1. PROPERTY ACCESS, AUTHORIZATION, AND BOUNDARIES
The Client certifies they are the legal owner of the property or have been granted full legal authority to authorize the work described in the estimate. JMK Mulching & Habitat Solutions is not a licensed surveyor. The Client is solely responsible for identifying and marking property lines. The Client shall defend and hold the Company harmless from any claims brought by third parties regarding property rights, boundary disputes, or unauthorized land clearing.
2. SAFETY ZONE AND LIABILITY
For the safety of all parties, a strict 300-foot safety buffer must be maintained around all heavy machinery while in operation. The Client, family members, guests, and pets must remain outside this zone. The Company reserves the right to halt operations immediately if this safety zone is breached. The Company is not liable for any injuries resulting from unauthorized entry into the work area.
3. GROUND DISTURBANCE AND TURF DAMAGE
Forestry mulching involves heavy, high-torque tracked machinery. Operation of this equipment may result in soil compaction, rutting (especially in wet Michigan clay or loam), damage to existing turf/landscaping, and displacement of rocks. While the Company uses professional techniques to minimize impact, we do not provide restoration services (seeding, grading, or sod) unless specifically listed as a line item in the estimate.
4. UNDERGROUND UTILITIES AND HAZARDS
It is the Client’s sole responsibility to identify and clearly mark all underground utilities and infrastructure, including but not limited to: septic tanks, drain fields, water lines, electrical conduits, and irrigation systems. The Company is not liable for damage to any unmarked or incorrectly marked underground infrastructure.
5. UNKNOWN SITE CONDITIONS AND HIDDEN METAL
Pricing is based on visible surface conditions. Michigan properties often contain "hidden" hazards such as barbed wire, T-posts, or scrap metal grown into trees. If hidden obstacles are encountered that cause equipment damage or excessive downtime, the Company reserves the right to pause work and adjust the estimate. Any equipment repair costs resulting from "ingested" metal or hidden debris may be billed to the Client.
6. VEGETATION, PERMITS, AND FINISH EXPECTATIONS
Finish: Mulching is a land-clearing process, not a "manicured" landscaping service. Mulch is left on-site to decompose and prevent erosion.
Stumps: Stumps are ground as low as possible, but rocky terrain, steep slopes, or snow cover may result in protrusions.
Permit Compliance: Obtaining necessary local, state, or DEQ permits (especially for work near Michigan wetlands) is the Client's responsibility.
7. CANCELLATION, WEATHER, AND SEASONALITY
The Company reserves the right to postpone work due to extreme weather, saturated ground, or mechanical failure. Frozen ground is often ideal for Michigan mulching, but heavy snow may hide obstacles; the Company is not responsible for site conditions obscured by snow. Cancellations by the Client within 48 hours of the start date may result in a fee or forfeiture of any agreed-upon costs.
8. MARKETING AND MEDIA RIGHTS
The Company reserves the right to take "Before & After" photos and videos of the project site for use on our website and social media. No personal information or exact residential addresses will be disclosed in marketing materials without additional consent.
9. PAYMENT TERMS AND CHANGE ORDERS
The balance is due immediately upon completion of the project. We accept Cash, Venmo, and Credit Cards. Discounts for Cash payments are applied only if the balance is paid in full via those methods. Any work requested outside the original written estimate will require a Change Order and will be subject to a newly negotiated project-based price agreed upon by both parties before the additional work begins.
10. BINDING AGREEMENT BY PROCEEDING
These Terms and Conditions are maintained and publicly available on our website. The Client acknowledges that by authorizing the Company to begin work, or by allowing the Company to mobilize equipment onto the property, they have accepted and agreed to these Terms and Conditions in full, regardless of whether a signature or deposit was provided.