TERMS AND CONDITIONS OF SERVICE
Anderson Gutter & Tree, LLC
Effective Date: July 14, 2026 | Last Updated: July 14, 2026
This version governs every quote approved on or after the Effective Date above. Anderson Gutter & Tree, LLC retains prior versions and the version referenced in an approved quote governs that transaction (see Section 1.3).
1. INTRODUCTION
These Terms and Conditions ("Agreement") govern the relationship between Anderson Gutter & Tree, LLC ("Company," "AGT," "we," or "us"), located at 4406 Dayton Blvd Suite A, Chattanooga, TN 37415, and the individual or entity purchasing seamless gutter products and/or tree services ("Customer" or "you"). By engaging the Company for seamless gutter installation, maintenance, tree removal, or related services — including by approving a quote or estimate through the Company’s online Client Hub — Customer agrees to the terms outlined in this Agreement.
This Agreement incorporates by reference the Seamless Gutter Warranty Agreement, which provides detailed terms regarding workmanship warranties. A copy of the Warranty Agreement is available upon request or at andersongutterandtree.com/warranty.
1.1 Acceptance of Agreement
This Agreement is incorporated by reference into every quote, estimate, and invoice issued by the Company. Customer accepts and agrees to be bound by this Agreement by taking any of the following actions:
Clicking "Approve," "Accept," or an equivalent button on a quote presented through the Company’s Client Hub or quoting platform;
Providing an electronic or handwritten signature on a quote, work order, or this Agreement; or
Directing the Company, verbally or in writing, to proceed with Services after having a reasonable opportunity to review this Agreement.
Each quote presented to Customer includes a link to the current version of this Agreement at andersongutterandtree.com/terms. Customer is responsible for reviewing this Agreement before approving a quote. Approving a quote constitutes Customer’s representation that they have read, understand, and agree to this Agreement in its entirety.
1.2 Electronic Signatures and Records
Customer agrees that an electronic approval, click-through acceptance, or electronic signature given in connection with a quote has the same legal effect, validity, and enforceability as a handwritten signature and paper record, to the fullest extent permitted under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Tennessee Uniform Electronic Transactions Act (Tenn. Code Ann. § 47-10-101 et seq.).
Customer consents to receive this Agreement, quotes, invoices, notices, and other communications related to Services electronically. Customer may request a paper copy of this Agreement or any related record at no charge by contacting the Company at [insert contact email/phone]. Customer confirms they have the hardware and software necessary to access, view, download, and retain electronic records.
1.3 Updates to This Agreement
The Company may update this Agreement from time to time. Changes apply prospectively and govern only quotes approved on or after the effective date of the update. The version of this Agreement referenced in Customer's approved quote — and retained in the Company's records as described in Section 14 — governs that transaction, regardless of later changes to the version posted on the Company's website.
2. DEFINITIONS
For the purposes of this Agreement, the following definitions apply:
2.1 Customer:
The individual or entity that engages the Company to provide Services and/or Products.
2.2 Services:
AGT provides professional residential and light commercial services, including but not limited to:
Tree Services
Tree trimming and pruning
Tree removals
Emergency tree services (removal from structures, vehicles, access clearing, temporary mitigation)
View clearing
Stump grinding
Plant Health Care (PHC) and Tree Health Care treatments
Cabling, bracing, and supplemental tree support systems
Tree work is inherently hazardous and involves biological systems that cannot be guaranteed.
Gutter Services
Seamless gutter and downspout installation
Gutter and downspout replacement (including tear-off and reinstallation)
Limited exterior carpentry related to gutter systems (fascia and soffit replacement only)
Gutter protection systems
Gutter and downspout repairs
Gutter maintenance and cleaning
Cosmetic gutter face cleaning
Additional / Miscellaneous Services
Challenging-access work
Light excavation or grading
Ground-level and underground drainage solutions
Downspout extensions
2.3 Products:
Seamless gutter systems, downspouts, brackets, screws, sealants, gutter screen, tree support systems, and related accessories supplied or installed by the Company.
2.4 Force Majeure:
Events or circumstances beyond the reasonable control of the Company, as detailed in Section 9, including acts of God, extreme weather, labor shortages, and supply chain disruptions.
2.5 Warranty Document:
The Seamless Gutter Warranty Agreement issued by the Company to outline workmanship warranty coverage and Customer responsibilities.
2.6 Media:
Photographs, video, audio, aerial or drone footage, time-lapse recordings, still frames, digital images, and any other visual or audiovisual recordings captured by or on behalf of the Company at, of, or in connection with the Customer's property, the exterior structures and landscape features located on it, and the Services performed there.
