Binding Contract
These use terms are a contract between you and us. Agreeing to these terms is a condition of any Snow Removal Service. You signify your agreement to these use terms and will be legally bound by them from the date on which you click accept or agree to these use terms where we present an option to do so, either on the website or otherwise; or use or purchase our service in any way. In which case you understand and agree that your Snow Removal service will signify your acceptance of these use terms from the moment you receive the service.
A snow event is when snow starts to fall and then ends. We will come out within 48 hours of a snow event if over 2″ of snow falls during the event. If the contractor is not able to get to a property within 48 hours they will refund the price if a one time plow is requested. Otherwise a partial refund will be provided if a month or season pass is purchased.
If you purchase our service and have a full or partial gravel/rock filled driveway. The client will be held liable for any damage that might occur to their property or the contractors equipment.
Any obstacles or foreign objects ( Rocks, newspapers, power cords, etc) that are damaged or thrown onto the property by the contractor is the responsibility of the client with the exception being the garage door. The contractor is not responsible for removing these objects from the clients property and is not liable for any damage they may cause to the clients property or the contractors equipment. Sole liability shall fall on the client as it is their responsibility to remove all obstacles from their property where service is being provided.
Under this contract the contractor is required to attempt to maintain a safe distance from the known obstacles on the driveway. Any obstacle ( car, garbage bin, toys, cords, etc ) shall be avoided. Any snow unable to be removed due to staying a safe distance from obstacles is the responsibility of the client as it is their responsibility to remove them from the driveway before the contractor arrives. The contractor shall also maintain a safe distance from the garage doors as another obstacle. This will result in a small section of the driveway against the garage doors that will not be cleared. This area is the responsibility of the clients to clear and the contractor shall not be responsible for this area.
Clients are required to maintain their own sidewalks and pathways and keep them free of snow and ice.
The contractor is not responsible for maintaining an ice and slip free surface. The client shall put out ice and or sand as needed to prevent a fall or slip. In the instance of a fall or slip the client shall be held responsible. The contractor cannot be held liable for any slip or fall on any part of the clients property including the driveway.
The client is responsible for alerting the contractor if snow starts piling up beyond 2 inches on the driveway and shall notify the contractor immediately. If the snow causes damage in any way and the client did not notify the contractor the contractor cannot be held liable for that or any other damage caused by that snow/ice.
INDEMNITY
Client agrees to indemnify, defend and hold harmless Contractor, and its officers, employees, directors,
representatives and agents (each, an “Indemnified Party”), from and against any and all claims, losses,
settlements, fines, liabilities, damages, deficiencies, costs or expenses (including interest, penalties and
attorneys’ fees and disbursements) (“Damages”) suffered, sustained, incurred or required to be paid by any
such Indemnified Party due to, based upon, arising out of, in connection with, or otherwise in respect of: (i) the
performance of the Services contemplated hereby or otherwise as a result of any acts or omissions by Client, its
employees, agents, representatives and clients, (ii) failure by Client to perform its obligations under this
Agreement, or (iii) enforcement of this paragraph. This paragraph shall survive the termination of this
Agreement.
DRIVEWAYS, WALKS, AND OTHER PAVED SURFACES
Prior to the commencement of snow removal operations, Contractor shall inspect
the site and document existing conditions. Contractor will not be responsible for any damage to driveways,
expansion joints, walks, and other paved surfaces resulting from treatments with calcium chloride (or equivalent)
or salt/sand materials. Contractor is not responsible for cosmetic scrapes on driveways, parking surfaces, or
sidewalks, or damage to concrete or paved surfaces at or near expansion joints. Client acknowledges that
concrete will crack under the ordinary stress of freezing and thawing, and cracked concrete will not be the
responsibility of Contractor during driveway, parking surface, or sidewalk snow removal or de-icing treatments.
Contractor will not be responsible for damage to objects (e.g., planters, statues, etc.) left in snow plow areas.
Damage to garage doors caused by snow plows shall be the responsibility of Contractor; Contractor
shall not be responsible for damage to turf or plant materials caused by snow melting or de-icing materials.
