Priority Tree Mitigation Contract

This Contract is between O.A.K. Services & The Client as it pertains to Priority Tree Mitigation to be performed upon their property.

This form is an agreement between O.A.K. Services, and the Client(named property owner/insured below). To perform Priority tree mitigation from the property, that is covered under their insurance policy, held in agreement with the Insurance Company(named below).Giving the Assignee O.A.K. Services permission to collect on payment directly from the insurance company based on the covered peril listed in the policy.

Date*

Date

Property Owner/Insured information*

First NameLast Name

Address for the location of the Job.*

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code

Customer Phone Number*

Please enter a valid phone number.

Email

example@example.com

Preferred form of contact*

PhoneTextEmailAny or all three

Please list all known Hazards or Barriers (ditches, power lines, overhead dangers, septic fields)

The Contract between O.A.K. Services, and the Client that is signing include the following items documents.

1: Estimate of the costs of the work to be performed, set out as a minimum 4 hours for our services based upon the crew doing the work, with the 4 hour minimum charged as Emergency provisional work, which caused us to set aside other scheduled work in order to perform immediate emergency work.

2: The list of the rates the insured/insurance company will be charged for the equipment we use to perform the work on the clients property. This ensures the clients know the potential for the actual invoice based on our rates for works performed.

3: The agreed upon format for payment and billing that was explained to the customer at the time of this contract being signed by the parties and entering an agreement for the work to be performed to allow O.A.K. Services to do the emergency tree Mitigation from the clients property and then bill the clients insurance directly.

The customer has agreed to allow O.A.K. Services to invoice and bill the clients insurance company for any portion of the outstanding bill for the services provided to the Insured's property in order to ensure the (client/customer) is compliant with their responsibility to prevent further loss due to the insured against covered peril.

The Customer is granting permission of the carrier to remit Documents as well as payment the policy and work performed by O.A.K. Services for the Tree Portion of the claim to O.A.K Services, for the total amount invoiced below.

Name of the Insurance Company Insurance Company Name* . Please provide us with the claim number on file associated with this claim Claim #* (if you do not have a claim number be aware this is a contract and you essentially are liable for the charges.)

Waive Right to 3 Day Cancellation: This states O.A.K. Services has advised the client that due to the circumstances, and the way the work is performed, they are waiving their rights to the 3 day cancellation that pertains to the law stating that any individual has the right to cancel a solicited contract within 3 days of the time of signing the contract. (The Client Named Below has been advised of this.)*

First NameLast Name

By signing this, I (the policyholder/insured/client acknowledge I have been advised I am waiving my right to the three day provision concerning cancellation of the agreed upon contract allowing for the removal of the insured against covered peril from my property. That I (the policy holder) am also able to cancel at any time prior to the job actually beginning with no penalty. *

Terms And Conditions

1. Customer’s Obligations:
The customer agrees that O.A.K. Services will be able to perform the duties pertaining to the job agreed upon between the hours of 9 Am -5 PM Monday - Friday or hours that the customer agrees with based on Emergency Removal.

Customer agrees to provide O.A.K. Services access to the property to perform the agreed upon work. The customer accepts responsibility for reimbursement to O.A.K. Services and that the tree service is not responsible for work delays that are due to inclement weather or other acts of god. O.A.K. Services is not responsible for protection of Customer’s Property, Customer agrees to hold O.A.K. Services and their Employees/Contractors harmless from damages that may arise from standard industry practices concerning Emergency Tree Mitigation Removal due to equipment, delivery of materials, and/or storage of materials. O.A.K. Services and their associates will do their best to advise and consult the customer prior to potential damaging situations as they are identified. (Such as cracking of driveways, damage to landscaping, or yards due to equipment and job performance.) Customer agrees to indemnify and hold the Assignee harmless from any damage or injury caused by any debris on the property that is not the result of work or negligence of the contracted crews assigned to the job. O.A.K Services nor their associates shall be expected to keep gates or doors closed or locked and Customer agrees to indemnify and hold them harmless from claims arising there from.

2. Protection of Property.
The customer agrees they will have removed, stored and/or protected any and all personal property, including vehicles, prior to and during the Work. The customer accepts responsibility for and agrees to hold O.A.K. Services harmless from any damages to personal property that is the result of the customers failure to do the above. O.A.K. Services will not be held responsible for damages to driveways, curbing, and/or gutters at the Property during the work, that is not due to negligence. The customer understands and accepts that heavy equipment such as cranes, trucks and other industry standard machines due to weight and performance of the jobs is likely to cause cracking, or fractures in concrete or troughs in asphalt, O.A.K. Services will take all precautions to protect this from happening, yet will not be responsible for repair or replacement due to anything other than negligence on our part that results in damage to driveways, landscaping, yards, or slight scratching or denting of gutters, or oil droplets in driveways.

3. Insurance.
O.A.K. Services agrees to maintain general liability and workers’ compensation insurance coverage obligations as required by law on its employees working on the job site.

By Checking this box and signing below I agree that I have been advised of the Terms and Conditions above.*

I have read and accept the Terms & Conditions listed above.

