Avishan Garden

Last Updated: January 2026

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1. Definitions

For the purposes of these Terms of Service, 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., Forensic Diagnostic, 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.

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2. Institutional Services & Scope of Authority

Avishan Garden provides remote landscape design services, ecological stewardship guides, and horticultural consultation. By purchasing a package, the Steward agrees to the terms outlined below.

Force Majeure: Avishan Garden is not liable for delays or failures in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, or technical failures of third-party platforms (such as Google Forms, Google Drive, or PayPal).

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3. Vetting Process & Selection Discretion

Avishan Garden is a mission-led research sanctuary and ecological studio. We reserve the right to decline any project, consultation, or plant order at our sole discretion, without providing specific justification. This includes, but is not limited to, projects that do not align with our ecological stewardship standards, site conditions that are unsuitable for native habitat restoration, or requests that fall outside our current operational capacity or geographic service area.

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4. Conceptual Framework & Engineering Limitations

• Softscapes Focus: Our designs focus on horticultural elements (plants, trees, garden beds) and aesthetic layout.
• No Engineering: We are not licensed engineers or architects. Our plans are conceptual. We do not provide structural engineering drawings for retaining walls, decks, pools, or pergolas. All hardscape construction should be reviewed and installed by a licensed contractor to ensure compliance with local building codes.

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5. Biological Material & Procurement Logistics

• Transfer of Stewardship: Upon the physical delivery or collection of biological material, the “Chain of Custody” is considered complete. All responsibility for the ongoing health, hydration, and protection of the material shifts immediately to the Steward.
• Inventory Volatility: Due to the inherent fluctuations of the horticultural supply chain, Avishan cannot guarantee the availability of specific species until a procurement contract is finalized. We reserve the right to recommend functional ecological substitutions of equal or greater value.
• Biological Liability & Warranty: Avishan does not provide warranties, expressed or implied, regarding the long-term survival of biological material once it has left our audited grower network. Success is dependent on site-specific stewardship and environmental factors beyond the studio’s control.

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6. Analytical Protocols & Technical Reporting

Remote consultations are available for out-of-province stewards. Bookings are non-refundable but may be rescheduled with 48 hours’ notice to respect the seasonal rhythms of our schedule.

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7. Digital Research Assets & Technical Manuals

All digital research assets and technical manuals are delivered as immediate-access resources. Due to the inherent nature of digital intellectual property, all such sales are final and strictly non-refundable.

As part of our commitment to ecological equity, proceeds from these resources directly facilitate the 2026 Cultivator Grant and support the ongoing research of the Avishan sanctuary. By finalizing the purchase of digital assets, the Steward acknowledges that access to these materials is granted immediately and that the transaction is exempt from standard return or cancellation protocols.

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8. Data Integrity & Field Researcher Responsibility

The fidelity of Avishan’s analytical reports is directly dependent on the quality of the data provided during the intake process. By initiating a protocol, the Steward assumes the role of Primary Field Researcher and agrees to the following:

• Data Accuracy: The Steward is responsible for providing high-resolution photos and precise metrics. Avishan is not liable for design errors resulting from incorrect measurements provided by the Steward.
• Visual Evidence: Photographic evidence must be clear, high-resolution, and provided in the specific orientations requested. Ambiguous or low-quality visual data may result in the suspension of analysis until sufficient evidence is provided.
• Historical Disclosure: The Steward must disclose all known site interventions, including past chemical applications, recent construction, or significant drainage alterations.
• Right to Refuse Service: We reserve the right to pause or refuse service if the data provided (photos or measurements) is insufficient to create an accurate design. In such cases, a refund may be issued at our discretion, less any administrative or diagnostic work already performed.

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9. Stewardship Responsibilities (Remote Research)

Because we work remotely, we rely entirely on the data the Steward provides.

