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does anyone have an indemnification / hold harmless clause in their contracts

Discussion in 'Commercial Snow Removal' started by rich414, Dec 2, 2011.

  1. rich414

    rich414 Senior Member
    Messages: 294

    Does anyone have an Indemnification / Hold Harmless clause in their contracts or a Mutual Limit of Liability? If so please post what you have in your contracts!! I need a go-by to cover my a$$.
  2. Schnabel Plowin

    Schnabel Plowin Senior Member
    Messages: 139

    For places that don't want us to salt, we add an indemnification clause that says we aren't responsible for the slip and falls.
  3. Banksy

    Banksy PlowSite Veteran
    Messages: 3,113

    I will never understand the whole slip and fall BS. If you can't walk on ice and snow, stay the Frig' home! You can do your best plowing and salting, but there are no guarantees with weather and mother nature.

    There needs to be a nation wide ban on slip and fall claims because of weather conditions. I have slipped on ice that was on other peoples property and it never once dawned on me to make it an issue. I was mad at myself, not the property owner.

    However, a recently mopped store floor with no signs or whatever is another issue.
    Last edited: Dec 2, 2011
  4. EdNewman

    EdNewman Senior Member
    Messages: 254

    Yes, we added it this season. No problems, all the customers signed it.
  5. Red Bull Junkie

    Red Bull Junkie Senior Member
    Messages: 159

    Yes, in every contract. We also limit our property damage liability in our seasonal contracts to no more than the total yearly cost of the contract.
  6. mypolaris1

    mypolaris1 Member
    Messages: 59

    I have it in all my contacts, salt or no salt...
  7. pohouse

    pohouse Senior Member
    Messages: 322

    Here's what I use. Recommend checking with a local lawyer.

    "Limitation of Liability: The Contractor will exercise reasonable care to avoid damage to pavement, curbs, trees and shrubs. However, the Contractor is not responsible for any: A) Damage to items that are snow-covered or not visible. B) Personal injuries resulting from slip and fall accidents; and/or C) Acts of God, including but not limited to extraordinary weather conditions."

    "Hazards: Customer is aware that plowing may not clear their property to bare pavement and that slippery conditions may prevail even after plowing. XXX Inc. assumes no responsibility for slip and fall accidents or vehicular accidents as a result of this naturally occurring condition."

    For my residential customers, I give them two options for de-ice material. Yes they want it, or no they don't. If they refuse the application of de-icer, they check the box and initial. (Many put the de-icer on themselves.)
  8. rich414

    rich414 Senior Member
    Messages: 294

    I did have a lawyer write one. It was 2 pages of legal terms and it protected both parties, if was fair, but it was general, not snow specific, and it scared the SH$$ out of the client.. so I was hoping folks would post what they have (like what you did) written in layman’s language and maybe that verbage won’t raise flags!
  9. Mick76

    Mick76 2000 Club Member
    from Maine
    Messages: 2,157

    You WANT to have that verbage in the contract to cover your a$$........
  10. cvwhr

    cvwhr Member
    Messages: 34

    That is almost exact wording in our contracts and our lawyer wrote it.
  11. rich414

    rich414 Senior Member
    Messages: 294

    here is an interesting website, This is similar to what my lawyer gave me, you will at least see the extent of the agreement and how this would scare someone away..
    you dont need to fill in anything, just hit send or whatever is at the bottom of the page and you will get a sample of the agreement
  12. swtiih

    swtiih PlowSite.com Addict
    Messages: 1,179

    interesting website