Sample contract?

[greenguy08]

Can anyone share a sample contract? I'd like to feel like I was covering myself a little better. Thanks.


Fully insured
More Stihl saws all the time...
GMC 7000 forestry w/58' hi-ranger
couple chuck & ducks
lots more...

 

[southsoundtree]

here's mine

 

[ASD]

Here is one of the one's we use. Use what you want but I would think you should have someone in you state look over any thing you come up with as laws change from state to state as to what you can and can't say!!!

S&C TREE SERVICE
CONTRACT TERMS


• S&C is not responsible for delays due to weather, labor disputes, civil unrest, war or availability of equipment or materials.

• S&C will execute normal and responsible care during this project.

• S&C shall not be held liable for any consequential damages to the premises and / or site.

• S&C sign is to be displayed on site for identification to sub-contractors, delivery personnel and city inspectors.

• Any additional work required will be performed on a time and material bases as per rate sheet.

• All invoices are due and payable upon receipt. Non payment of invoice will result in immediate suspension of work.

• Ten- (10) percent late fee will be charged on all unpaid invoices plus any and all attorneys fees.

• Client will be responsible for maintaining security of the premises during the project and limit access to authorized individuals.

• It is the responsibility of the client to mark all underground utilities and sprinkler systems. S&C will not be held liable for damage to unmarked items.

• It is the client’s responsibility to obtain and pay for any necessary permits.

• It is the client’s responsibility to provide S&C with access to the site. S&C reserves the right to charge for lost time if the site is not readily accessible.

• S&C reserves the right to bill for all down time due to project interruptions.

• Should it become necessary for S&C to prepare for court preceding you will be charged $800 per day per person plus any and all attorney fees.







X___________________ DATE_________

 

[ATH]

ASD, I wouldn't contract with you if I were a homeowner and you presented me with that contract. This is not meant to offend/put down...whatever. It just sounds like I would be on the hook if anything goes wrong and that you have only covered your behind with this contract.

Most clients should want to see something protecting them as well. Some of the most important terms to include:
*You are an independent contractor (not an employee of the client)
*You are insured
*You have worker's comp as required by law
*You are responsible for damages you cause
*You assume the risk of the work you are doing

I actually put this stuff first in the contract so the client sees that they really want to sign this before I start working. If you are playing 'above the table', make your clients comfortable with you by putting your neck on the line to protect them.

One more thing to put on the client's sholders: Probably a good idea to confirm in the contract that the client actually owns the tree(s) in question.

 

[ATH]

.......
• S&C reserves the right to bill for all down time due to project interruptions.
..........

Heard a guy today who, when asked if he gives 'senior discounts', wants to tell people "heck no - and if a retired guy lives here, we actually need to up the bid because no doubt he will be out often 'help' us."

I guess that line covers such help

 

[EagleTree]

Don't forget a cancellation policy.
I also would put in a stipulation that they must display a yard sign, although most good customers don't care.

 

[Tim "Bo" Snell]

03-10-2009 11:15 PM
EagleTree Don't forget a cancellation policy.

EagleTree,
I have a cancellation policy in my contract (10% fee if client cancels contract before work begins & if I have not broken the contract in any way). A client recently signed/dated a contract for over $1,000.00, then called me the next week to cancel, ostensibly because she had found someone who could do the job sooner than I (I had told her I was 1-2 weeks from time of contract signing to time we performed tree work). I think she just found someone who would do it for less money, but, hey, what do I know? Anyway, she became irate, saying that I had not pointed out the cancellation policy to her when I did the original estimate--even though she signed the clause that states, "I have read this contract in its entirety and agree to the same."

At this point I plan on invoicing her for the cancellation (10% of contract amount) and turning her over to a collections agency if she doesn't pay. Perhaps a bit draconian, but people need to be made to honor their commitments, in my opinion. . . .

What do other tree-business owners do with clients who sign such a contract and then try to bail out after making a commitment to have the work done?

 

[ponderosatree]

What do other tree-business owners do with clients who sign such a contract and then try to bail out after making a commitment to have the work done?

