Emergency Work Contract

UNDERSIGNED INFORMATION:

The undersigned Test Test “Homeowner” executes this Work Order, granting Fellow Tree, a Georgia company located at 3699 Memorial Pkwy NW, Kennesaw, GA 30152, USA (“Fellow Tree”) the authority to perform the Scope of Work at the property known as Kennesaw Dr, Kennesaw, GA 30152, USA (the “Work site”) upon the terms and conditions set forth herein.

This is a contract to perform emergency tree work and related services (the “Work”). This “Contract”, all Price Charts, Scopes of Work, sketches and drawings, authorizations, special remarks, and amendments to this Contract shall become a part of this Contract at the time that you initial or execute them and constitute the entire agreement among the parties.

SCOPE OF WORK

1. Removal of fallen tree(s)
2. Stump Grinding (if needed)
3. Hauling of debris
4. Tarp roof (if needed/available)
5. Fabrication of ingress/egress structures as needed for equipment access (if needed)
6. Arborist assessment (if needed)
7. Administrative (Invoicing)

The undersigned is the homeowner or agent acting under the express authority of homeowner, has received and read and understands and agrees to the scope of work, and requests that Fellow Tree commence the Work.

PAYMENT TERMS

By signing this Contract, you agree, acknowledge, and understand that this is a binding contract and that you are responsible for prompt payment for Work performed, regardless of whether such Work, or any portion of it, is covered by insurance.

• *We bill in hourly time increments as described in our Price Chart below.
• *Our minimum charges are described in our Price Chart below.
• *We charge higher rates for Immediate deployment.. immediate deployment is any Work commenced within 24 hours of notice or which results in a rescheduling of any pre-scheduled work.
• *Charges for Work include all time required to render the services, including travel time to and from the Work site. Because all emergency tree work is unique and because Fellow Tree may not be able to inspect the Work site before performing the Work, Fellow Tree cannot provide you with a detailed written price estimate of the Work to be performed and does not and will not guarantee in advance or prior to the completion of the Work the total charges for Work to be performed

Immediate Deployment Rates: We charge $500 of the job total for debris removal, if applicable. We also charge the rates listed below for equipment operators, mobilization and demobilization, and back-office support for communications with insurance providers and adjusters.

Administrative Rates: Fellow Tree shall charge you an Administrative Fee of $75 per hour for additional evidence and/or documentation to and negotiations with your insurance carrier(s) outside of the standard photographs and invoices reflecting Work performed.

Concealed Contingencies: Homeowner is responsible for delivering the Property to Fellow Tree in workable condition and shall use its best efforts to facilitate Fellow Tree performance of the Work. Homeowner is responsible for any and all expense and cost incurred by Fellow Tree due to unusual or unanticipated conditions, environmental hazards, concealed damage, and/or existing defects (specifically including, but not limited to, rock, debris, etc.) on or at the Property (the “Defects”), which Fellow Tree discovers during the course of the Work. Fellow Tree is neither liable nor responsible for repairing any Defects. Homeowner acknowledges and understands that Fellow Tree uses heavy machinery, and that such machinery may cause underlying damage to paved and other prepared surfaces. Fellow Tree shall not be liable for any weight-related damage caused to any driveways, landscaping, and other ground structures.

You agree to pay Fellow Tree on a time and materials basis for any unanticipated contingencies resulting in a modification to the Work occasioned by concrete, foreign matter, stinging insects, nests, rock, pipe, and electrical encountered in the course of the Work not otherwise specified to the contrary in this Contract as a special remark and initialed by both you and an agent of Fellow Tree.

Terms of Payment: All accounts are net payable upon receipt of invoice. You shall pay a service charge of the lesser of 1 1⁄2% per month (18% per annum) or the greatest amount allowed by law on all accounts not paid in full by the 30th day following the invoice date. Deposits and down payments are non-refundable and are deemed earned in full upon receipt. You acknowledge, agree, and understand that you are responsible for and shall pay in a timely manner any portion of the invoice not covered by insurance. You expressly consent to be contacted by electronic mail, voice, and SMS/MMS for business or payment purposes. Returned checks are subject a $50 service fee for the administrative costs incurred. To the extent permitted by applicable law (a) reversed charges, contested charges, and stopped payments shall be considered to be a breach of this Contract, for which Fellow Tree shall automatically be entitled to liquidated damages in the amount of the reversed charge, contested charge, and/or stopped payment plus attorney’s fees and expenses arising out of such breach; and (b) your deposit, retention, or refusal to surrender or remit to Fellow Tree proceeds or payment received from your insurance carrier(s) for the Work may amount to insurance fraud and shall be a breach of this Contract for which Fellow Tree shall automatically be entitled to liquidated damages in the amount of such proceeds or payment plus attorney’s fees and expenses incurred arising out of such breach.

