment, tools, materials (if any), and services necessary to perform tree removal, trimming, debris removal, and related services (collectively, the “Work”) as requested by Customer and as described in the written estimate, proposal, work order, or scope sheet issued by Contractor and accepted by Customer (the “Scope of Work”). The Work is limited to the Scope of Work and does not include any additional services unless expressly agreed to in a written change order signed by Customer (or otherwise approved in writing). Customer acknowledges that the Work involves inherent risks and conditions outside Contractor’s control (including tree condition, concealed defects, weather, site access, and soil/ground conditions) and that the Scope of Work may require reasonable field adjustments to safely and effectively complete the Work.

2. Terms of Payment. Customer understands and agrees that Customer is responsible for prompt payment for Work performed at the prices contained herein. The billed charges for Work shall include all the time required to render services, including mobilization and travel time to and from the property. All accounts are net payable upon receipt of invoice. A finance charge of 18% per annum (1.5% per month), will be added to accounts that remain unpaid for more than 30 days after the invoice date. This finance charge will be assessed only to the extent enforceable under Wisconsin law. Deposits and down payments are non-refundable, as permitted by Wisconsin law. Returned checks will be subject to a $30 fee, as allowed by Wisconsin law.

3. Right to Construction Lien. If Customer fails to remit payment to the Contractor for services rendered under this contract, the Contractor reserves the right to file a construction lien against the property on which the Work was performed, in accordance with Wisconsin Statute § 779.01(2)(a). Contractor represents that, based on the nature of the services covered by this Agreement and the exemptions provided under applicable Wisconsin law, no state-issued contractor’s license is required for the performance of this Work. Contractor shall, however, maintain all other required state or local business licenses and permits, and shall comply with all applicable ordinances and regulations governing tree removal, trimming, stump grinding, and related services.

4. Inherent Hazards and Risks. Trees inherently pose a certain degree of hazard and risk from breakage, failure, or other causes and conditions. Recommendations that are made by Contractor are intended to minimize or reduce hazardous conditions that may be associated with trees. However, there is and there can be no guarantee or certainty that efforts to correct unsafe conditions will prevent breakage or failure of a tree. Contractor’s recommendations should reduce the risk of tree failure, but they cannot eliminate such risk, especially in the event of a storm, additional perils, hazards, negligence, or any other act of God. Some hazardous conditions in landscapes are apparent, while others require detailed inspection and evaluation. While a detailed inspection and evaluation should and normally does result in the detection of potentially hazardous conditions, there can be no guarantee or certainty that all hazardous conditions will be detected.

5. Safety; Work Area Control. Customer shall keep all persons (including children) and pets away from the Work area and any equipment staging areas during performance of the Work, and shall maintain a safe clearance zone as directed by Contractor. Customer shall not enter the Work area unless expressly authorized by Contractor’s crew lead. If Customer, occupants, guests, or animals interfere with safe performance, Contractor may pause the Work until the condition is corrected, and Customer shall be responsible for time and costs resulting from such delay.

6. Performance by Contractor. Contractor shall attempt to meet all performance dates but shall not be liable for damages due to delays for inclement weather or other causes beyond its control. The Customer shall not be entitled to relief or compensation because of delays outside of Contractor’s control.

7. Termination. Contractor may, prior to commencing any Services at the Property, terminate this Agreement for any reason upon written notice, made in any medium, to Customer, in which event Contractor shall promptly refund any amounts paid in advance that are not attributable to non-refundable mobilization or permit costs actually incurred. After Contractor has commenced work at the Property, Contractor may terminate this Agreement only for cause, including but not limited to Customer’s failure to make payments when due, unsafe site conditions, interference with Contractor’s work, or circumstances beyond Contractor’s reasonable control that make performance impracticable. In all events, upon any termination after work has commenced, Customer shall remain obligated to pay Contractor for all time and materials incurred through the effective date of termination, together with mobilization and demobilization costs, including without limitation the costs of mobilizing, moving, removing, or returning equipment, site protection and cleanup, and any partial mobilization or setup.

8. Workmanship Warranty; Exclusive Remedy. Contractor warrants that the Work will be performed in a good and workmanlike manner consistent with generally accepted industry standards. Customer’s exclusive remedy for breach of this warranty is, at Contractor’s option, re-performance of the nonconforming portion of the Work or refund of the amounts paid for that specific nonconforming portion. This warranty does not cover conditions outside Contractor’s control (including tree failure after completion, storms, latent defects, soil conditions, or acts/omissions of third parties). EXCEPT AS EXPRESSLY STATED, CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED BY LAW.

9. Estimated Total Price. The estimated total provided is an estimate. The total billing in this matter may exceed the estimate or be less than the estimate based on site conditions and other developing conditions identified during the performance of the Work. The estimated total is intended to provide Customer with some written notice of the potential costs for the performance of the work, and Customer acknowledges that the total costs may change.

10. Insurance. Contractor is insured for liability resulting from injury to persons or property, and all its employees are covered by Workers Compensation Insurance.

11. Permits. Customer shall obtain and pay for all required permits to the extent required and permitted by law, regulation, or ordinance. If the Work involves a street or public Right-of-Way (“ROW”) tree, Customer must obtain any required municipal authorization.

12. Property Lines & Restrictions. Customer shall indicate to Contractor the corners of the property and shall assume all responsibility for accuracy of markers. Customer shall give a copy of any restrictions, easements, or rights of way to Contractor prior to commencement of the Work.