I wouldn't charge a cancellation fee but would instead hold them to the contract. Explain that they signed a binding contract and if they decide not to honor it they'll nevertheless still be responsible for the cost.

Charging a cancellation fee does more harm than good and isn't worth the headache. Especially for a measly $100.

 

[treemandan]

Heard a guy today who, when asked if he gives 'senior discounts', wants to tell people "heck no - and if a retired guy lives here, we actually need to up the bid because no doubt he will be out often 'help' us."

I guess that line covers such help

oh jeez

 

[treemandan]

Don't forget a cancellation policy.
I also would put in a stipulation that they must display a yard sign, although most good customers don't care.

Can I display it stickin out your a-hole? Cause that is the only place you could put it round here.
You have to be joking me bro, you wanna put that in a contract? Sure , give me the sign buddy, I'll plant it for ya

 

[treemandan]

Here is one of the one's we use. Use what you want but I would think you should have someone in you state look over any thing you come up with as laws change from state to state as to what you can and can't say!!!

S&C TREE SERVICE
CONTRACT TERMS


• S&C is not responsible for delays due to weather, labor disputes, civil unrest, war or availability of equipment or materials.

• S&C will execute normal and responsible care during this project.

• S&C shall not be held liable for any consequential damages to the premises and / or site.

• S&C sign is to be displayed on site for identification to sub-contractors, delivery personnel and city inspectors.

• Any additional work required will be performed on a time and material bases as per rate sheet.

• All invoices are due and payable upon receipt. Non payment of invoice will result in immediate suspension of work.

• Ten- (10) percent late fee will be charged on all unpaid invoices plus any and all attorneys fees.

• Client will be responsible for maintaining security of the premises during the project and limit access to authorized individuals.

• It is the responsibility of the client to mark all underground utilities and sprinkler systems. S&C will not be held liable for damage to unmarked items.

• It is the client’s responsibility to obtain and pay for any necessary permits.

• It is the client’s responsibility to provide S&C with access to the site. S&C reserves the right to charge for lost time if the site is not readily accessible.

• S&C reserves the right to bill for all down time due to project interruptions.

• Should it become necessary for S&C to prepare for court preceding you will be charged $800 per day per person plus any and all attorney fees.





Whew boy is that brutal baby, brutal. Of course there would be somptin else in yer butt if you screwed up I am sure:greenchainsaw:

 

[treemandan]

I am working on something that politely tells them not to bug us once we get going.

 

[treemandan]

03-10-2009 11:15 PM
EagleTree Don't forget a cancellation policy.

EagleTree,
I have a cancellation policy in my contract (10% fee if client cancels contract before work begins & if I have not broken the contract in any way). A client recently signed/dated a contract for over $1,000.00, then called me the next week to cancel, ostensibly because she had found someone who could do the job sooner than I (I had told her I was 1-2 weeks from time of contract signing to time we performed tree work). I think she just found someone who would do it for less money, but, hey, what do I know? Anyway, she became irate, saying that I had not pointed out the cancellation policy to her when I did the original estimate--even though she signed the clause that states, "I have read this contract in its entirety and agree to the same."

At this point I plan on invoicing her for the cancellation (10% of contract amount) and turning her over to a collections agency if she doesn't pay. Perhaps a bit draconian, but people need to be made to honor their commitments, in my opinion. . . .

What do other tree-business owners do with clients who sign such a contract and then try to bail out after making a commitment to have the work done?

Yeah for those jerk off types but for regulars its whatever is good, nothing is a waste of time then.

 

[treemandan]

Don't forget a cancellation policy.
I also would put in a stipulation that they must display a yard sign, although most good customers don't care.

I swear buddy

 

[Hoosier]

here's mine

Not to be picky, but you should spell check that, Aretha would be mad.
:taped:

 

[southsoundtree]

I am working on something that politely tells them not to bug us once we get going.

How about something like...For safety and liability reasons, nobody except company employees, and subcontractors shall enter the designated work zone (which would mean that you would have to put up Caution--Do Not Enter tape).
For risk management reasons all employees must be focused on the varied tasks at hand. Please ask for the Crew Leader to exit the workzone for any necessary communication you may have.



This may help.