Effective Date: 1/1/26

These Terms of Service, referred to as the “Terms,” govern the use of the Bushwhackers website and all estimates, work orders and services provided by Bushwhackers.

“Bushwhackers,” “Company,” “we,” “us” and “our” refer to the business or legal entity identified on the applicable estimate, work order or invoice.

“Customer,” “you” and “your” refer to the person or entity requesting, authorizing or paying for services.

By requesting an estimate, approving an estimate, signing a work order, paying a deposit, scheduling services or allowing work to begin, the Customer acknowledges and agrees to these Terms.

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1. SERVICES COVERED

Bushwhackers provides outdoor property services that may include:

Ground and lot clearing

Brush and vegetation clearing

Small tree and sapling removal

Fence line and field edge clearing

Dirt and soil removal

Debris, brush pile, rubble and rock removal

Light excavation

Rough grading and soil leveling

Driveway and parking area preparation

Drainage correction support

Site preparation

Surface smoothing

Property cleanup

Other related services stated in a written estimate or work order

Only the work specifically described in the accepted estimate or work order is included.

Services not expressly listed are excluded and may require a separate estimate or written change order.

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2. ESTIMATES AND PROJECT SCOPE

Estimates are based on conditions that are visible or reasonably known when the property is inspected or when information is provided by the Customer.

Unless expressly stated otherwise:

Estimates are not guaranteed measurements of underground or concealed conditions.

Quantities, loads, disposal amounts and working hours may be approximate.

Verbal discussions do not expand the written scope of work.

Photos, maps and measurements are provided for general project identification and may not establish legal property boundaries.

An estimate may expire on the date stated in the estimate or after 30 days if no expiration date is stated.

If the actual site conditions, material quantities, access requirements or project scope differ from the information used to prepare the estimate, Bushwhackers may revise the price or require a written change order.

The estimate, work order, approved change orders and these Terms form the complete agreement for the project.

If a direct conflict exists, the signed estimate or work order controls for project-specific pricing and scope.

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3. CUSTOMER AUTHORITY

The Customer represents that they:

Own the property or have full legal authority from the property owner to authorize the work.

Have permission to grant Bushwhackers and its employees, subcontractors and equipment access to the property.

Have identified any shared property, easements, leased areas, rights of way or neighboring property that may be affected.

Will provide accurate instructions about the work area and property boundaries.

Bushwhackers may rely on the Customer’s instructions, markings, maps and representations.

The Customer is responsible for claims, trespass allegations, boundary disputes or restoration costs arising from inaccurate instructions, incorrect property markings or a lack of authority to order the work.

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4. PROPERTY BOUNDARIES AND ITEMS TO REMAIN

The Customer must clearly identify and mark:

Property lines

Easements and rights of way

Work-area boundaries

Trees, shrubs and vegetation that must remain

Fences, gates and structures that must not be disturbed

Septic systems, wells, drainage systems and underground structures

Any areas where equipment may not travel

Bushwhackers is not a licensed surveyor and does not independently determine legal property boundaries.

If a property line or work boundary is uncertain, the Customer must obtain a professional survey before work begins.

Unless identified and protected in advance, vegetation, brush, small trees, buried objects or other materials located within the designated work area may be cleared, damaged or removed as part of the work.

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5. UNDERGROUND UTILITIES AND PRIVATE FACILITIES

Bushwhackers will comply with applicable Indiana underground utility notification requirements when excavation performed by Bushwhackers requires a locate request.

The Customer remains responsible for identifying and arranging the location of all privately owned underground or concealed facilities that may not be marked through the public utility locating system.

These may include:

Septic tanks and septic lines

Private water or sewer lines

Propane and fuel lines

Irrigation and sprinkler systems

Landscape lighting

Invisible pet fencing

Electrical lines serving sheds, garages, pools or outbuildings

Private communication or internet lines

Wells, cisterns and buried tanks

Drainage tile and privately installed drain lines

Any other privately owned underground installation

The Customer must keep utility markings visible and must notify Bushwhackers if markings are disturbed, removed or believed to be inaccurate.

