Free trees for schools and communities: terms and conditions

The Woodland Trust ('The Trust’) is the UK’s leading charity dedicated solely to the protection of our native woodland heritage.

By submitting an application for trees, you accept that the Woodland Trust  will send you advice on tree planting and maintenance. This advice will be provided to you for free and at no cost to you. Please note though that you will be responsible for the trees you plant and we will always be available to offer you helpful advice.

The decision of the approvals team in relation to your application will be final and no further correspondence will be entered into.

You will be required to agree to the Woodland Trust's terms and conditions below before any trees will be supplied. These terms and conditions summarise the advice given and set out our terms, the scope of our support, and your own commitments to the project.

By submitting your application to the Free Trees scheme, you (the ‘Applicant’) agree to be bound by these Terms and Conditions. These trees are supplied by Alba Trees PLC who specialise in the production of native trees of local provenance from seed collected throughout the UK. The trees are subject to annual checks for all diseases by the Scottish Government’s plant health officers and are regularly checked by the Woodland Trust. Alba also provides a consultancy service to other nurseries. In Northern Ireland, trees are supplied by TCV and subject to regular checks by the Trust.

Terms & Conditions

1. Any individual applicant must be at least 18 years old and a UK resident with a UK address.

2. School and community tree pack offers are only available for use on land owned/leased/managed by schools, community groups* and local authorities. Individual private applications are possible if the private landowner can demonstrate that the land is used regularly by schools or local community groups. The tree packs must not be redistributed to individuals or other organisations to plant on private properties (although note that trees may be available for ’small urban spaces’ to allow individuals to plant trees in front gardens bordering a street where there are no community spaces in that area).

* A community group is an organised, voluntary gathering of people united by a common interest, locality, or goal, aiming to address specific needs for public benefit. These independent, usually not-for-profit groups are often run by volunteers to support their local area, such as organising events, enhancing local facilities, or providing social support services. 

3. Applicants must have gained written permission to use the Project Site for tree planting from the legal landowner. The Woodland Trust reserves the right to view such written permission on request and to refuse any application where there is no evidence of such consent.

4. Woodland Trust Obligations

4.1 The Trust will review the Applicant’s application and may discuss with the Applicant the appropriateness of the land chosen to plant the trees on (the ’Project Site’).

4.2 Your application is to be regarded as a contractual offer.

4.3 The Trust reserves the right to reject an application at its sole discretion. We do have a maximum number of trees available per year under this scheme and once all are allocated, the scheme will close to new applications for that year. If successful, the Trust will arrange for the delivery of the trees to your nominated address as specified in your application. All tree packs are subject to availability and the Woodland Trust has the right to decline, or reduce the batch size of the trees requested, at its sole discretion.

4.4 The Trust shall use its best endeavours to provide trees of good stock and to supply the tree types requested by the applicant but reserves the right to change the tree type at its sole discretion without notice.

5. The Woodland Trust will not be held responsible for lost or missing tree packs.

6. Applicant`s Obligations

6.1 The Applicant warrants that they are the owner of the Project Site or they have the written permission of the Project Site owner to plant the trees on that land.

6.2 The Applicant shall comply with these Terms and Conditions at all times.

6.3 Where the Applicant is the owner of the Project Site:

6.3.1 The Applicant will use their best endeavours to ensure that by the end of the period of ten years from the initial planting of the trees (the ‘Establishment Phase’), at least 70% of the trees planted are successfully established. Successfully established means that the trees must be healthy and in a condition capable of continued growth given no further weeding but subject to normal ongoing maintenance operations such as thinning and pruning.

6.3.2 Where the Applicant subsequently sells, leases or parts with possession of the Project Site in any manner whatsoever during the Establishment Phase, they shall, prior to the completion of any such disposition, enter into an agreement with the new owner/occupier imposing on the new owner/occupier the same obligations as those under these Terms and Conditions and inform the Woodland Trust of such planned transaction.

6.3.3 The Applicant should not carry out, or allow to be carried out, any activities on the Project Site which could result in loss or damage to the new trees without the express written permission of the Woodland Trust.

6.3.4 The Applicant will immediately inform the Trust of any notices served on the Applicant or any other matters of which they become aware, which may impact upon the trees planted on the Project Site.

7. Planning and Legislation

7.1 The Applicant shall be responsible at their own expense for obtaining any and all planning and other statutory consents required for the planting of trees on the Project Site and for observing any conditions or restrictions arising therefrom.

7.2 The Applicant shall notify the Trust immediately if he/she becomes aware of any reason that may prevent or affect the planting on the Project Site, including (but not limited to) the following: archaeology of the site, ridge and furrow, wayleaves, major river, minor river, drains, services, veteran trees, ancient trees, habitats, planning permission, basic farm payments, stewardship, line of sight, blocking views.

7.3 We are unable to supply trees in order for an Applicant to fulfil or comply with a condition of a current planning permission e.g. where an Applicant must plant a number of trees as part of a local authority planning consent.

8. By submitting an application for a tree pack, applicants agree to take part in the Woodland Trust programme for monitoring the growth and condition of the trees. This may include occasional pre-arranged site visits by a Woodland Trust representative to examine the trees and to request the completion of relevant questionnaires. The Trust or its contractors would always give no fewer than seven (7) days’ notice to the Applicant for a visit to the Project Site, save in the case of emergency.

9. The Woodland Trust may contact you throughout various stages of the application, delivery and ongoing aftercare processes for testimonials, feedback and/or photos. By successfully applying for tree packs you impliedly consent to the use of such testimonials, feedback and/or photos for publicity purposes including, but not limited to: social media; Trust website; printed publications and Trust magazines. Please note that no testimonial, feedback and/or photograph would be used without your additional express consent in the event that it contains identifiable information.