3. SCOPE OF SERVICES
3.1 Services Offered
Anderson Gutter & Tree provides a range of tree and gutter-related services, including but not limited to:
Gutter Services
Custom seamless gutter system installation designed to suit the dimensions and requirements of the Customer’s property
Gutter and downspout replacement, including tear-off and reinstallation
Gutter cleaning and maintenance services to ensure proper functionality and prevent clogs
Routine inspections and preventative maintenance to extend the life of the gutter system
Gutter and downspout repairs, including re-attachment, re-leveling, resealing, and component replacement
Installation of gutter protection systems and accessories
Limited exterior carpentry related to gutter systems, including fascia and soffit repair or replacement
Tree Services
Tree trimming and pruning for safety, health, and clearance
Tree removals, including hazardous or structurally compromised trees
Emergency tree services, including removal of trees or limbs from structures, vehicles, or access areas
View clearing performed through selective trimming and/or removals
Stump grinding and surface-level root removal
Plant Health Care (PHC) and Tree Health Care treatments for pest, disease, and vitality management
Installation of cabling, bracing, and supplemental tree support systems
All services are subject to site conditions, safety considerations, weather, material availability, and written approval of scope. Services not expressly listed in the approved quote or change order are excluded from this Agreement.
3.2 Estimate and Scope Review
Initial estimates provided by the Company are based on the information provided by Customer and a preliminary inspection of the property.
Any changes in scope or pricing due to unforeseen circumstances (e.g., structural issues) will be communicated to Customer for approval before proceeding.
3.3 Customer-Specific Modifications
The Company reserves the right to suggest modifications to the gutter system design to improve performance, subject to Customer’s approval.
3.4 Completion Timeline
Service timelines are approximate and dependent on factors such as weather, material availability, and site conditions. The Company will make reasonable efforts to meet agreed deadlines.
3.5 Excluded Services
The Company does not provide repairs or maintenance for areas outside the scope of the gutter system, such as roof shingles or siding.
4. TERMS OF PAYMENT
4.1 Deposit and Scheduling
A deposit of 30% is required to secure the scheduling of Services. The deposit confirms Customer’s commitment to proceed.
Non-standard gutter colors or special-order materials require a 50% deposit prior to ordering.
Deposits are non-refundable once materials or labor have been allocated.
Scheduling is dependent upon:
Crew availability
Weather conditions
Safety considerations
Material availability
All start dates and timelines are estimates only and may shift due to conditions beyond AGT’s control. AGT reserves the right to pause, reschedule, or delay work if conditions are unsafe or unsuitable.
4.2 Progress Payments
For projects exceeding $1,000.00, payments may be scheduled in installments. The payment schedule will be agreed upon in writing before Services commence.
4.3 Final Payment
The remaining balance is due upon completion of the Services. Failure to remit payment within 10 days may result in late fees and potential legal action.
4.4 Payment Methods
Acceptable payment methods include cash, check, credit card, or other options agreed upon by the Company.
4.5 Non-Refundable Charges
Deposits for custom-fabricated Products are non-refundable once manufacturing has begun.
4.6 Late Fees and Collections
Invoices unpaid beyond the due date are subject to a late fee of 1.5% per month (18% APR).
Customer agrees to be responsible for all costs of collection, including attorney’s fees, court costs, and administrative fees.
Returned or Failed Payments
Returned or failed payments may incur a $50 processing fee, plus any applicable bank charges.
Cancellation Policy
If Customer cancels after approval:
A $50 cancellation fee will apply
All deposits remain non-refundable
Customer is responsible for:
Materials ordered or purchased
Labor allocated
Vendor restocking or cancellation fees
Administrative processing costs
Special-order materials cannot be canceled or refunded. Tree jobs involving third-party equipment (cranes, lifts, specialty rigging, stump grinding) may incur third-party cancellation fees.
5. CUSTOMER RESPONSIBILITIES
5.1 Property Access
Customer must provide unobstructed access to the property during the agreed-upon service hours. Failure to provide access may result in delays and additional charges.
5.2 Worksite Safety
Customer agrees to maintain a safe work environment free of hazards, including securing pets, removing items that could obstruct the work area, and disclosing all underground utilities, sprinkler systems, septic systems, or hazards, and must inform AGT of known structural issues or unsafe conditions.
AGT is not responsible for delays, damage, or added costs resulting from undisclosed conditions.
5.3 Maintenance Obligations
To maintain the functionality and longevity of the gutter system, Customer must clean and inspect the gutters regularly.
Failure to perform routine maintenance may void the warranty, as outlined in the Warranty Document.