To the fullest extent permitted by law, Bushwhackers is not responsible for damage to any private, unmarked, incorrectly marked, undisclosed or inaccurately located underground facility.

Work may be delayed or stopped until required locating is completed.

Delays caused by missing, incomplete or inaccurate utility information do not constitute a breach by Bushwhackers.

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6. EQUIPMENT ACCESS AND TURF DAMAGE ACKNOWLEDGMENT

The Customer understands that land clearing, excavation, grading, debris removal and related services require the use of heavy equipment, trucks, trailers, tracked machinery, skid steers, excavators and other equipment.

Even when operated carefully, this equipment may cause normal and reasonably foreseeable property disturbance including:

Tire marks and track marks

Ruts and depressions

Soil compaction

Torn, displaced or crushed turf

Lawn and sod damage

Mud tracking

Disturbed topsoil

Damage to soft, saturated or recently seeded ground

Displacement of gravel, mulch or landscaping materials

Minor settling or surface irregularities

Damage caused by hidden weak spots, unstable soil or underground voids

THE CUSTOMER SPECIFICALLY ACKNOWLEDGES AND ACCEPTS THE RISK OF TURF, LAWN, SOD AND GROUND-SURFACE DAMAGE CAUSED BY EQUIPMENT ACCESS AND OPERATION.

BUSHWHACKERS IS NOT RESPONSIBLE FOR REPAIRING OR REPLACING TURF, GRASS, SOD, TOPSOIL, LANDSCAPING OR ACCESS AREAS DAMAGED AS A NORMAL OR REASONABLY FORESEEABLE RESULT OF PERFORMING THE AUTHORIZED WORK.

Unless specifically included in the written estimate, the following are not included:

Finish grading

Lawn restoration

Topsoil installation

Seed, straw or sod installation

Landscaping repair

Repair of tire tracks or equipment ruts

Driveway repair

Gravel replacement

Compaction testing

Erosion-control installation

The Customer may request protective mats, alternate access arrangements or restoration services before work begins.

These measures may involve additional charges and cannot guarantee that damage will be completely prevented.

This section does not exclude liability that cannot legally be waived or damage resulting solely from Bushwhackers’ intentional misconduct or gross negligence.

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7. DRIVEWAYS, SIDEWALKS AND ACCESS ROUTES

The Customer is responsible for providing an access route that is reasonably suitable for the size and weight of the equipment required for the project.

The Customer must disclose any known weakness, damage, weight restriction or concealed condition affecting:

Driveways

Culverts

Bridges

Sidewalks

Patios

Retaining walls

Parking areas

Drainage structures

Septic fields

Underground tanks

Soft or unstable ground

Bushwhackers is not responsible for cracking, settling, rutting or failure caused by preexisting damage, insufficient load capacity, concealed conditions, soft ground or the ordinary weight and movement of equipment required to perform the work.

Bushwhackers may refuse to enter an area that it reasonably believes cannot safely support its equipment.

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8. HIDDEN AND UNFORESEEN CONDITIONS

Outdoor work frequently involves conditions that are not visible before work begins.

These may include:

Buried concrete, wire, fencing or rebar

Large rocks or foundations

Unknown stumps and root systems

Wells, tanks or underground structures

Wetlands or protected areas

Contaminated soil

Hazardous materials

Unstable soil, sinkholes or voids

Unmarked utilities

Excessive groundwater

Hidden debris or dumped material

Insect nests, wildlife or dangerous plants

If concealed or hazardous conditions are discovered, Bushwhackers may stop work, secure the area and provide a revised price or change order.

Additional labor, equipment time, disposal fees, materials, testing, permits or specialty contractors required because of unforeseen conditions will be billed separately after Customer authorization where required.

Bushwhackers is not responsible for preexisting conditions or damage caused by hidden objects or conditions that were not disclosed and could not reasonably have been identified before work began.

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9. HAZARDOUS AND PROHIBITED MATERIALS

Unless specifically accepted in writing, Bushwhackers does not handle, transport or dispose of:

Asbestos

Chemicals

Fuel

Oil

Paint

Pesticides

Medical waste

Explosives

Radioactive material

Contaminated soil

Biohazardous material

Regulated hazardous waste

If suspected hazardous or prohibited material is discovered, work may stop immediately.

