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contract wording?

Discussion in 'Business Fundamentals' started by blee1ash, Sep 6, 2011.

  1. blee1ash

    blee1ash Senior Member
    Messages: 107

    I do snow plowing for a few small commercial lots. I do not apply salt, sand or de-icer unless requested by the manager of the property. This is a very common practice in my area, in fact the only lot I can think of that gets salted regularly is the Wal Mart ( I believe it is the smallest Wal Mart in the country). In the past 2 seasons my customers have only requested it once.

    I was just looking for some examples or advice for wording my contracts to eliminate or greatly reduce my possible liability for slips and falls.

    I was thinking of something like this: The customer has chosen to not have de-icing chemicals applied unless requested by them, therefore they assume all responsibility and liability for injury and or damage that may be caused by slippery conditions.

    Do you have any thoughts or suggestions on this?
     
  2. getsum

    getsum Senior Member
    from USA
    Messages: 220

    added a couple things:

    The customer has chosen to not have any form of de-icing chemicals or materials applied unless requested by the customer themselves, therefore the customer assumes all responsibility and liability for any slips, falls, accidents or damage of any kind due to inclement weather or slippery conditions."

    This is a good start in my opinion maby others will chime in
     
    Last edited: Sep 6, 2011
  3. blee1ash

    blee1ash Senior Member
    Messages: 107

    I like that. It sounds much more lawyer-ish than what I had.
    Thank you.
     
  4. Mick76

    Mick76 2000 Club Member
    from Maine
    Messages: 2,157

    Have your lawyer fine tune your contract with your concerns.... it'll be the best $ you could spend... advice on the internet is free so take it for what its worth......
     
  5. Wayne Volz

    Wayne Volz Senior Member
    Messages: 694

    Sign off

    We have our clients sign off separately if they accept or decline snow and ice melting materials. Here's an example from one of our contracts. If you decide to use something, be sure to have your legal adviser make sure it's right for you. It will be money well spent.

    I DO __X___ DO NOT _____ want an ice melting product applied if weather conditions warrant an application. ____________ Initials
    I DO __X____ DO NOT _____ want an ice melting product applied after plowing. ___________ Initials

    Also, make sure you have something in your contract that explains to your clients your complete procedures for these applications as well.

    Great thinking about this separate sign off area for ice melting materials. It will certainly help eliminate the "I thought you were gonna" and help define who has the responsibility for the applications.