Snow Removal Agreement

SAMPLE “SNOW PLOW AGREEMENTS” FOR USE IN YOUR CONTRACTS WITH CUSTOMERS

The following are two “Snow Removal” Agreements. The First Snow Removal Agreement (labeled #1) is the preferred agreement. This snow removal agreement is an indemnity clause which you should incorporate into your contracts with your clients. The next letter- labeled #1A is an explanation of this agreement, which you can give to your client, to explain the indemnity agreement.

The second Snow Removal Agreement (labeled Item #2) is another agreement (while not preferred as it does not contain an indemnity agreement) can also be used.

Disclaimer: Please note these are NOT legal documents. These documents are not intended to be taken as legal advice. Please consult with legal counsel before incorporating into your contracts.

(Item #1: Sample Snow Removal Agreement that contains indemnity clauses)

INDEMNITY: To the fullest extent permitted by law [YOUR NAME], it’s subcontractors, whether employed directly or indirectly, shall defend, indemnify and hold harmless [CLIENT], It’s owners, their agents, consultants, and employees, from all claims arising out of [YOUR NAME] negligent acts or omissions for bodily injury and property damage which occur while [YOUR NAME] is physically on [CLIENT] premises during work performance.

INDEMNITY: To the fullest extent permitted by law, [CLIENT] shall defend, indemnify and hold harmless [YOUR NAME], it’s owners, agents, consultants, employees, and subcontractors, from all claims for bodily injury and property damage that may arise from [CLIENT] premises including any acts or omissions by [CLIENT] or [CLIENT]’s subcontractors whether employed directly or indirectly, which occur while [YOUR NAME] is not physically on premises.

Accepted on behalf of [CLIENT]

[Client's Name] [Title]

[CLIENT Signature] [Dated]

Sincerely,

[YOUR NAME COMPANY]

[PERSON SIGNING NAME] [Dated]

** Disclaimer: This is NOT a legal document. This document is not intended to be taken as legal advice. Please consult with legal counsel. **

(Item #1A –Sample Explanation of the above Snow Removal Agreement)

Please note that we have included 2 indemnity clauses to the contract, which serve to clarify our responsibilities.

(YOUR COMPANY) will be hired and paid per the terms conditions of the contract. It is our position that while we are fulfilling our part of this contract, we will be held accountable for safe work performance and reasonable safe premises conditions within our control.

However, we will not be responsible for any claims, accidents or weather condition changes after we leave your premises. Since the terms of this contract do not compensate us to return to your premises to guaranty continued safe conditions after we complete our work, except as specifically compensated for in the contract, we will only be held accountable for safe conditions while on your premises, performing our contractual work performance. Once each service has been completed and we have left the premises, our responsibility for any claims, accidents or weather conditions, ceases.

Please note that we would also be happy to offer you, upon your request, another proposal, allowing for required compensation to us, that would require us to perform continued snow removal and salt/sanding operations. This form of service agreement could assure that your premises are kept safe in weather related conditions.

(YOUR COMPANY) is fully insured. We maintain Property, General Liability, Business Auto and Workers Compensation Insurance coverage to better protect and serve our valued clients. We will be happy to supply you with proof of it by sending you a certificate of insurance upon your request and acceptance of this proposal.

** Disclaimer: This is NOT a legal document. This document is not intended to be taken as legal advice. Please consult with legal counsel. **

(Item #2- Sample Snow Removal Agreement (does not contain the Indemnity Clauses)

It is understood by and between the parties that the snow removal services described above shall be rendered by [Your Company] and [Client] at the sole discretion of [Client] and/or it’s designated representative and only when expressly requested by [Client] and/or it’s designated representative. It shall be [clients] sole responsibility to determine when the snow removal and or sanding and salting be undertaken by [Your Company]. Any and all claims for Bodily Injuries and/or property damage or any other claims for any kind of damage whatsoever resulting from snow and/or ice removal on the premises which occur prior to your [Your Company] being requested to render it’s services shall be the sole responsibility of [Client]! It shall be [Client’s] sole responsibility to inspect the premises within 1 hour of completion of snow and/or ice removal services, that the work has been completed to ascertain whether the services rendered by [Your Company] are satisfactory and acceptable to [Client]. [Client’s] failure to complete said inspection in a timely manner shall be deemed an acceptance of [Your Company’s] service as satisfactory. If [Client’s] timely inspection reveals an unacceptable condition, [Your Company] shall immediately address the concerns raised by [Client] and rectify same to the satisfaction of [Client]. At such time that [Client] acknowledges to [Your Company’s] services as satisfactory, any and all claims for Bodily Injuries and/or property damage or any other claims for any damages of any kind whatsoever resulting from snow and/or ice on the premises shall be the sole responsibility of [Client].

Please acknowledge below upon accepting the above listed.

Accepted on behalf of [Client]

[Client's Name] [Title]

Sincerely,

[Your Company]

** Disclaimer: This is NOT a legal document. This document is not intended to be taken as legal advice. Please consult with legal counsel. **