The Customer is responsible for testing, removal and lawful disposal through an appropriately qualified provider.

The Customer is responsible for all costs and delays caused by undisclosed hazardous or regulated materials.

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10. PERMITS, APPROVALS AND ENVIRONMENTAL RESTRICTIONS

Unless the written estimate expressly states that Bushwhackers will obtain a specific permit, the Customer is responsible for determining and obtaining all required:

Permits

Homeowners association approvals

Landlord approvals

Environmental approvals

Right-of-way permissions

Easement permissions

Wetland or waterway approvals

Zoning approvals

Neighbor or co-owner permissions

The Customer is responsible for notifying Bushwhackers of protected trees, wetlands, conservation restrictions, floodplain requirements, historic-property restrictions and other legal limitations affecting the work.

Bushwhackers may suspend work if a required permit or approval has not been obtained.

Resulting delays, remobilization expenses and additional costs are the Customer’s responsibility.

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11. GRADING, DRAINAGE AND SITE PREPARATION LIMITATIONS

Rough grading and drainage-support services are intended to improve general surface conditions based on the visible property conditions and the agreed scope.

Unless expressly stated in a signed agreement, Bushwhackers does not provide:

Civil engineering

Surveying

Soil engineering

Structural engineering

Architectural services

Certified drainage design

Compaction certification

Construction staking

Elevation certification

A guarantee that the property is suitable for building

Drainage results may be affected by soil composition, neighboring properties, underground water, rainfall, erosion, future settlement, vegetation, blocked drainage systems and conditions outside the work area.

Bushwhackers does not guarantee that grading will eliminate all standing water, erosion, settling, drainage problems or future soil movement unless a specific written guarantee is included in the project agreement.

The Customer must have any area intended to support a building, slab, retaining wall or permanent structure evaluated by the appropriate licensed professional.

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12. VEGETATION AND REGROWTH

Ground clearing and brush removal do not guarantee permanent vegetation elimination.

Roots, seeds and underground plant material may remain unless complete excavation or another specific treatment is included in the written scope.

Brush, weeds, vines, saplings and invasive vegetation may regrow after work is completed.

Bushwhackers is not responsible for future vegetation growth, weed control, herbicide application or ongoing property maintenance unless those services are expressly included in writing.

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13. CHANGES AND ADDITIONAL WORK

Any change to the project scope, price, materials, access route or completion expectations should be documented in a written change order or updated estimate.

Additional charges may apply when the Customer:

Adds work

Expands the work area

Changes disposal instructions

Requests additional loads or hauling

Changes access after equipment has been mobilized

Delays the crew

Provides inaccurate measurements or project information

Requests work outside the original marked area

Bushwhackers is not required to perform additional work until the additional price and scope have been approved.

Electronic approval by text message, email, customer portal or electronic signature may serve as written authorization where legally permitted.

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14. SCHEDULING AND DELAYS

Start dates and completion dates are estimates unless expressly guaranteed in writing.

Work may be delayed, interrupted or rescheduled because of:

Rain, snow, extreme heat or severe weather

Wet, frozen or unsafe ground

Equipment breakdowns

Utility-location delays

Permit delays

Disposal-site limitations

Material availability

Labor shortages

Emergencies

Unforeseen site conditions

Events beyond Bushwhackers’ reasonable control

Bushwhackers is not liable for losses, penalties, lost rent, lost profits or other damages caused by a reasonable scheduling delay.

If site conditions prevent safe or practical equipment operation, Bushwhackers may postpone the work until conditions improve.

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15. CUSTOMER SITE PREPARATION AND SAFETY

Before the scheduled service date, the Customer must:

Provide safe and unobstructed access

Unlock gates

Remove vehicles, trailers and personal property

Keep children, visitors and pets away from the work area

Identify hazards and underground facilities

Obtain necessary approvals

Notify tenants, neighbors or other affected parties

Remove items the Customer wishes to preserve

Only authorized personnel may enter the active work area.

