2022 - 2023 SNOW CONTRACT TERMS
This Agreement is made and 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 1st, (2022) – March 31st, (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 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.
Salting Services: Salting is available upon request and for an additional charge. In rare circumstances, Contractor may deem it necessary to mandate salting services at the expense of the Client.
Staking of Property: Client is responsible for providing and placing Snow Stakes for the driveway, walkways, unless this service is contracted by the Contractor.
Electrical boxes, poles, water mains, etc., are to be staked out with a different colored marker than the driveway and walkways, and are always the responsibility of the client, even if driveway staking was contracted by Contractor.
It is not acceptable to stake a driveway with wooden dowels, metal poles, decorative poles, etc. ONLY flexible fiberglass snow stakes are acceptable means of staking the property.
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. Payment in full will be required to reinstate service.
Client is responsible for and will not hold Contractor liable for services performed by others. 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.
Service Round 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.
Limitations of Liability: 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. 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. Contractor will exercise reasonable care to avoid damages to pavement, curbs, trees, shrubs, fire hydrants, and watering systems. However, Contractor is not responsible for:
1) Damage to items that are snow-covered and/or not visible.
2) Items left on driveways/walkways/steps, as these areas are to be completely clear.
3) Damage to horizontal downspouts, planters, basketball hoops, etc., as these items are to be removed for the winter.
4) Damage to other items that the Contractor requested to be removed, but not completed by the Client.
5) Damage to turf/landscaping/irrigation components caused by the piling/plowing of snow.
6) ANY Personal injuries or death resulting from slip and fall or any other accidents.
7) Snow remaining due to parked cars.
8) 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.
9) Ice accumulation on driveway, steps and walkways caused by drainage.
10) Snow removal from driveway, steps and walkways caused by clearing of roofs.
11) Scraping or Stains left from shoveling/removing snow from pavement.
12) Chipping due to uneven concrete, lips, edges, etc.
13) 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.
14) Any and all services not specified and agreed upon in this contract.
Property Damage: Client will report, in writing, any property damage caused by the Contractor within 72 hours. Contractor will repair any timely and properly 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 slipping/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.
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.
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 according to State Law in full force during the term of this Agreement a policy or policies of general liability insurance, business automobile insurance, and workers’ compensation coverage. The Contractor shall require indemnification and insurance coverage as it deems appropriate from its subcontractors providing services authorized by this Agreement. Per request, the Contractor will furnish the Client with a certificate of such insurance coverage. The Contractor does not represent in any way that the insurance specified below, whether in scope of coverage or limits, is adequate or sufficient to protect the Client or the Contractor’s interests. Prior to and at all times while providing services under this agreement, Contractor shall maintain NOT LESS THAN the following insurance coverage types and limits:
1) Commercial General Liability. Commercial General Liability coverage on an occurrence form with limits of not less than: $1,000,000 each occurrence. If the Commercial General Liability coverage contains a general aggregate limit, the limit shall be not less than $2,000,000.
2) Business Automobile Liability. Business Automobile Liability coverage with limits of not less than: $200,000 each occurrence. The Business Automobile Liability coverage shall cover, without limitation, physical damage (comprehensive and collision), liability, personal injury protection (PIP), uninsured motorist (UM) and underinsured motorist (UIM). Such insurance shall cover liability that may arise out of the operation or maintenance of any vehicle whether owned, non-owned, or rented.
3) Workers Compensation. Statutory workers’ compensation coverage according to the laws of the state of Minnesota.
4) Employer’s Liability. Employer’s Liability coverage with limits of not less than: $100,000 each accident for bodily injury by accident, $100,000 per employee for bodily injury by disease, and $500,000 policy limit for bodily injury by disease.
Electronic Signature: Client agrees that e-mail correspondence, scanned document, and the like shall be considered valid electronic signatures pertaining to the contract execution, work authorizations, or the like.
Fuel Surcharges: None
Amendments: This service agreement shall replace any existing agreements between Contractor and Client pertaining to any services within the scope(s) of work included.
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.