5.4 Approval of Modifications
Any design changes, upgrades, or changes in scope of work suggested by the Company must be approved in writing by Customer.
5.5 Disclosure of Structural Issues
Customer must inform the Company of any known structural issues or hazards that could impact the performance of the gutter system or the safety of the installation team.
6. WARRANTIES
6.1 Workmanship Warranty
The workmanship of the Services provided is covered under the terms of the Seamless Gutter Warranty Agreement, available at andersongutterandtree.com/warranty. Customer acknowledges receipt of this document and agrees to its terms.
6.2 Exclusions from Warranty
The Warranty does not cover damage resulting from external factors, such as severe weather, third-party modifications, or improper maintenance.
6.3 Manufacturer Warranties
Materials used in the gutter system may be covered by separate manufacturer warranties. The Company will assist Customer in submitting claims but is not responsible for enforcing such warranties.
6.4 Tree Work Acknowledgement
Tree work involves inherent risk. AGT may refuse or modify any cut deemed unsafe.
Once a tree or limb is cut, AGT cannot guarantee the future health, stability, or biological response of the remaining tree.
No warranties apply to tree services.
7. LIMITATION OF LIABILITY
7.1 Maximum Liability
The Company’s liability for damages arising from this Agreement shall not exceed the total amount paid by Customer for the Services.
7.2 Excluded Damages
The Company is not liable for indirect or incidental damages, including lost revenue, diminished property value, or personal injury caused by the gutter system’s failure.
7.3 Third-Party Actions
The Company is not liable for delays, damages, or defects caused by third parties not contracted by the Company.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Agreement is governed by the laws of the State of Tennessee.
8.2 Mandatory Arbitration
ANY DISPUTES MUST BE RESOLVED THROUGH BINDING ARBITRATION conducted under the rules of the American Arbitration Association. The venue for arbitration shall be Chattanooga, Hamilton County, Tennessee.
8.3 Attorney’s Fees
In any legal action arising from this Agreement, the prevailing party is entitled to recover reasonable attorney’s fees and costs.
9. FORCE MAJEURE
The Company shall not be held liable for delays or failure to perform Services due to events outside its control, including but not limited to:
Natural disasters (hurricanes, floods, earthquakes).
Extreme weather conditions preventing safe work.
Labor strikes, transportation interruptions, or material shortages.
10. TERMINATION
10.1 Termination by Customer
Customer may terminate this Agreement by providing written notice before Services commence. The $50.00 cancellation fee and related charges described in Section 4 (Cancellation Policy) apply, including where cancellation occurs within 24 hours of the scheduled start of Services. All other terms of the Cancellation Policy, including non-refundable deposits and reimbursement for allocated materials or labor, continue to apply.
10.2 Termination by Company
The Company reserves the right to terminate this Agreement if Customer fails to meet payment obligations or creates unsafe working conditions.
11. INDEMNIFICATION
Customer agrees to indemnify and hold the Company harmless from any claims, damages, or liabilities arising from:
Customer’s failure to maintain the gutter system.
Pre-existing conditions that affect the performance of the gutter system.
Unauthorized modifications to the gutter system.
12. MEDIA, PHOTOGRAPHY, AND MARKETING USE
12.1 Grant of License
Customer grants to the Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, transferable, and sublicensable license to capture, reproduce, edit, adapt, publish, display, distribute, and otherwise use Media for any business, marketing, advertising, promotional, portfolio, educational, or training purpose, in any medium or channel now known or later developed, including but not limited to social media platforms, the Company's website, search and display advertising, Google Business Profile and other business listings, review and directory platforms, print and mailed materials, signage, vehicle wraps, trade show materials, and third-party publications.
The Company may capture and use Media at its sole discretion, without prior notice to Customer and without any obligation to submit Media to Customer for review or approval before publication.
12.2 Extension to Company Personnel and Contractors
The license granted in Section 12.1 extends to the Company's employees, independent contractors, subcontractors, marketing agents, agencies, consultants, vendors, and any other party engaged by the Company, whether now or in the future, acting on the Company's behalf or at its direction. Any such party may capture, edit, publish, and manage Media under this Agreement to the same extent as the Company.
12.3 Ownership
All Media, and all copyright and other intellectual property rights in Media, are and remain the sole property of the Company. Customer acquires no ownership interest, license, or other right in Media by virtue of the Media having been captured at or of Customer's property, and Customer may not reproduce or distribute Company Media for commercial purposes without the Company's prior written permission.
12.4 No Compensation
Customer acknowledges that no fee, royalty, residual, or other compensation of any kind is or will be owed to Customer for the capture or use of Media, and Customer waives any claim to such compensation.
