Last Updated: January 2026
1. Definitions
For the purposes of this Legal Disclaimer and Limitation of Liability, the following definitions shall apply:
“Institutional Framework:” Refers to the standardized methodology and data collection requirements mandated by the Studio for project initiation.
“The Studio” (also referred to as “we,” “us,” or “our”): Refers to Avishan Garden, its researchers, and its authorized logistics team.
“Steward:” Refers to the individual, property owner, or entity engaging with the Studio’s research. The Steward is the party responsible for site-specific data collection and the long-term biological care of the project site.
“Protocol”: Refers to the standardized analytical services provided by the Studio (e.g., Logistics Network, Site Hydrology, Ecological Design Strategy).
“Biological Assets:” Refers to living plant material, soil, and ecological components of the site, whether existing or procured through the Studio’s logistics network.
“Technical Infrastructure:” Refers to the secure digital systems used for data processing and technical reporting.
“Digital Research Assets:” Refers to technical manuals, phenology guides, and mapping templates provided in a downloadable, electronic format.
2. General Liability & Usage Terms
1. Educational Purpose Only: The content provided in this website/book/brochure, including all text, designs, illustrations, and guides, is for educational and inspirational purposes only. It is not intended to be a substitute for professional engineering, architectural, or landscape construction advice tailored to your specific property.
2. No Professional Relationship: Accessing this material or purchasing our guides does not establish a professional Steward-designer relationship between you and Avishan Garden (or its owners).
3. Site-Specific Conditions & Structural Risks: Landscape projects, particularly those involving slopes, retaining walls, drainage, and sunken gardens, are highly dependent on site-specific conditions (soil type, water table, local grading ordinances).
- Warning: You should always consult with a licensed local professional (Engineer or Landscape Architect) and obtain necessary municipal permits before undertaking any structural construction or altering natural drainage patterns.
- Liability: Avishan Garden assumes no liability for damages, injuries, or financial losses resulting from the construction, implementation, or misuse of the concepts presented herein.
4. Plant Toxicity & Safety: While we strive for accuracy regarding plant species (e.g., native Ontario plants), some species mentioned may be toxic to humans or pets if ingested or handled. It is the user’s responsibility to verify plant safety and local invasive species regulations before planting.
3. Publications & Digital Products Disclaimer
1. Educational Nature of Content: All publications, e-books, guides, and calendars sold or distributed by Avishan Garden are intended solely for educational and inspirational purposes. The methods, designs, and strategies contained therein represent the author’s personal experience and research but do not constitute guaranteed horticultural or construction advice.
2. No Guarantee of Results: Gardening and landscape design are subject to variables beyond our control, including local climate fluctuations, soil composition, pest pressure, and individual skill levels. Avishan Garden makes no warranty that following the steps in our guides will result in successful plant growth or specific design outcomes.
3. Regulatory & Bylaw Compliance (Important for “Privacy Shields”): Designs featured in our books, particularly those involving Privacy Screens, Living Walls, or Boundary Plantings, may be subject to local municipal bylaws regarding fence heights, property line setbacks, and “right to light” regulations.
- User Responsibility: It is the sole responsibility of the reader/user to verify that any planned installation complies with the zoning laws and property standards of their specific municipality before breaking ground.
4. Plant Toxicity & Safety: While we prioritize the recommendation of native and non-invasive species, users are responsible for verifying the toxicity of any plant to humans, pets, or livestock. Avishan Garden accepts no liability for adverse reactions, allergies, or accidental ingestion of plant materials mentioned in our publications.
5. DIY Safety & Physical Risk: Our guides may mention the use of garden tools, construction materials, or physical labor. The user assumes all risk of injury associated with the practical application of this information. We strongly recommend using appropriate personal protective equipment (PPE) and consulting a professional for any heavy lifting or structural work.
6.Refund Policy: All sales of digital products (e-books, downloadable calendars) are final and non-refundable due to the immediate nature of the content delivery.
4. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes arising from these Terms or your use of our services/products shall be resolved exclusively in the courts located in Kingston, Ontario.
5. Institutional Communications
For any questions regarding these Legal Disclaimer and Limitation of Liability, please contact us at: info@AvishanGarden.com