Direct Pay Authorization: By execution of this Contract, you expressly authorize Fellow Tree to be paid directly from your insurance company for services rendered without further acknowledgement, consent, or signature from you. To the extent permitted by applicable law, you agree that any attempt to divert or receive directly any such payment contrary to the terms of this Contract shall automatically be a breach of this Contract, for which Fellow Tree shall be entitled to liquidated damages in the amount of the payment so diverted or redirected plus attorney’s fees and expenses arising out of such breach

BILLING AUTHORIZATION/ASSIGNMENT OF BENEFITS

In consideration of Fellow Tree’s agreement to perform the Work under this Contract and agreement to forgo payment in full for the Work until completion thereof, by execution of this Contract, you

1. immediately assign, sell, and transfer all of your insurance rights, benefits, proceeds, claims, demands, causes of action, and rights to recovery for extra-contractual damages, consequential damages, common law damages, and statutory damages (the “Claims”) under all applicable insurance policies for the event or series of events giving rise to the Work to Fellow Tree ;
2. grant to Fellow Tree the right, in its own name and for its own benefit, to prosecute, collect, settle, compromise, and grant releases on the Claims as it, in its sole discretion, deems advisable;
3. waive all privacy rights relating to such Claims and the insurance policies and further direct that all insurance companies providing coverage to you for damage and/or loss upon which the Work is based release any and all information requested by Fellow Tree and/or its representatives and/or agents to Fellow Tree and/or said representatives and/or agents upon request for the purpose of obtaining actual benefits to be paid by the insurance companies for the Work;
4. grant to Fellow Tree the express right to demand an independent appraisal of the loss on the Claim and pursue legal recourse in Fellow Tree ’s name to collect amounts due under the Claim;
5. authorize and unequivocally instruct the insurance companies to make direct payments of Claim proceeds to Fellow Tree ; and
6. agree to assist in having all such proceeds made payable to Fellow Tree.

RIGHT TO LIEN

If you fail to pay Fellow Tree for the Work, Fellow Tree shall be entitled to record a construction/contractor’s lien against the property upon which the Work is sited. Fellow Tree is not a residential or commercial builder, alteration contractor, electrician, plumber, or electrical contractor, and is not required to have a license to perform the Work under this Contract.

WORKMANSHIP

The Work will be performed in a professional manner by experienced personnel outfitted with appropriate tools and equipment necessary to complete the Work properly and safely. A typical emergency tree removal operation will involve use of a crane, multiple personnel, and a wheel loader, among other equipment, so that debris may be lifted and removed in a manner that minimizes the potential for additional damage to all structures. Further, to minimize hazards to workers, Fellow Tree uses light towers to illuminate the Work site and chip trucks and chippers to clear the hazard zones. Fellow Tree may place temporary tarps on structures damaged from trees and debris when the Work is complete. Fellow Tree reserves the right, in its sole and absolute judgment, to determine what equipment, labor, and materials will be used to safely perform the Work.

PERFORMANCE BY Fellow Tree

Work crews arrive at the Work site unannounced unless otherwise designated in this Contract as a special remark and initialed by both you and an agent of Fellow Tree. Fellow Tree shall attempt to meet all scheduled or estimated performance dates but shall not be liable for damages due to delays arising from inclement weather or other causes beyond its control. You are not relieved of your responsibilities under this Contract because of delays.

INSURANCE

Fellow Tree is insured for liability resulting from injury to persons and property and maintains Workers Compensation Insurance.