• Utilities: The Steward is responsible for identifying and marking all underground utilities (gas, water, electric). We recommend using a “Call Before You Dig” service before any excavation.
• Local Compliance: The Steward is responsible for ensuring the design complies with local HOA rules, zoning laws, and property line setbacks.
• Physical Safety: Implementing a landscape design involves physical labor and inherent risks. The Steward is solely responsible for personal safety and the safety of anyone assisting the Steward during the DIY implementation of our designs. Avishan Garden is not liable for any injuries, accidents, or damages (including but not limited to falls from heights, tool-related injuries, or physical strain) that occur while the Steward is performing site surveys, planting, or construction work on the Steward’s property.
• Supervision of Minors: Any interactive activities suggested in our products, Field Manuals, or stewardship guides—including but not limited to scavenger hunts, plant identification, or habitat monitoring—are intended to be performed under direct adult supervision. The Steward is solely responsible for safety of any minors on the property. Avishan Garden is not liable for any incidents occurring during these activities.

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10. Ecological Survivability & Stewardship Transfer

We select plants based on the climate zone and soil conditions the Steward reports. However, nature is unpredictable.

• No Warranty: We cannot guarantee the survival of any specific plant. Plant health depends on variables beyond our control, including weather, pest activity, soil changes, and Steward-managed watering habits.
• The Steward must inspect all physical plant deliveries upon arrival. Any concerns regarding the immediate health of the flora must be reported within 24 hours of delivery. Beyond this window, Avishan Garden is not responsible for plant decline due to environmental factors, improper planting, or neglect.
• Substitution: Nurseries may have fluctuating stock. The plants listed in your design are recommendations. The Steward may need to substitute species based on local availability.

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11. Financial Protocols & Refund Eligibility

• Digital Goods: Due to the custom nature of our digital products (PDF Plans, Field Manuals), all sales are final once the design work has commenced.
• For instant-access digital manuals, sales/contributions are final upon delivery of the download link.
• Cancellations: If the Steward wishes to cancel before design work begins, please contact the Studio immediately for a potential partial refund, less any administrative fees.
• Refund Eligibility Varies by Product Type: Digital resources and physical plant deliveries are non-refundable. Consultations may be rescheduled but not refunded.

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12. Dissolution of Service Agreement

This agreement governs the formal conclusion of the professional relationship between the Steward and the Studio.

• Natural Dissolution: A service agreement is considered naturally dissolved upon the delivery of the finalized technical report or the successful completion of a procurement logistics window.
• Dissolution for Breach of Protocol: Avishan reserves the right to dissolve an agreement immediately if the Steward provides fraudulent data, fails to meet the biological stewardship requirements outlined herein, or engages in conduct that violates our ecological standards.
• Refunds upon Dissolution: As outlined herein, dissolution of an agreement does not entitle the Steward to a refund for digital resources already accessed or biological material already secured.

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13. Proprietary Research & Intellectual Property

• Ownership: Avishan Garden retains sole copyright and ownership to all designs, illustrations, paintings, drawings, digital assets, and the Ecological Stewardship Protocol documents.
• Digital Download License: By purchasing, downloading, or accessing any digital asset—regardless of whether it was purchased or provided as a free resource—you are granted a single-user, non-transferable license strictly for your individual personal use or one-to-one client consultation. This license is limited to a single natural person per purchase. Sharing, broadcasting, transferring, or distributing these files in any format to any third party, internal team members, or corporate departments is strictly prohibited and constitutes copyright infringement.
• Project-Specific License: Upon full payment for a custom landscape assessment, the Steward is granted a perpetual, non-exclusive license to use the design to build the project strictly at the specified address. The Steward may not resell, transfer, or replicate the design for other properties or commercial projects.

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14. General Release & Indemnification

To the maximum extent permitted by applicable law, the Steward hereby releases, waives, and forever discharges Avishan Garden, its owners, and contractors from any and all claims, demands, injuries, damages, actions, or causes of action whatsoever, arising out of or connected with the use of our designs, Field Manuals, or consultations.

This release applies globally, regardless of location or timing. Under no circumstances shall Avishan Garden be liable for any indirect, incidental, or consequential damages. In all cases, our total liability to the Steward for any claim arising out of our services shall be strictly limited to the total amount actually paid by the Steward to Avishan Garden for the specific service in question.

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15. Jurisdictional Governance (Ontario)

These Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario, Canada. The Steward generally consents to the exclusive jurisdiction of the courts of Ontario for any action arising out of or relating to these Terms of Service.

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