2022 - 2023 SNOW CONTRACT TERMS
This agreement is entered into by and between you (referred to as Client), and West Metro Lawn Care & Snow Removal, LLC (referred to as Contractor) for snow removal services at your property (referred to as Property).
Contract Period: November 1, 2022 – March 31, 2023
Snow services preformed outside of the contract period or scope are still governed by this contract.
Snowfall Trigger: 2”
Contractor shall perform the services listed above for the Client only if the snowfall trigger is met. Snowfall trigger is defined as the amount of new snow accumulation within a single snowfall. If the new snowfall accumulation does not meet or exceed the trigger depth services will not commence. Snowfall is measured per event by the contractor at various sites throughout the service area, at pavement, not to include drifts. A specific measurement of each residential property is not completed, nor realistic. Multiple snowfall events that produce accumulations less than the trigger may not be combined to qualify for a triggered service. Client is required to maintain property between snowfalls of 2”.
Snow Removal Services
Contractor waits until snowfall has concluded, or until there is 6” of accumulation to start service. Contractor will attempt to do rounds of service every 6” until it has stopped snowing. Client understands that depending on the length and severity of the storm it may take the Contractor varying amounts of time to complete service. We guarantee driveway service within 16 hours. However, routes are typically completed within 6-8 hours after the completion of the storm. Contractor is not responsible for drifting that may take place after service has occurred. Contractor is not responsible for snow left behind by city plows. If the city plow deposits undesirable snow, we can return after service routes to remove this snow for an additional $30 per event (not a normal occurrence). Callbacks to remove snow resulting from vehicles parked in the driveway will be billed at a minimum rate of $30 per occurrence.
Service Visit Cap
The Seasonal Rate is valid up to 17 service visits. Any work beyond 17 service visits is considered an extreme snow season and thereafter Client will be billed as follows: Driveway Only: $55.00
Note: In the 11 years we have serviced your residential area, we have yet to provide more than 17 service rounds in a single season.
Signage
Contractor reserves the right to place signage (in the form of a 15*20” or 4'*4" lawn sign) on the property for the entire season of snow removal. This sign helps our driver’s locate your property during times of snowfall and as they learn their routes.
Staking of Property
Unless Snow Staking has been signed up for with the Contractor, the Client is responsible for providing and placing Snow Stakes for the entire serviceable area.
Electrical boxes, poles, water mains, etc., are to be staked out by the client, even if driveway staking was contracted by Contractor. ONLY flexible fiberglass snow stakes are acceptable means of staking the property.
Salting Services
In rare circumstances, Contractor may deem it necessary to mandate salting services at the expense of the Client.
Invoicing & Payment
1) WML&S will require all residential clientele to place a card on-file prior to the scheduling of services.
2) Seasonal Contract Invoicing: Your on file credit card will be auto-charged and paid invoice will be emailed to you at the start of your contract.
3) Outside of Contract Invoicing: Your on file credit card will be auto-charged, and a paid invoice will be emailed, following the service visit.
4) Due Date: stated above
5) Past Due Accounts: Contractor reserves the right to suspend service until full payment has been received.
6) Client is responsible for and will not hold Contractor liable for services performed by others.
7)Returned/Bounced checks will be assessed a $100 service fee, and charged to client along with any banking fines/fees dealt to Contractor due to bounced checks. Overdue bills may be turned over to a collection agency or subject to court. In the event of client default or legal action being taken to collect monies owed, the Client agrees to reimburse the Contractor of any and all administrative costs, costs and expenses of suit or bringing suit, collection costs, attorney fees, recording feed and/or court fees.
Limitations of Liability
Contractor will exercise reasonable care to avoid damages to pavement, curbs, trees, shrubs, fire hydrants, and watering systems. Prior to a snow event, all vehicles are to be cleared from driveways. Contractor will attempt to not plow within 3’ of any parked cars.
However, Contractor is not responsible for:
1) Damage to items that are snow-covered and/or not visible.
2) Damage to irrigation heads: Owner is required to check that all sprinkler heads are properly seated into the ground before the winter season. If sprinkler heads are properly seated, sprinkler damage will not likely occur.
3) Items left on driveways/walkways/steps, as these areas are to be completely clear.
4) Damage to horizontal downspouts, planters, basketball hoops, etc., as these items are to be removed for the winter.
5) Damage to other items that the Contractor requested to be removed, but not completed by the Client.
6) Damage to turf/landscaping/irrigation components caused by the piling/plowing of snow.
7) ANY Personal injuries or death resulting from slip and fall or any other accidents.
8) Snow remaining due to parked cars.
9) Vehicles parked in areas that could cause hazard or impede the performance of the snow removal work, even if Client has informed Contractor of vehicle placement.