Date*

Date

Signature*

This is an assignment of a claim for damages, for Priority Tree Mitigation being made effective as of. *

Date

BETWEEN: The Policyholder/Insured/Homeowner*

First NameLast Name

(Where the Work for the Peril resulting in loss.)Location of work being performed. *

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code

Priority Tree Mitigation
Insurance Company Name insurance company*
Insurance Policy # policy #*
Insurance Claim Number #  Claim #*
Adjusters Name (If Known)     Adjuster Name*
Adjuster Phone Number (If Known)   Adjusters Phone Number*
Adjuster Email (If Known)   Adjuster Email*

Date of Loss   Date*

Signature*

Date*

Date

Post Loss Assignment of Benefits:

ASSIGNMENT OF BENEFITS

Customer, hereby, assigns any and all insurance rights, benefits, proceeds and any causes of action under any applicable insurance policies to Contractor for tree services rendered or to be rendered by Contractor. In this regard, Customer waives privacy rights. Customer makes this assignment in consideration of Contractor's agreement to perform services and supply materials and otherwise perform its obligations under this Contract, including not requiring full payment at time of service. Customer also hereby directs their insurance carrier(s) to release any and all information requested by Contractor, its representative, and/or its Attorney for the direct purpose of obtaining actual benefits to be paid by my insurance carrier(s) for services rendered or to be rendered.

Customer appoints Contractor and its agents or representatives as their limited Power of Attorney, who Customer authorizes to act as their attorney in fact and agent only to sign their name and endorse and deposit any checks payable to Customer and Contractor provided by any insurance carrier or insurance adjusting services paying for any services provided by Contractor under the terms of this Contract.

Signature

Direction To Pay

DIRECT PAY AUTHORIZATION

Customer authorizes Contractor to be paid directly from Customer's insurance company for services rendered.

I as the insured on the declared property authorize Insurance Company Name* (The Carrier/Insurance Company insuring this property.
To Directly remit payment for the invoiced portion of my claim to O.A.K Services on my behalf for the tree mitigation portion of claim # Claim #* .

I acknowledge that I am giving "the Assignee" O.A.K. Services permission to contact my Insurance Company to solve any errors or omissions in my policy or claim. I am giving the "assignee" O.A.K. Services full permission to ask for and receive policy specific language and limitations from the carrier. As well as discuss monetary payments and amounts pertaining to the invoice presented by O.A.K. Services invoiced amount on the claim. *

Priority Tree Mitigation Rates.

All rates are based on our Minimum 4 Hour rate for work. Any work that goes over 4 hours will be increased over these rates listed at the amount of a per hour/ per Equipment or personnel unless otherwise specified. -

These Rates are based on several factors.
#1 Unkown Hazards (Need to be defined upon crew arrival)
#2 Unkown weight or type of tree or condition of the tree.
#3 Unknown location for set up of heavy equipment
#4 This is not a Residential Tree, Damaged Trees are extremely dangerous due to the potential for Twisting, torque, potential splitting or outright failuer of the tree or root system.

Emergency Tree Related Call - An administration and assessment fee for initial consult and billing fees. $350.00

20-35 Ton (Stick Crane) $400.00 Per hour Min 4 Hrs.

30-59 Ton (Tree-Mek) $400.00 Per Hour Min 4 Hrs.

36-75 Ton (Stick Crane) $500.00 Per hour Min 4Hrs.

60-110 Ton (Tree-Mek) $600.00 Per Hour Min 8 Hrs.

76 Ton Or Bigger (Stick Crane) $600.00 Per Hour Min 8 Hrs.

111 Ton And Bigger (Tree-Mek) $1,000.00 Per Hour Min 8 Hrs.

Sennebogen Tree Handler $2,000.00 Per Hour Min 8 Hrs.

Mek Grapple-Saw-Head $125.00 Per Hour Min 4 Hrs

Log/Grapple Truck $300.00 Per Hour Min 4 Hrs.

Spider/Man Lift $250.00 Per Hour Min 4 Hrs.

Bucket Truck $200.00 Per Hour Min 4 Hrs.

Skid Steer $250.00 Per Hour Min 4 Hrs.
Skid Steer Bucket/Root Grapple $100.00 Per hour Min 4 Hrs.
Skid Steer Dangle Grapple $100.00 Per Hour Min 4 Hrs.

Mini Skid Steer $200.00 Per Hour Min 4 Hrs.
Mini Bucket/Root Grapple $75.00 Per Hour Min 4 Hrs.
Mini Dangle Grapple $75.00 Per Hour Min 4 Hrs.

Chipper $200.00 Per Hour Min 4 Hrs.
Chipper Truck $150.00 Per Hour Min 4 Hrs.

Support Truck (Semi) $250.00 Per Hour Min 4 Hrs.
Support Truck (Straight Truck) $75.00 Per Hour Min 4 Hrs.
Equipment Trailer $75.00 Per Hour Min 4 Hrs.