The Customer must not direct, approach or interfere with equipment operators while machinery is operating.

Bushwhackers may stop work if any person creates an unsafe condition.

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16. DEBRIS REMOVAL AND DISPOSAL

Only material described in the accepted estimate will be removed.

The Customer authorizes Bushwhackers to transport and dispose of approved material using a disposal, recycling or processing location selected by Bushwhackers.

Once material is loaded and removed, it cannot be retrieved or returned.

Additional charges may apply for:

Excess weight or volume

Additional truck or trailer loads

Dumping or disposal fees

Tires, appliances or regulated items

Concrete, rock or unusually dense material

Material different from what was originally disclosed

Rejected loads

Contaminated material

Bushwhackers may leave material onsite if it is outside the agreed scope or cannot be lawfully transported or disposed of.

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17. PAYMENT

The Customer agrees to pay all deposits, progress payments and final balances according to the accepted estimate, work order or invoice.

Unless otherwise stated in writing, payment is due immediately upon completion of the invoiced work.

Bushwhackers may:

Require a deposit before scheduling or mobilization

Require progress payments during larger projects

Suspend work for nonpayment

Withhold additional work until outstanding balances are paid

Charge approved late fees stated in the estimate or invoice

Recover reasonable collection expenses where permitted by law

The Customer may not withhold the entire payment because of a minor incomplete item that does not prevent substantial use or completion of the project.

The parties will reasonably determine the value of any legitimate incomplete work.

Returned payments and disputed or reversed card payments may be subject to additional charges to the extent allowed by law.

Bushwhackers retains all payment remedies available under Indiana law including applicable mechanic’s lien rights.

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18. CANCELLATION AND REMOBILIZATION

Cancellation terms and deposit refundability are governed by the accepted estimate or work order and applicable law.

The Customer remains responsible for work already performed and costs already incurred including:

Mobilization

Equipment transportation

Labor

Materials

Disposal reservations

Permit expenses

Subcontractor charges

Special-order items

If work must be stopped and restarted because of the Customer’s actions, unavailable access, missing approvals, undisclosed conditions or nonpayment, a remobilization charge may apply.

Bushwhackers may cancel or terminate a project when continued work would be unsafe, unlawful, impractical or materially different from the agreed scope.

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19. COMPLETION AND CUSTOMER INSPECTION

The Customer should inspect the work promptly after completion.

Any concern regarding visible work must be reported in writing within five business days after completion or discovery.

The notice must reasonably describe the issue and provide Bushwhackers an opportunity to inspect and address it before another contractor alters the work.

Failure to provide prompt notice may limit Bushwhackers’ ability to verify or correct the alleged issue.

This provision does not shorten any nonwaivable legal right or statutory claim period.

Minor surface variation, equipment marks, disturbed soil, leftover roots, normal debris fragments, vegetation regrowth and conditions expressly excluded from the scope are not defective work.

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20. LIMITED SERVICE WARRANTY

Bushwhackers warrants that services will be performed in a reasonably workmanlike manner consistent with the written scope.

No warranty applies to:

Preexisting property conditions

Undisclosed or concealed conditions

Work altered by the Customer or another contractor

Damage caused after project completion

Weather, erosion, flooding or natural soil movement

Vegetation regrowth

Turf or access-route damage associated with equipment use

Results dependent on engineering or services not included in writing

Except for warranties that cannot legally be excluded, no other express or implied warranty is provided.

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21. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Bushwhackers will not be liable for indirect, incidental, special, exemplary, punitive or consequential damages including:

Lost profits

Lost use

Lost rent

Project delay costs

Loss of property value

To the fullest extent permitted by law, Bushwhackers’ total liability arising from a project will not exceed the amount actually paid to Bushwhackers for the specific service giving rise to the claim.

These limitations do not apply where liability cannot legally be limited or to Bushwhackers’ intentional misconduct or gross negligence.

