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Hold Harmless????

Discussion in 'Business Fundamentals' started by jerrywane, Aug 16, 2011.

  1. jerrywane

    jerrywane Senior Member
    Messages: 134

    Is it possible or legel to have a contract that would hold me NOT liable in anyway/shape/ or form if it was agreed to by both partys? I know its wishfull thinking,but just wanted to know if anyone has tried it and what happend.I would also like to see aome examples of small company plower contracts that pretty much cover the most important asspects of the world of C.Y.A
  2. wizardsr

    wizardsr PlowSite.com Addict
    Messages: 1,584

    Sure, why not? Some customers may not sign it though. SIMA has sample contracts, but if you're going to plow anything more than Grandma's driveway, be prepared to fork over a little coin to an attorney to draw one up for you.
  3. Mick76

    Mick76 2000 Club Member
    from Maine
    Messages: 2,157

    THIS WILL BE THE BEST $ YOU EVER SPEND!...... And its spelled in capitals for a reason.......
  4. jerrywane

    jerrywane Senior Member
    Messages: 134

    where can i find them

    Will try search engine thanx
  5. SteveR

    SteveR Senior Member
    Messages: 252

    I think it is very possible however, I don't think that will protect you from litigation, our legal system allows about anybody to sue for anything. An it in no way will hold you harmless from negligence.
  6. KM81

    KM81 Member
    Messages: 47

    You cannot sign away negligence. No matter if they agree to it or not.
  7. 100InchHammer

    100InchHammer Member
    Messages: 34

    First off, any contractor or repairman that tells me he wants to be released from any or all liability is not someone that I would let on my property. The only release from liability on my contract is for ice accumulation (That is an Act of God and all we can do is apply product to melt it.), unless they employ salting services for a wet lot.

    If they hire you to plow snow and someone slips, as long as you plowed to or above industry stds and at proper trigger amounts, that's on them. You fullfilled your end of the contract.

    I carry both a comm auto policy in the event that I damage property and a G&L for all other liabilities. What if you accidently take a gas meter off of a house or building that was hidden by a snow drift? Should you be held unaccountable? Hell no!

    Whether you buy insurance or not is up to you. Lots of guys push with nothing more than their reg auto policy. Damage a house or an expensive car and see where saving a couple hundred dollars a year got you. Have someone come left of center and hit your plow and you are gonna be in trouble unless there were witnesses to support you.

    Every spring I visit all my contracts, repair any sod I may have damaged, rake up any gravel that may have got pushed out, etc... Your customers property should look exactly like it did before you plowed. I create a site map for every customer (residential or commercial), showing all hazards that may be hidden under snow, make notations on the sketch of areas to stay away from using lines of site from within the truck if possible. I note any existing damage, take pictures and upon returning in spring I compare these to actual conditions. I also carry a heavy dowel, 1" dia by 4' long, if I haven't been there before I walk the drive and use it like a blind person would to make sure there isn't any landscaping hidden under that 6" of snow and mark the driveway edges. If you don't and you tear up sod or move some landscaping, etc... that's YOUR fault. And YOU should fix it at your expense.

    Last year I did a new residential customer, as I was backing away from the garage I noticed a piece of vinyl trim around the door chipped. I got out and looked on my hands and knees for the broken pieces, thinking I did that. The elderly lady came out and asked what was wrong, I told her. She said that was damaged last year from the previous plow operator. I thanked her. Had I did that, in the spring I would have repaired or hired the repair out myself. You need to be responsible for your actions! Don't try and get out of it, just do a good job and maintain enough ins for the properties you service.
    Last edited: Sep 2, 2011
  8. Spucel

    Spucel Senior Member
    Messages: 413

    The difference between the good guys....and the bad!
  9. 100InchHammer

    100InchHammer Member
    Messages: 34

    Scott you are so right. I'm referring to her though, had she said that wasn't like that, I would have been there fixing that. Her honesty was gratefully appreciated, she even gave me a bag of fresh baked cookies before I left. Treat your customers right and they will do the same to you.