Climber $250.00 Per Hour Min 8 Hrs.
Equipment Operator $225.00 Per Hour Min 4 Hrs
Ground Worker $150.00 Per Hour min 4 Hrs.
Arborist $250.00 Per Hour Min 4 Hours
Site Observer/Documentation specialist $150.00 Per Hour Min 4 Hours

Emergency Lights/Generator $135.00 Per Hour Min 4 Hrs.
Light Towers $50.00 Per Tower on a Job
Crane Cribbing $120.00 Per Job
Traffic Cones & Signage $65.00 Per Job
Traffic Control $150.00 Per Hour Min 4 Hrs.
Turf Matts $20.00 Each Matt Per job
Chainsaw $20.00 Per Saw
Leaf Blower $20.00 Per Job
Hand Tools $100.00 Per job

Debris Charge is based on a percentage of the job total. Debris will be charged @ 12.5% of the total invoiced amount.

Definition of Debris is by Tree Inudustry Standard, which is the mitigation for safety standards as per OSHA to maintain a safe and clear work zone. Thus all material must be removed from the work area to prevent tripping and falling hazards. Mitigation will either be (Piling of material in delcared disasters for FEMA response clean up.) or the removal of material that is loaded into a Haul truck to be hauled away or chipped through a chipper and into a chip truck to be hauled away. Debris is not defined as simply removing material from the work address.

ATTENTION!!!: The above section is our Rate Schedule.

WE CANNOT SUPPLY A FINAL TOTAL UNTIL ALL SERVICES ARE RENDERED, as all jobs are different in scope, size and difficulty. We have attempted to convey the estimated cost of the job, however this is an estimate and is just that based on the Salesmans, observations and interpretation. Which may be different than the actual needs we determine once the operators and site supervisors arrive and assess the hazards, barriers and scope of the job. This form is being used to simply show you the estimated costs of the equipment that will be used in the removal of the tree/debris during this job.

I consent and agree to the above rates for performing Priority Tree Mitigation on the property listed in this contract as Job Location. Given the Federal laws and policies pertaining to the Tree Care Industry and the dangers and hazards associated to such work. *

Lien & Lien Release Advisement

In the case/situation where an insurer refuses or disputes the invoice. There is a legal means of pursuing the amount for the collections of the invoice for work performed.

We are advising and giving a means of release to the insured on this.

Should the insurer, refuse or dispute the invoice based on their claim the rates charged are not fair and reasonable. We will provide them with Comparable invoices showing where our rates are fair and reasonable and have been paid multiple times by insurance companies and that our rates are public and stated to you the client prior to work beginning as part of this contract.

Should this still be disputed, O.A.K. Services reatins the right to place a Lien upon the property. This Lien is the means to bring the insurer into a legal court of law. This is sometimes an unfortunate circumstance that rarely but does sometimes occur.

The Insured (named client on this contact) is being given the following legal and actionable documentation.,

Should O.A.K. Services due to dispute be placed in a situation where they need to file a lien upon the property. Provided the Insured/Property owner has assisted the (Tree Company) in attempting to collect upon the invoiced amount for the work provided during the Priority Tree Mitigation Process.

Then should a judge in a court of law, deem that O.A.K. Services rates are in fact unfair and unreasonable. Ruling in favor of the Insurance Company in a court of law. Then O.A. K. Services at the time of judgement will waive all rights to the claim and remove the lien.

Should the Insured/Homeowner however keep monies paid by the insurer to the insured on behalf of O.A.K. Services for work performed, and a Lien be filed. Then O.A.K. Services will in fact use the lien process to enforce settlement with the client for theft of services and payment for work performed. With no restitution to be paid to the insurer/homeowner for the process and time it takes in order to collect upon the owed monies.

By Signing this I agree to the terms for potential Lien Process/Release*

Date*

Date

General Acceptance of Terms

I acknowledge that I have read, and accept all the terms and conditions contained in this Agreement.

In the event the insurance or adjustment company inadvertently mails the settlement/supplement check to me in error, I hereby agree to notify the “Assignee” and execute means to deliver the amount either directly or in personal form to

O.A.K Services
3039 Charleston Hwy,
Aiken, SC 29801

Signature*

Date*

Date

At this time O.A.K. Services would like to
THANK YOU!
We would like to take a moment to state we appreciate you allowing us to serve you, and assist you in your time of need, and apologize for the circumstances that have brought us together and express, and stress that we understand the situation and what it is you are experiencing.

Please contact us with any questions regarding this invoice. Payment accepted via cash, check. O.A.K. Services reserves the right to add a late fee of $35 and finance charge of 10%/month added to unpaid Past Due balances. Payment ensues services have been completed in full and no other services have been promised. Client acknowledges complete and total satisfaction of service provided.

Acceptance of Partial payment in no way negates the balance due.

No reductions, corrections, invoice adjustments, or changes of any kind by the assignee are an act of insurance adjusting or advising of any kind. Audits and inquiries are subject to fees for billable hours at a rate of $100 per hour.

Payment can be mailed to

O.A.K Services
3039 Charleston Hwy,
Aiken, SC 29801