10. Applicants and scheme participants are prohibited from selling on, or giving away, tree packs, trees, or associated material both directly and indirectly to any individual (including members of the organisation applying) or outside organisation without the express written permission of the Woodland Trust. The trees must only be used on land owned/leased/managed by schools, community groups* and local authorities. In the event that Applicants find that they cannot use the trees, or have surplus trees, we advise, in the first instance that Applicants contact local schools or their local council which may be able to collect and use the trees. Alternatively, please contact the Woodland Trust to discuss alternative planting arrangements.

11. All information provided by Applicants within the application must be truthful and accurate. The Woodland Trust may carry out due diligence checks (including contacting the organisation/school/community group directly) to ensure that the information provided is correct and that the intended purpose for the tree application matches our guidance for the Free Trees application. Should the Woodland Trust discover that information provided in an application is inaccurate, it reserves the right to cancel the application and recover any trees donated.

12. Data Protection

12.1 The Woodland Trust will collect and process the names and contact details of all Applicants (your ’Personal Data’) in relation to your application and as part of the Free Trees for Schools and Communities scheme. The Woodland Trust will use this Personal Data for the following purposes:

12.1.1 managing the relationship between the Applicants and the Woodland Trust in relation to the Free Trees application;

12.1.2 communicating with Applicants about all information regarding the application;

12.1.3 communicating with Applicants to answer their queries;

12.1.4 communicating with Applicants and arranging delivery of their trees; and

12.1.5 marketing and publicity to provide information about our work, activities, campaigns, goods, services or promotions that The Trust offers (where you have opted in for this – see below).

12.2 Your data may be shared internally within the Woodland Trust and may also be shared externally with Woodland Trust Free Trees for Schools and Communities scheme partners, suppliers and corporate sponsors who have a legitimate interest (e.g. to enable scheme funders to understand what their funding has enabled and the projects completed with it) and to couriers and tree suppliers to arrange delivery of your trees. By applying for the Free Trees packs, you impliedly consent to our sharing your data in this way. However, should you prefer your data not to be shared, please contact us direct.

12.3 Your privacy is our priority. Our Data Privacy Policy explains how we use and store your Personal Data. This policy also outlines your individual rights in relation to the storage and use of your data. By making their order, The Applicant acknowledges and agrees that they have read and accepted the terms of the promoter’s Data Privacy Policy and these Terms and Conditions.

13. Publicity

13.1 The Woodland Trust may use for its own promotional purposes on internet, newsprint and or other forms of media, information on the Project Site including numbers of trees planted, the geographical location of the site, and photographs taken by the Trust and the Applicant (the latter subject to Applicant’s prior written consent).

13.2 The Trust may use information on the Project Site, including numbers of trees planted, the geographical location of the site including photographs taken by the Trust and the Applicant, for sharing with members and supporters of the Trust including the funders of the Free Trees scheme.

13.3 The Trust will not disclose the identity of the Applicant without express and prior written consent of the Applicant.

14. Termination

If in the reasonable opinion of the Trust the Applicant has not fulfilled any or all of their obligations arising from their participation in the Free Trees scheme, or by the Applicant’s own act or omission allowed the trees on the Project Site to be lost or damaged, the Trust shall be entitled to terminate the Applicant’s participation in the scheme immediately.

15. General

15.1 Generally, the Woodland Trust will limit communication to email and phone when contacting you regarding the Free Trees for Schools and Communities scheme, however, we may use other means of communication, if necessary, such as SMS or post. You can change the way you hear from us at any time, just email supporters@woodlandtrust.org.uk, call 0330 333 3300 or visit woodlandtrust.org.uk/your-preferences

15.2 The Applicant may not assign any of its rights under these Terms and Conditions.

15.3 Any notice required to be given under these Terms and Conditions shall be in writing and delivered to:

15.3.1 if to the Applicant: to the address provided in the application or another address subsequently notified by the Applicant to the Trust;

15.3.2 if to the Trust: Head of Legal Services, Woodland Trust, Kempton Way, Grantham, Lincolnshire, NG31 6LL.

15.4 Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the Trust and the Applicant, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.

15.5 A person who is not a party to these Terms and Conditions shall not have any rights under or in connection with these Terms and Conditions and any rights otherwise afforded by the Contracts (Rights of Third Parties) Act 1999 are expressly excluded.

16. Jurisdiction

16.1 These Terms and Conditions and all matters arising out of it shall be governed by, and construed in accordance with, the laws of England and Wales.

16.2 If any disputes arise out of, under, or in connection with these terms and conditions, the Parties agree that such disputes shall be dealt with exclusively by the English and Welsh courts.

17. Guidance notes for a smooth tree delivery

17.1 The Woodland Trust will:

• arrange for the trees to be delivered to an address of your choice through its tree suppliers.
• notify you, as soon as practical, if for any reason it will not be able to deliver on the agreed date.

17.2 You will need to:

• supply a full postal address, including a postcode, and access for vans carrying the trees onto an area of hard standing at an occupied building. 
• be available on site to receive and sign for the delivery or agree alternative arrangements with us in advance if you are unavailable to await delivery on the agreed date.
• check the delivery on arrival and notify us within two working days if it does not contain all of the trees ordered or any other issues.
• plant your trees as soon as possible. Your trees can be stored in their packaging in a cool, frost-free location (such as a shed or garage) but should be planted out within one week of delivery.
• notify us within two weeks of the agreed delivery date if your order does not arrive.

If you do not notify the Woodland Trust of any issues with your delivery in good time, you may be liable for the cost of any aborted delivery.