10) Ice accumulation on driveway, steps and walkways caused by drainage.
11) Snow removal from driveway, steps and walkways caused by clearing of roofs.
12) Scraping or Stains left from shoveling/removing snow from pavement.
13) Chipping due to uneven concrete, lips, edges, etc.
14) Contractor will not drive through low hanging branches. If an object overhangs the driveway, so that it touches equipment, that portion of the driveway will not be serviced until the problem has been resolved.
Property Damage
Client will report, in writing, any property damage caused by the Contractor within 96 hours. Contractor will repair any timely reported property damage. Contractor will not be responsible for any damages caused to property by ice/snow build-up that remains on the property. This includes, but is not limited to, plow trucks/tractors slipping and sliding on ice. In such an event, the Client is not responsible for damages caused to the Contractors property (trucks, plows, blowers, etc.). Notwithstanding anything herein to the contrary, the Contractor will have no obligations, and the Client waives any damages for any property damage not timely and properly reported.
Blizzard Clause
The Contractor reserves the right to limit response in severe cold, poor visibility, or times when local government plows are taken off the roads.
Hazard
Client understands that snow removal may not clear the Property to bare pavement and that slippery conditions may be present, even after services have occurred. If Client or Contractor deem any area to be particularly hazardous, Client is to apply salt. Contractor is not responsible for any death, injury, loss or damage of or to persons or property by reason of non-performance of our obligations in our agreement. The Client agrees and understands that the Contractor reserves the right to stop working in these severe conditions (without penalty), so as not to force unsafe conditions upon the Contractor. Client also agrees to waive any right of subrogation against West Metro Lawn Care & Snow Removal, LLC by reason of same.
Licensure
Contractor represents that it, and its agents, shall maintain proper licensure for services provided.
Insurance
The Contractor shall maintain General Liability Insurance and workers’ compensation coverage.
Force Majeure
Contractor shall not be held liable for delays, damages, personal injuries, or other claims that are the result of events and/or circumstances beyond its reasonable control including, but not limited to, weather, war, acts of terrorism, vandalism, strikes, material shortages, or acts of persons other than Contractor’s personnel or agents.
Termination
This agreement is cancelable with a 30-day written notice. Contractor reserves the right to cancel contract for any reason, with a 15-day notice. This will result in a pro-rated refund.
Acceptance of Terms
Client agrees that payment, moving forward with snow removal service and/or e-mail correspondence are be considered valid and legal acceptance of terms pertaining to the contract execution.
Contract Period: November 1, 2022 – March 31, 2023
Snow services preformed outside of the contract period or scope are still governed by this contract.
Snowfall Trigger: 2”
Contractor shall perform the services listed above for the Client only if the snowfall trigger is met. Snowfall trigger is defined as the amount of new snow accumulation within a single snowfall. If the new snowfall accumulation does not meet or exceed the trigger depth services will not commence. Snowfall is measured per event by the contractor at various sites throughout the service area, at pavement, not to include drifts. A specific measurement of each residential property is not completed, nor realistic. Multiple snowfall events that produce accumulations less than the trigger may not be combined to qualify for a triggered service. Client is required to maintain property between snowfalls of 2”.
Snow Removal Services
Contractor waits until snowfall has concluded, or until there is 6” of accumulation to start service. Contractor will attempt to do rounds of service every 6” until it has stopped snowing. Client understands that depending on the length and severity of the storm it may take the Contractor varying amounts of time to complete service. We guarantee driveway service within 16 hours. However, routes are typically completed within 6-8 hours after the completion of the storm. Contractor is not responsible for drifting that may take place after service has occurred. Contractor is not responsible for snow left behind by city plows. If the city plow deposits undesirable snow, we can return after service routes to remove this snow for an additional $30 per event (not a normal occurrence). Callbacks to remove snow resulting from vehicles parked in the driveway will be billed at a minimum rate of $30 per occurrence.
Service Visit Cap
The Seasonal Rate is valid up to 17 service visits. Any work beyond 17 service visits is considered an extreme snow season and thereafter Client will be billed as follows: Driveway Only: $55.00
Note: In the 11 years we have serviced your residential area, we have yet to provide more than 17 service rounds in a single season.
Signage
Contractor reserves the right to place signage (in the form of a 15*20” or 4'*4" lawn sign) on the property for the entire season of snow removal. This sign helps our driver’s locate your property during times of snowfall and as they learn their routes.
Staking of Property
Unless Snow Staking has been signed up for with the Contractor, the Client is responsible for providing and placing Snow Stakes for the entire serviceable area.
Electrical boxes, poles, water mains, etc., are to be staked out by the client, even if driveway staking was contracted by Contractor. ONLY flexible fiberglass snow stakes are acceptable means of staking the property.
