Terms & Conditions

1. Services: Rain Shadow Consulting LLC (RSC) agrees to perform the services as described in the “scope of work.” Once services are performed the Client is obligated to pay for services regardless of findings. RSC will begin work upon written or verbal agreement to perform services.

2. Fees: Final fees are based upon Rate as described in Estimate, Bid, or Contract provided by RSC and agreed to by the Client. Any Estimate, Bid, Proposal, or other Contract costing $8,000 or more will require a 10% deposit due within 15 days of acceptance.

a. 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.

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

c. 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.

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

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

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

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

h. Travel time is charged separately from the hours on site.

i. There is a minimum charge for consulting work of 2 hours.

j. Deposits for specialty supplies are non-refundable.

k. New Customers will be charged $150 for quotes/estimates, this includes a comprehensive full-site consultation beyond the requested scope of work, as desired. This fee is waived for returning customers and past clients.

l. RSC reserves the right to “progress” invoice for work completed on jobs that exceed one standard work week.

3. 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 ten (10) days of receipt by the Client, shall be considered acceptance of those invoices for payment under this agreement. Accounts not paid within the terms of the invoice are subject to a 1% monthly finance charge per month not to exceed 12% per annum. 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.

4. Independent Contractor: RSC is an independent contractor, and no RSC employee 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.

5. 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.

6. Permissions: This agreement implies that the Client has the authority to allow RSC access to a defined area. Client is responsible for securing written permission to access adjacent properties.

7. Changes and Additions: 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 expenditure at the current RSC rates for contracting or consulting work.

8. Additional charges: May 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.

9. No Warranty: RSC makes no warranty or guarantee for services due to the variable conditions that affect trees and plants. Neither the Arborist nor RSC 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.

10. 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.

11. 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.