Snow Removal & Winter Services Agreement

The owner of the property is presumed to know the property boundaries. The owner will clearly stake or instruct contractor to stake the areas to be plowed. In the event the areas staked are erroneous, the owner agrees to defend, indemnify and hold harmless the contractor for any and all claims and/or damages (including attorneys’ fees and costs) that may result from the owner’s failure to properly stake the property.

The owner agrees to pay the Contractor’s attorney fees in defense of the trespass claim.

Reports of damages to real or personal property must be reported to the contractor within twenty-four (24) hours. Failure to report the damages constitutes a waiver and the contractor is released from liability and the Customer will defend, indemnify, and hold the Contractor harmless from any liability (including attorneys’ fees and costs).

Unpaid balances will be assessed a late charge at the rate of one and one-half (1 1/2) percent per month on the unpaid balance. This contract may be canceled by the customer by giving the Contractor thirty (30) days advance written notice to the other party. Delinquent payments will be due forthwith.

This written agreement contains all conditions and describes all work to be done. This agreement supersedes all previous agreements and any verbal commitments made regarding the provision of snow services prior to the date of this agreement.

“Per Plow” rate for snow accumulations up to 5” (approx.) Accumulations greater than 5” may result in additional charges to compensate for the additional time required to adequately clear snow from the lot. The customer understands that snow plower may have to
go through the lots once to clear heavy snow, and then a re-plow lot to clear the remaining snow. The customer understands that this may result in additional charges for that particular snowfall.
Unless specifically stated, sidewalk removal is not part of quoted rates. Quoted rates do not include front end loader services.
The contractor will exercise its best judgment of when to plow based upon weather forecasts and existing conditions at the time. The customer is aware that weather conditions in the area may change rapidly and without notice. Changes in weather conditions are considered to be an “Act of God” and the contractor assumes no liability for “Acts of God”.
The customer agrees to allow the contractor to decide if snow plowing is warranted based upon snow accumulations at the Customer’s particular location. Customer understands that snow accumulations may vary throughout the area and that accumulations in one location are not necessarily indicative of the accumulation at the customer’s particular location. Customer also understands that drifting snow may necessitate plowing of their particular location, regardless of the total snowfall at that location.
Accounts that are past due will not be plowed until the account is brought current. All claims, disputes, and other matters in question between Contractor and Owner arising out of, or relating to, this Contract shall be decided by an action filed exclusively in the Superior Court of Whatcom County, Washington regardless of where the Work was performed. The substantially prevailing party in any arbitration or litigation shall be entitled to an award of its attorneys' fees, costs and expert fees incurred. The parties expressly waive any right to a trial by jury. This Contract shall be binding inure to the benefit of the parties and their heirs, executors. administrators and assigns.