Terms of Service

By requesting an estimate, approving a proposal, signing a service agreement, or allowing High Mark Terrain LLC ("Company," "we," "us," or "our") to perform work on your property, you ("Client") agree to these Terms of Service.

High Mark Terrain LLC provides:

• Forestry Mulching
• Land & Brush Clearing
• Vegetation & Invasive Removal
• Site Preparation
• Underbrush & Overgrowth Management

Services are performed using rubber-tracked equipment, including skid steers and mulching heads.

• Pricing is per job, not hourly.
• Minimum service charge: 1/4 acre minimum.

Pricing is based on:

• Acreage
• Vegetation density (Normal / Heavy)
• Terrain conditions
• Accessibility
• Material type
• Travel distance (if applicable)

If site conditions materially differ from those disclosed or visible at the time of estimate, pricing may be adjusted before work continues.

• A deposit may be required to secure scheduling.
• Remaining balance is due upon completion unless otherwise agreed in writing.
• Late payments may incur interest or collection fees.
• Client agrees to pay reasonable attorney and collection costs if payment enforcement is required.

Company reserves the right to suspend or refuse service for nonpayment.

Forestry mulching equipment cannot operate in:

• Active rainfall
• Flooding conditions
• Saturated or unstable soil
• Conditions likely to cause excessive rutting or property damage

The Company retains sole discretion to determine safe operating conditions.

If work is postponed due to weather or ground conditions:

• The project will be rescheduled.
• Deposits remain valid.
• No penalties apply to the Company.

Client agrees to:

• Contact 811 prior to work where required.
• Clearly mark all private utilities, septic systems, drain fields, invisible fences, irrigation lines, propane lines, cable lines, and any underground installations.

Public utility marking laws vary by state:

• Ohio: Ohio Revised Code § 3781.25 et seq.
• Kentucky: Kentucky Revised Statutes § 367.4901 et seq.
• Indiana: Indiana Code § 8-1-26

Company is not responsible for damage to unmarked or improperly disclosed utilities or underground structures.

Client must:

• Provide safe and clear access to the work area.
• Remove vehicles, trailers, equipment, and personal property.
• Disclose known hazards including soft soil, debris, hidden fencing, or buried materials.

We are not responsible for:

• Damage to concealed objects.
• Pre-existing site conditions.
• Property boundary disputes.

Client acknowledges:

• Vegetation will be permanently removed.
• Surface disturbance may occur.
• Ground may be uneven.
• Organic mulch will remain unless otherwise agreed.
• Appearance will change significantly.

Forestry mulching is not fine grading or finish landscaping unless specifically contracted.

Client is responsible for:

• HOA approval
• Municipal permits
• Environmental restrictions
• Tree preservation ordinances
• Wetland or conservation compliance

Company does not verify zoning, protected species, or boundary lines.

• Deposits may be non-refundable if cancellation occurs within 48 hours of scheduled work.
• Weather delays do not constitute cancellation.
• Company may reschedule due to mechanical issues or safety concerns.

To the fullest extent permitted under the laws of Ohio, Kentucky, and Indiana:

• Company's liability shall not exceed the total amount paid for services.
• Company shall not be liable for indirect, incidental, consequential, or special damages.
• Client assumes inherent risks associated with land clearing operations.

Client agrees to indemnify and hold harmless High Mark Terrain LLC from claims arising from:

• Undisclosed site conditions
• Unmarked utilities
• Boundary disputes
• Neighbor property disputes

Legal disputes shall be governed by the laws of the state in which the work was performed:

• Ohio projects: Venue in Clermont County, Ohio
• Kentucky projects: Venue in the county where services were rendered
• Indiana projects: Venue in the county where services were rendered

Company is not liable for delays caused by:

• Weather
• Acts of God
• Equipment failure
• Supply chain issues
• Government action
• Labor shortages

If any provision is deemed unenforceable, the remainder of these Terms shall remain in effect.

16.1 Age Restriction

By consenting to receive SMS messages from High Mark Terrain LLC, you represent that you are at least 18 years of age and have the legal authority to enter into this agreement.

16.2 SMS Use Cases

We may send you SMS messages for the following purposes:

• Transactional Messages: Quote confirmations, appointment reminders, service updates, and account notifications related to your quote request.
• Marketing Messages: Promotional offers, service announcements, seasonal discounts, and special deals (only if you have opted in).

16.3 Message & Data Rates

Standard message and data rates may apply. Rates vary by carrier and are determined by your mobile service provider. High Mark Terrain LLC is not responsible for any charges incurred by your carrier.

16.4 Opt-Out Instructions

You can opt out of receiving SMS messages at any time by replying "STOP" to any SMS message from us. You may continue to receive transactional messages necessary to process your quote request even after opting out of marketing messages.

16.5 Help & Support

For help, reply "HELP" to any SMS from us, or contact us directly:

Phone: (513) 951-3530
Email: [email protected]
Hours: Monday–Friday, 8:00 AM – 5:00 PM EST

Your mobile carrier is not liable for any delays, undelivered messages, or misdirected SMS communications from High Mark Terrain LLC. Message and data rates may apply according to your carrier's plan. Contact your carrier for details about your specific plan and rates.

For information about how we collect, use, and protect your personal data, please review our Privacy Policy. Your use of our services is also governed by the terms outlined in our Privacy Policy.