12.5 Scope Limited to Exterior
Media is limited to the exterior of Customer's property, including structures, roofs, gutter systems, trees, landscape features, grounds, and the Services performed. The Company will not capture Media of the interior of any dwelling or building for marketing purposes. Interior images captured solely for job documentation, quality control, warranty, or claims purposes are governed by Section 12.8 and are not published as marketing material.
12.6 Persons Appearing in Media; Address and Identifying Information
The license granted in this Section 12 covers Customer's property and the Services performed. It does not, by itself, grant the Company the right to use Customer's name, voice, or likeness for marketing purposes.
If Customer, a member of Customer's household, or any other individual voluntarily appears in, speaks in, poses for, or otherwise participates in the creation of Media with knowledge that it is being recorded for marketing purposes, that participation constitutes consent to the use of that person's name, voice, and likeness in Media on the terms set out in this Section 12.
The Company will not publish Customer's full street address or house number in connection with Media without Customer's prior written consent. The Company may identify the general location of the work (for example, by city, neighborhood, or service area) without such consent.
12.7 Customer Representation and Authority
Customer represents and warrants that Customer owns the property, or is otherwise authorized to grant the rights described in this Section 12 with respect to the property, and that the grant of this license does not violate any lease, homeowners' association rule, restrictive covenant, or other agreement binding on the property. Customer agrees to indemnify and hold the Company harmless from any claim brought by a property owner, landlord, tenant, association, or other third party arising from the Company's use of Media in reliance on this representation.
12.8 Operational and Documentation Use Not Affected
Nothing in this Section 12, including any Opt-Out under Section 12.9, limits the Company's right to capture, retain, and use images and recordings for non-marketing purposes, including estimating, job documentation, scope verification, safety and training records, quality control, warranty administration, insurance claims, dispute resolution, and legal proceedings. Such use is permitted regardless of any Opt-Out.
12.9 Opt-Out
Customer may opt out of the marketing use of Media by delivering a specific written request to the Company at quotes@guttersandtrees.com. To be effective, the request must:
Be in writing and delivered by email to the address above (verbal requests, requests made to crew members on site, and requests made through social media or text message are not effective);
Identify Customer by name and the service address; and
State clearly that Customer is opting out of the marketing use of photographs and video of the property.
An Opt-Out is effective upon the Company's receipt and applies prospectively only. It does not affect Media already published, already distributed to third parties, or already incorporated into printed, produced, or scheduled materials.
Following an effective Opt-Out, the Company will make commercially reasonable efforts to remove affected Media from the digital channels it directly controls. The Company has no obligation to recall, retrieve, or remove Media that has been reposted, shared, archived, cached, indexed, or otherwise republished by third parties, or that appears in printed or physical materials already produced.
12.10 Survival
This Section 12 survives the completion, expiration, or termination of this Agreement and the completion of any Services, and remains in effect with respect to all Media captured before an effective Opt-Out.
13. ENTIRE AGREEMENT
13.1 Integration Clause
This Agreement — together with the approved quote, any written change orders, and the Seamless Gutter Warranty Agreement where applicable — constitutes the entire agreement between the parties regarding the Services and supersedes all prior discussions, representations, or agreements, whether oral or written.
13.2 Amendments
No modification, amendment, or waiver of any provision of this Agreement as applied to a specific, already-approved quote shall be valid unless made in writing and signed or approved by authorized representatives of both parties. Updates to the standard form of this Agreement that apply to future quotes are governed by Section 1.3.
13.3 Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13.4 Assignment
Customer may not assign this Agreement without written consent from the Company.
14. ELECTRONIC ACCEPTANCE AND RECORD OF AGREEMENT
Because Services are typically authorized through the Company's online Client Hub, this Agreement does not require a wet-ink signature. When Customer approves a quote electronically, the Company retains a record of that acceptance, which may include Customer's name, the quote number, the version and effective date of this Agreement then in effect, and the date, time, and IP address of approval. This record is available to Customer upon request and serves as evidence of Customer's acknowledgment of, and agreement to, this Agreement.
Where a handwritten signature is used instead (for example, for an in-person or paper quote), the signature block in Appendix A applies.
APPENDIX A – PAPER / OFFLINE SIGNATURE BLOCK
For use only when a quote is approved in person or on paper rather than through the Client Hub.
Customer Name: ___________________________________
Customer Address: ___________________________________
Customer Signature: ___________________________________
Date: ___________________________________
Authorized Representative Name: ___________________________________
Company Title: ___________________________________
Authorized Representative Signature: ___________________________________
Date: ___________________________________