Miscellaneous: WM L&S 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.
Contract Period: November 1st, (2022) – March 31st, (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 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.
Salting Services: Salting is available upon request and for an additional charge. In rare circumstances, Contractor may deem it necessary to mandate salting services at the expense of the Client.
Staking of Property: Client is responsible for providing and placing Snow Stakes for the driveway, walkways, unless this service is contracted by the Contractor.
Electrical boxes, poles, water mains, etc., are to be staked out with a different colored marker than the driveway and walkways, and are always the responsibility of the client, even if driveway staking was contracted by Contractor.
It is not acceptable to stake a driveway with wooden dowels, metal poles, decorative poles, etc. ONLY flexible fiberglass snow stakes are acceptable means of staking the property.
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. Payment in full will be required to reinstate service.
Client is responsible for and will not hold Contractor liable for services performed by others. 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.
Service Round 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.
Limitations of Liability: 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. 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. Contractor will exercise reasonable care to avoid damages to pavement, curbs, trees, shrubs, fire hydrants, and watering systems. However, Contractor is not responsible for:
1) Damage to items that are snow-covered and/or not visible.
2) Items left on driveways/walkways/steps, as these areas are to be completely clear.
3) Damage to horizontal downspouts, planters, basketball hoops, etc., as these items are to be removed for the winter.
4) Damage to other items that the Contractor requested to be removed, but not completed by the Client.
5) Damage to turf/landscaping/irrigation components caused by the piling/plowing of snow.
6) ANY Personal injuries or death resulting from slip and fall or any other accidents.
7) Snow remaining due to parked cars.
8) 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.
9) Ice accumulation on driveway, steps and walkways caused by drainage.
10) Snow removal from driveway, steps and walkways caused by clearing of roofs.
11) Scraping or Stains left from shoveling/removing snow from pavement.
12) Chipping due to uneven concrete, lips, edges, etc.
13) 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.
14) Any and all services not specified and agreed upon in this contract.
Property Damage: Client will report, in writing, any property damage caused by the Contractor within 72 hours. Contractor will repair any timely and properly 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 slipping/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.
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.
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 according to State Law in full force during the term of this Agreement a policy or policies of general liability insurance, business automobile insurance, and workers’ compensation coverage. The Contractor shall require indemnification and insurance coverage as it deems appropriate from its subcontractors providing services authorized by this Agreement. Per request, the Contractor will furnish the Client with a certificate of such insurance coverage. The Contractor does not represent in any way that the insurance specified below, whether in scope of coverage or limits, is adequate or sufficient to protect the Client or the Contractor’s interests. Prior to and at all times while providing services under this agreement, Contractor shall maintain NOT LESS THAN the following insurance coverage types and limits:
1) Commercial General Liability. Commercial General Liability coverage on an occurrence form with limits of not less than: $1,000,000 each occurrence. If the Commercial General Liability coverage contains a general aggregate limit, the limit shall be not less than $2,000,000.
2) Business Automobile Liability. Business Automobile Liability coverage with limits of not less than: $200,000 each occurrence. The Business Automobile Liability coverage shall cover, without limitation, physical damage (comprehensive and collision), liability, personal injury protection (PIP), uninsured motorist (UM) and underinsured motorist (UIM). Such insurance shall cover liability that may arise out of the operation or maintenance of any vehicle whether owned, non-owned, or rented.
3) Workers Compensation. Statutory workers’ compensation coverage according to the laws of the state of Minnesota.
4) Employer’s Liability. Employer’s Liability coverage with limits of not less than: $100,000 each accident for bodily injury by accident, $100,000 per employee for bodily injury by disease, and $500,000 policy limit for bodily injury by disease.
Electronic Signature: Client agrees that e-mail correspondence, scanned document, and the like shall be considered valid electronic signatures pertaining to the contract execution, work authorizations, or the like.
Fuel Surcharges: None
Amendments: This service agreement shall replace any existing agreements between Contractor and Client pertaining to any services within the scope(s) of work included.
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.
Miscellaneous: WM L&S 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.