13. Ownership. The Customer warrants that all trees, plant material, and property upon which work is to be performed are either owned by them, or that permission for the Work has been obtained from the owner. Contractor is to be held harmless from all claims for damages resulting from the Customer’s failure to obtain such permission.

14. Concealed Utility Lines & Irrigation Systems. Customer represents that he has no knowledge of any concealed utility lines other than those, if any, set forth on the face page of this Contract as a special remark. Contractor shall not be held responsible for unidentified subsurface structures or utilities, concealed irrigation, and/or sprinkler systems.

15. Access; Surface Conditions. Customer shall provide free access to work areas for Contractor, employees, and vehicles. The Customer agrees to keep driveways clear and available for movement and parking of required trucks and equipment during normal work hours. Contractor’s employees shall not be expected to keep gates closed to animals or children. Contractor’s operations may require heavy equipment on saturated or unstable ground. Unless Contractor is hired to furnish ground protection/restoration as a separately priced line item, Customer accepts risks of incidental ruts, compaction, turf/landscape scarring, and minor abrasions to hardscape from normal operations.

16. Concealed Contingencies. Customer agrees to pay Contractor on a time and materials basis for any additional work required to complete the job occasioned by concrete, or other foreign matter, or stinging insect nests in the tree or trees or branches, rock, pipe, or electrical encountered in excavations and not described on the face of this Contract, or any other condition not apparent in estimating the Work specified.

17. Property Damage; Limitation of Liability. Customer acknowledges that tree work may involve incidental impacts to lawns, landscaping, driveways, sidewalks, and hardscape from normal and reasonable operations, especially where heavy equipment is required or ground conditions are saturated/unstable. Contractor will use commercially reasonable efforts to avoid unnecessary damage. To the fullest extent permitted by law, Contractor shall not be liable for (i) pre-existing conditions, (ii) damage to unmarked or inaccurately marked underground/private utilities or facilities, (iii) ordinary and unavoidable turf compaction/rutting or minor abrasions from reasonable operations, or (iv) consequential, special, incidental, punitive, or lost-profit damages. Contractor’s total liability arising out of this Agreement shall not exceed the amounts actually paid to Contractor for the specific portion of the Work giving rise to the claim. Nothing in this Agreement limits liability for Contractor’s gross negligence or willful misconduct.

18. Stumps. Stumps will be cut to within approximately twelve (12) inches of ground level unless specified to the contrary on the face page of this Contract. Stump grinding is not included in the Contract unless specifically provided for on the face page hereof. Stumps will be ground eight to twelve (8-12) inches below surface level unless otherwise agreed. Stump grinding, if included in a job, will generally be done several days after the tree is removed.

19. Miss Dig. All stump grinding requires confirmed location of subterranean lines. As the excavator, Contractor will notify Wisconsin’s Diggers Hotline (811) before any excavation (including stump grinding) or use the emergency process if and when immediate abatement may be required. Stumps cannot be ground until that process is complete, which requires a minimum of five business days, and that marking process is performed by a third-party, not Contractor. Customer must disclose and clearly mark private underground facilities (e.g., irrigation, invisible fencing, private electric/low-voltage, drainage, septic, fuel). Contractor is not responsible for damage to (i) unmarked or inaccurately marked private facilities or (ii) public facilities not timely marked despite proper Wisconsin’s Diggers Hotline (811) notice, except for Contractor’s gross negligence or willful misconduct.

20. Hazardous or Unknown Conditions; Stop-Work. If Contractor encounters hazardous conditions or materials (including but not limited to fuel tanks, propane lines, unknown electrical sources, unstable structures, voids, contaminated soils, or other unsafe conditions), Contractor may stop Work immediately until the condition is remedied. Any resulting standby time, additional labor, equipment, or remobilization shall be treated as additional Work and billed on a time-and-materials basis unless otherwise agreed in writing.

21. Electronic Transactions. The parties may execute and exchange records in electronic form and such electronic copy will constitute as an original document. Customer’s signature on Contract authorizes Contractor’s transmission of E-communications. Customer shall promptly notify Contractor via phone of any change to Customer’s electronic address. Customer has the right to withdraw consent to E-communications and may do so by notifying Contractor via phone. The customer consents to be contacted by email, voice, or SMS/MMS for business or payment purposes, in compliance with State and Federal Law.

22. Severability. The provisions of this Contract shall be severable and divisible, and the invalidity or unenforceability of any term or provision of this Contract shall not affect the validity or enforceability of the remaining provisions of this Contract.

23. Attorney Fees and Costs. Should Customer fail to make any payment pursuant to this Contract, Contractor shall be entitled to payment of its collection costs including its attorneys’ fees and court costs through all levels of appeal.

24. Venue and Jurisdiction. All disputes regarding this Contract shall be brought only in Waukesha County, Wisconsin. Jurisdiction and venue shall lie in Waukesha County, Wisconsin.

25. Acknowledgement. Customer acknowledges that Customer has received and reviewed this Agreement, understands its terms and conditions, and agrees to be bound by them. Customer does not need to separately sign this Agreement. Approval or acceptance of Contractor’s written Quote constitutes Customer’s agreement to all terms and conditions contained in this Agreement.

26. Entire Agreement. This Contract embodies the entire understanding between the parties and supersedes any prior understanding and agreements between and among them respecting the subject matter hereof.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

Customer signature on this Agreement is not required where Customer has approved a Quote incorporating these terms.