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22. CUSTOMER INDEMNIFICATION

To the fullest extent permitted by law, the Customer agrees to defend, indemnify and hold Bushwhackers and its owners, employees and subcontractors harmless from third-party claims, expenses or damages arising from:

The Customer’s lack of ownership or authority

Incorrect property boundaries

Work directed onto neighboring or unauthorized property

Undisclosed underground facilities

Undisclosed hazards or contaminated materials

The Customer’s violation of law or permit requirements

Unsafe actions by the Customer, guests, tenants or other contractors

Materially false or incomplete information supplied by the Customer

This indemnification does not apply to claims caused solely by Bushwhackers’ intentional misconduct or gross negligence.

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23. PHOTOGRAPHS AND PROJECT DOCUMENTATION

Bushwhackers may photograph or record the work area for:

Estimating

Documentation

Safety

Training

Insurance

Quality control

Unless the Customer requests otherwise in writing before work begins, Bushwhackers may use nonconfidential before-and-after project images for its portfolio, website, social media or marketing.

Bushwhackers will make reasonable efforts not to publish the Customer’s name, address, license plates or other identifying details without permission.

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24. SUBCONTRACTORS

Bushwhackers may use qualified employees, operators, hauling providers, disposal providers or subcontractors to perform portions of the work.

The Customer may not directly hire or separately direct a Bushwhackers subcontractor regarding the project without Bushwhackers’ written approval.

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25. SMS MESSAGING TERMS

By voluntarily providing a mobile phone number and opting in through a website form or another communication method, the Customer consents to receive service-related SMS messages from Bushwhackers.

Messages may include:

Estimate follow-ups

Appointment confirmations

Scheduling notifications

Project updates

Requests for project information

Customer-service communications

Consent to receive SMS messages is not a condition of purchase.

Message frequency varies and message and data rates may apply.

Reply STOP to unsubscribe.

Reply HELP for assistance or contact Bushwhackers directly.

Wireless carriers are not liable for delayed or undelivered messages.

Customers must be at least 18 years old to consent to SMS communications.

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26. WEBSITE INFORMATION

Website content is provided for general information and does not constitute:

A binding estimate

Engineering advice

Surveying advice

A guarantee that a particular service is appropriate for a property

Service descriptions, availability and pricing may change without notice.

The website, branding, photographs, written content and other materials owned by Bushwhackers may not be copied or commercially used without written permission.

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27. DISPUTE RESOLUTION

Before filing a lawsuit, the Customer must provide Bushwhackers with written notice describing the dispute and the requested resolution.

Both parties agree to make a good-faith effort to resolve the dispute informally for at least 30 days after written notice is received unless emergency legal relief is reasonably necessary.

These Terms and all services will be governed by the laws of the State of Indiana without regard to conflict-of-law rules.

Unless applicable law requires otherwise, any legal action must be brought in a state or federal court serving Vanderburgh County, Indiana.

Each party consents to jurisdiction and venue in those courts.

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28. SEVERABILITY

If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain effective.

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29. NO WAIVER

A failure by Bushwhackers to enforce any provision on one occasion does not waive the right to enforce that provision later.

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30. ASSIGNMENT

The Customer may not transfer the agreement or project rights to another person without Bushwhackers’ written consent.

Bushwhackers may assign the agreement as part of a business transfer, restructuring or use of an authorized service provider.

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31. ELECTRONIC ACCEPTANCE

Electronic signatures, emailed approvals, text-message approvals, checkbox acceptance and online payments may be treated as electronic acceptance where permitted by law.

The Customer is responsible for reviewing these Terms before authorizing work.

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32. CHANGES TO THESE TERMS

Bushwhackers may update these Terms periodically.

Changes will apply prospectively from the updated effective date posted on the website.

The version in effect when an estimate is accepted will generally govern that project unless the parties agree otherwise in writing.

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33. CONTACT INFORMATION

Questions regarding these Terms may be directed to:

Bushwhackers
Evansville, Indiana
Phone: (812) 841-6231
Website: hoosierbushwhacker.com

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CUSTOMER ACKNOWLEDGMENT

By approving an estimate, signing a work order, making payment or authorizing Bushwhackers to begin work, the Customer confirms that they have read and agree to these Terms including the Equipment Access and Turf Damage Acknowledgment.