STUMP GRINDING

If stump grinding is deemed necessary in order to repair modified structures on the property such as uplifted fences, underground utilities, sprinkler systems, or disheveled driveways etc,

Fellow Tree will arrange for stump grinding. The cost of stump grinding is $4 per inch as measured from outside root tip to outside root tip. Stump grinding, if included, is generally completed several days after the tree is removed.

ACCESS TO WORK

You shall use your best efforts to facilitate Fellow Tree’s performance of the Work and shall provide free access to work areas for Fellow Tree and its employees and agents and their vehicles. You agree to keep driveways clear and available for movement and parking of trucks and equipment to be used during normal work hours or as otherwise requested as necessary to perform the Work. Fellow Tree shall not be liable for damage to driveways and/or sidewalks due to excessive weight of equipment. Fellow Tree employees shall not be expected to keep gates closed to animals or children.

PROPERTY LINES & RESTRICTIONS

You shall indicate to Fellow Tree the boundaries of the property upon which the Work site rests and is responsible for the accuracy of markers. You agree to provide Fellow Tree with a copy of any restrictions, easements, or rights of way upon request. Fellow Tree may refuse to commence the Work until all such documentation is duly provided.

OWNERSHIP

You warrant and represent that (a) you own, or (b) you have express permission from the owner of, all trees, vegetation, and property upon which the Work is to be performed to authorize and guarantee payment for the Work. You hereby expressly agree to and shall hold Fellow Tree harmless from all claims for damages resulting from your failure to obtain proper consents.

PERMITS

You are responsible for and shall obtain and pay for all required permits.

INHERENT HAZARDS AND RISKS

Trees inherently pose a certain degree of hazard and risk from breakage, failure, and other causes and conditions. Recommendations made by Fellow Tree are intended to minimize or reduce hazardous conditions that may be associated with trees. While such recommendations should reduce the risk of tree failure, they cannot eliminate such risk, especially in the event of a storm or any other act of God. Therefore, there is and can be no guarantee that efforts to mitigate against unsafe conditions will prevent breakage or failure of a tree. Additionally, 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.

INDEMNIFICATION AND WAIVER

Trees: Trees inherently pose a certain degree of hazard and risk from breakage, failure, and other causes and conditions. Recommendations made by Fellow Tree are intended to minimize or reduce hazardous conditions that may be associated with trees. While such recommendations should reduce the risk of tree failure, they cannot eliminate such risk, especially in the event of a storm or any other act of God. Therefore, there is and can be no guarantee that efforts to mitigate against unsafe conditions will prevent breakage or failure of a tree.

Latent Hazards & Unanticipated Conditions: 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. You are responsible for any and all expense and cost incurred by Fellow Tree due to unusual or unanticipated conditions, environmental hazards, concealed damage, and/or existing defects (specifically including, but not limited to, rock, debris, etc.) on or at the Work site (the “Defects”), discovered during the course of the Work. Fellow Tree is neither liable nor responsible for repairing any Defects.

Concealed Utility Lines & Irrigations Systems: Fellow Tree shall not be liable nor responsible for any damage to any underground object, specifically including, but not limited to, irrigation systems, gas lines, waterlines, or electrical or telephone wires or conduit. When possible, you should contact the Utilities Protection Center at (800) 282-7411 to have utility lines marked. One call will notify cable, power, phone, gas, etc.

Tarps: Fellow Tree may tarp a structure or other item to protect it prior to, during, and after Work. Fellow Tree cannot guarantee that a tarp will protect a structure during all weather conditions or events or remain intact or in place. You acknowledge, understand, and agree that a tarp may dislodge and cause damage to other items of personalty and property and that Fellow Tree shall not be liable for any damage arising therefrom or relating thereto.

Damage to Property: Fellow Tree shall not be liable for any damage trees, vegetation, and property upon which the Work is to be performed. Further, you acknowledge that Fellow Tree uses heavy machinery, that such machinery may cause underlying damage to paved and other prepared surfaces and non-prepared surfaces and will not be liable for any damage to lawns/landscaping, driveways, sidewalks, any other hard surfaces, invisible fences, buried lines, and/or buried objects.

Indemnification: By execution of this Contract, you expressly indemnify and agree to hold harmless Fellow Tree from and against any and all damages, losses, claims, and actions of any person, whatsoever, arising out of any damage caused to any person or property arising in the course of the Work, unless occasioned by an improper intentional act or failure to act of Fellow Tree.

