Terms & Conditions

Services: Rain Shadow Consulting (RSC) agrees to perform the services described in the “Scope of Work.” Once services have been performed, the Client is obligated to pay for services regardless of findings. RSC will begin work upon written or verbal authorization from the Client

Fees:

CONTRACTING FEES: Final fees are based upon Rate as described in Estimate, Bid, or Contract provided by RSC and agreed to by the Client.

Daily Rate invoiced costs are calculated by dividing the total number of hours worked by the total daily hours for the agreed upon crew size assuming a “full day” of work, or 8 hours per person. (i.e., 1 day for 3 people = 24 person hours). Hourly Rates will be billed on total person hours worked for the client

If fewer or more crew members are present on any given day the agreed upon Daily Rate will be applied to the total person hours worked

Unless otherwise agreed upon, Daily Rate and hourly estimates are not fixed prices and may not accurately represent the final cost due to changing scope of work, unforeseen circumstances, additions, subtractions, substitutions, adverse weather conditions etc.

Equipment included in the daily rate: personnel, climbing and rigging gear, saws and other small power tools, tree service truck and chipper.

Additional equipment such as 75’ aerial lift bucket truck, dump truck, excavator, tractor, skid steer, stump grinder, or other specialty equipment will be billed hourly.

Debris hauling and disposal fees are not included in the Daily Rate.

Move-in and set-up of heavy equipment is not included in the Daily Rate.

Travel time is charged separately from the hours on site.

Deposits for specialty supplies are non-refundable.

Any Estimate, Bid, Proposal, or other Contract costing $10,000 or more will require a 10% deposit due within 15 days of acceptance.

See current Rain Shadow Consulting Tree Care Contracting Rate Sheet for up-to-date rates.

CONSULTING FEES: One hour minimum charge for initial visit. Fees calculated in 1/10 hour increments after initial hour.

CONTRACTING and CONSULTING: Additional charges will be incurred for correspondence (email and phone), off-site report writing and documentation, document review, meetings, test analysis, treatments and other services. We bill for actual expenses reasonably and necessarily incurred such as ferry fares, parking, tree tags, and printing of documents. Priority service rates (1.5x standard rates) will be applied to all work (including but not limited to site visits and/or reporting) requested within 5 business days, when there are no schedule openings. Required weekend and holiday work will be billed at 2x the standard rates.

Payment for Services: Client shall pay the amount agreed herein upon receipt of invoice. RSC shall send invoice via email. Failure of the Client to notify RSC in writing of disputes with the amount of an invoice within thirty (30) days of receipt by the Client shall be considered acceptance of those invoices for payment under this agreement. Credit card payments are available by request, and you will be sent an invoice through a third-party processor. Invoices over $2,500 will incur a 4% surcharge when paid by credit card. If payment is not received within thirty (30) calendar days of the date of the invoice, the Client shall pay an overdue fee of $25, or one percent (1%) of the PAST DUE amount per month, whichever is greater. Returned or NSF (Non-Sufficient Funds) Checks will incur a $35 charge per incident, added to your invoice. In addition, we reserve the right to charge for time and materials associated with collecting on a past due balance. The right to charge and collect fees related to past due balances is in addition to, and not substitution for, the right to suspend or terminate in the event of the Client’s failure to make timely payments.

Independent Contractor: RSC is an independent contractor and no employee of RSC is or shall be deemed Client’s employee. RSC reserves the right to determine the method, manner, means, order, and sequence by which RSC will perform the Services. RSC need not perform the Services during a fixed hourly or daily time, and if RSC performs the Services at the Client’s premises, RSC’s time spent at the premises will be at RSC’s discretion, subject to Client’s normal business hours and security requirements. RSC shall not be required to devote RSC’s full time to the performance of the Services. Unless otherwise agreed upon, RSC will provide all materials used in providing the Services.

Termination: Either party may terminate this Agreement. Client shall be obligated to RSC for Services provided through receipt of a notice of termination. Once work has been performed, Client is obligated to pay for services regardless of RSC’s findings.

Use of Work Product: Except as specifically set forth in writing and signed by RSC and Client, RSC shall have and retain all copyright and other intellectual property rights with respect to all reports and materials developed under this Agreement, and Client is hereby granted a limited, non-exclusive license to use and employ such materials in Client’s business. Ownership and use of RSC’s documents, work product and deliverables developed under this Agreement shall not pass to the Client until Client has paid in full for all Services. The Services, including any written materials prepared pursuant to this Agreement shall be subject to the RSC’s assumptions and limiting conditions included within any deliverables. All photographs taken on site shall remain the property of RSC and may be used for future marketing and educational purposes.

Additional or Changed Services: If Client instructs RSC to add to or change the Services, RSC may take reasonable action and expend reasonable amounts of time and money based on such order. Client agrees to pay RSC for such additional or changed Services and expenditures at the current RSC rates for Contracting or Consulting work.

Access to Defined Area: RSC has agreed to undertake Services on the subject Site. RSC assumes that the Client owns or is the agent for the owner of the Site and that the legal description of the Site provided by the Client is accurate. The Client grants a non-exclusive license to access the Site to the RSC for the limited purpose of providing Services. Client agrees that RSC shall have such access to Client’s property and resources as RSC deems necessary to perform the Services. Client is responsible for securing written permission to access adjacent properties when necessary

Confidential Information: RSC agrees not to release to any third party any confidential information RSC learns during the performance of this Agreement.

No Warranty: RSC makes no warranty or guarantee, express or implied, that problems or deficiencies of the plants or Site in question may not arise in the future. Neither the Arborist nor Rain Shadow Consulting LLC has assumed any responsibility for liability associated with the trees on or adjacent to this project site, their future demise and/or any damage which may result therefrom. The Client acknowledges that any changes to an established tree’s environment can cause its decline, death and/or structural failure.

Work Standards: RSC complies with current ANZI Z133 standards for arboriculture and strives to make safety a priority during tree work operations. All personnel are trained to safely perform the duties to which they are assigned. RSC has an ongoing continuing education and safety training program for all employees.

Provided Information: The Client will provide the RSC information that is available to the Client, if it is deemed necessary by RSC to complete the Work. The Client authorizes RSC to supplement that information, as required to complete the Work, from sources that RSC considers reliable. RSC may rely on third-party information for its Work. RSC bears no obligation if the supplemental information is inaccurate or incomplete.

Assessment Standards: RSC assessments, and any resulting recommendations or reports, are made in conformity with acceptable evaluation and diagnostic techniques, and procedures, as recommended by the International Society of Arboriculture.

Complete Agreement: This Agreement, including any exhibits and schedules attached hereto, constitutes the entire agreement between the parties hereto with respect to the matters covered herein. No other agreements, representations, warranties, or other matters, oral or written, shall be deemed to bind the parties hereto with respect to the subject matter hereof. Client is entering into this Agreement solely on the basis of the representations contained herein.

Applicable Law; Venue:This Agreement shall be construed in accordance with Washington laws and venue over any action shall be laid in San Juan County, Washington

Assignment: Neither the Client nor RSC may assign this Agreement without the prior written consent of the other party. Except for this prohibition on assignment, this Agreement shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the RSC and the Client.