Salting Services
In rare circumstances, Contractor may deem it necessary to mandate salting services at the expense of the Client.
Invoicing & Payment
1) WML&S will require all residential clientele to place a card on-file prior to the scheduling of services.
2) Seasonal Contract Invoicing: Your on file credit card will be auto-charged and paid invoice will be emailed to you at the start of your contract.
3) Outside of Contract Invoicing: Your on file credit card will be auto-charged, and a paid invoice will be emailed, following the service visit.
4) Due Date: stated above
5) Past Due Accounts: Contractor reserves the right to suspend service until full payment has been received.
6) Client is responsible for and will not hold Contractor liable for services performed by others.
7)Returned/Bounced checks will be assessed a $100 service fee, and charged to client along with any banking fines/fees dealt to Contractor due to bounced checks. Overdue bills may be turned over to a collection agency or subject to court. In the event of client default or legal action being taken to collect monies owed, the Client agrees to reimburse the Contractor of any and all administrative costs, costs and expenses of suit or bringing suit, collection costs, attorney fees, recording feed and/or court fees.
Limitations of Liability
Contractor will exercise reasonable care to avoid damages to pavement, curbs, trees, shrubs, fire hydrants, and watering systems. Prior to a snow event, all vehicles are to be cleared from driveways. Contractor will attempt to not plow within 3’ of any parked cars.
However, Contractor is not responsible for:
1) Damage to items that are snow-covered and/or not visible.
2) Damage to irrigation heads: Owner is required to check that all sprinkler heads are properly seated into the ground before the winter season. If sprinkler heads are properly seated, sprinkler damage will not likely occur.
3) Items left on driveways/walkways/steps, as these areas are to be completely clear.
4) Damage to horizontal downspouts, planters, basketball hoops, etc., as these items are to be removed for the winter.
5) Damage to other items that the Contractor requested to be removed, but not completed by the Client.
6) Damage to turf/landscaping/irrigation components caused by the piling/plowing of snow.
7) ANY Personal injuries or death resulting from slip and fall or any other accidents.
8) Snow remaining due to parked cars.
9) Vehicles parked in areas that could cause hazard or impede the performance of the snow removal work, even if Client has informed Contractor of vehicle placement.
10) Ice accumulation on driveway, steps and walkways caused by drainage.
11) Snow removal from driveway, steps and walkways caused by clearing of roofs.
12) Scraping or Stains left from shoveling/removing snow from pavement.
13) Chipping due to uneven concrete, lips, edges, etc.
14) Contractor will not drive through low hanging branches. If an object overhangs the driveway, so that it touches equipment, that portion of the driveway will not be serviced until the problem has been resolved.
Property Damage
Client will report, in writing, any property damage caused by the Contractor within 96 hours. Contractor will repair any timely reported property damage. Contractor will not be responsible for any damages caused to property by ice/snow build-up that remains on the property. This includes, but is not limited to, plow trucks/tractors slipping and sliding on ice. In such an event, the Client is not responsible for damages caused to the Contractors property (trucks, plows, blowers, etc.). Notwithstanding anything herein to the contrary, the Contractor will have no obligations, and the Client waives any damages for any property damage not timely and properly reported.
Blizzard Clause
The Contractor reserves the right to limit response in severe cold, poor visibility, or times when local government plows are taken off the roads.
Hazard
Client understands that snow removal may not clear the Property to bare pavement and that slippery conditions may be present, even after services have occurred. If Client or Contractor deem any area to be particularly hazardous, Client is to apply salt. Contractor is not responsible for any death, injury, loss or damage of or to persons or property by reason of non-performance of our obligations in our agreement. The Client agrees and understands that the Contractor reserves the right to stop working in these severe conditions (without penalty), so as not to force unsafe conditions upon the Contractor. Client also agrees to waive any right of subrogation against West Metro Lawn Care & Snow Removal, LLC by reason of same.
Licensure
Contractor represents that it, and its agents, shall maintain proper licensure for services provided.
Insurance
The Contractor shall maintain General Liability Insurance and workers’ compensation coverage.
Force Majeure
Contractor shall not be held liable for delays, damages, personal injuries, or other claims that are the result of events and/or circumstances beyond its reasonable control including, but not limited to, weather, war, acts of terrorism, vandalism, strikes, material shortages, or acts of persons other than Contractor’s personnel or agents.
Termination
This agreement is cancelable with a 30-day written notice. Contractor reserves the right to cancel contract for any reason, with a 15-day notice. This will result in a pro-rated refund.
Acceptance of Terms
Client agrees that payment, moving forward with snow removal service and/or e-mail correspondence are be considered valid and legal acceptance of terms pertaining to the contract execution.