Limitation of Recovery: In the event of damage, loss, claim or action for which you have the right of recovery, you expressly agree that in no event shall you seek or have the right to recover damages greater than the amounts actually remitted to Fellow Tree for the Work.

WAIVER

You declare that you are currently experiencing an emergency in the form of a fallen tree that requires immediate attention and expeditious action to remove the fallen tree. The Work to be completed by Fellow Tree is necessary to safeguard the health, safety, and welfare of you and your property and to prevent any further damage to your property. Fellow Tree is engaged in the foregoing emergency work efforts and agrees to immediately begin to perform the outlined scope of work. You acknowledge that you may have a right under state statute to cancel this service contract, and, as soon as Fellow Tree commences the Work by providing emergency mobilization, you hereby expressly and knowingly waive such right, because you acknowledge Fellow Tree’s ability to commence the Work without delay, because of an emergency.

ACT OF GOD

You understand, acknowledge, and agree that Work may be postponed, in whole or in part, due to exigencies beyond Fellow Tree's control, including, but not limited to, declarations of governmental bodies, hazardous or impenetrable road conditions, weather, strike, war, insurrection, supply chain restrictions, etc., and that your obligations under this Contract are not relieved due to any such delay.

ELECTRONIC COMMUNICATIONS

You agree to execute and exchange records and documents in electronic ("E") form. You shall promptly notify Fellow Tree via telephone of any change to your telephone number and electronic mail address. You may withdraw consent to E-communications at any time by notifying Fellow Tree via telephone at least 24 hours prior to such withdrawal.

BREACH AND TERMINATION OF CONTRACT

If either party commits a non-financial breach of this Contract, then the claiming party shall provide the breaching party with written notice of the default and ten (10) days opportunity to cure, or, in the event of a default which, cannot by its nature be cured within said ten (10) days, commence and diligently pursue cure. If either party commits a financial breach of this Contract, then the claiming party shall provide the breaching party with written notice of the default and two (2) days opportunity to cure. If the breaching party fails to cure, as required herein, then the claiming party shall have all remedies available in law, in equity, and under this Contract. If you fail to timely cure a financial breach under this Contract, then Fellow Tree shall have the immediate right to recover all legal fees, costs, and expenses incurred in collections. The prevailing party in any legal action shall have the right to recover all legal fees, costs, and expenses actually incurred. The remedies provided herein are cumulative and shall not preclude the assertion by any party hereto of any other rights or the seeking of any other remedies against the other party hereto. Fellow Tree reserves the right to terminate this Contract at any time with or without cause.

GOVERNING LAW

By execution of this Contract, you agree that this Contract shall be construed and interpreted in accordance with the laws of the State of Georgia and to submit to the exclusive jurisdiction of the Courts located in Cobb County in connection with any litigation arising out of this Contract. You agree to submit to the jurisdiction of these courts and waive all objections to this forum, including without limitation forum non conveniens.

SEVERABILITY AND INTERPRETATION

If any provision of this Contract is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Contract shall remain operative and binding upon the parties. This Contract shall not be construed with reference to the party that caused it or any part of it to be prepared, and the doctrine of contra proferentem shall not be applied in any action arising out of or relating to this Contract.

COUNTERPARTS, ELECTRONIC SIGNATURES, FACSIMILE, PDF

This Contract and all future documents may be executed in any number of identical counterparts, all of which, when taken together, shall constitute the same instrument. The parties acknowledge and consent to be bound by electronic signatures, including signatures of any required witness. A facsimile, .pdf copy, and other electronically executed versions of documents executed by the parties shall be deemed an original for all relevant purposes.

The undersigned is the homeowner or agent acting under the express authority of homeowner, has received and read and understands and agrees to this Contract and requests that Fellow Tree commence the Work.

The undersigned has read this Contract, including all ancillary documents which make up a part of this Contract and agrees to be bound by all of the provisions so written.

I agree to the hourly pricing and minimums above and below:

Resources and pricing

Crane Cribbing

Rate per hrs/sq. ft.: $35 USD

Min: 4 Hrs