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my terrapro contract

Discussion in 'Business Fundamentals' started by terrapro, Nov 10, 2006.

  1. terrapro

    terrapro PlowSite Veteran
    from MI
    Messages: 3,912

    this what i have come up for my unlimited contract, my per visit contract will be similar with a few tweaks here and there. let me know what you guys think


    WINTER 2006-2007​

    Terms and agreements:
    • Terrapro agrees to remove snow by means of plow and shovel at customer and vendor agreed upon site
    • 2 inches is the minimum accumulation of snow before removal of snow will occur unless otherwise decided by Terrapro
    • If extra services including but not limited to salting is agreed upon between vendor and customer it will be through verbal or written contract and extra services will be included in next bill
    • Salting will possibly harm surrounding vegetation and customer will take into account Terrapro will not be held liable for damage to vegetation that might occur during and after the process of salting
    • Terrapro will not be held liable for any accidents that occurred to residents, visitors, or pedestrians because of weather conditions including but not limited to snow and ice build up
    • Terrapro will not be held liable for damage to any hidden objects during the process of snow removal
    • Terrapro will not be held liable for any damages that will occur upon melting of piled snow
    • If large objects including but not limited to cars and other motorized equipment are in the area in need of snow removal the process of snow removal will be finished at earliest convenience to vendor when area is clear
    • Two plow visits in a 24 hour period is the maximum amount Terrapro is required to service. Additional visits will be charged by flat rate and agreed upon between customer and vendor either in verbal or written contract
    • Payment due will be net 30 days of date billed
    • There is a $15 late fee per every 15 days after due date of bill

    Service date from_______________________________ to___________________________________.

    Monthly service fee___________________________ Contract date_____________________________

    I____________________________________ hereby agree to all terms and agreements herein.

    Signature ___________________________Signed date____________________________________

    Vendor signature____________________________________ Signed date________________________
    Last edited: Nov 10, 2006
  2. LLM Ann Arbor

    LLM Ann Arbor Senior Member
    Messages: 876

    Are you Incorporated? Because if you aren't and your names not terrapro that contracts usesless.

    The thing I hate about damned near every contract I see no matter how simple is the threatening tone.

    You Must

    Were Not!

    No Responsability!


    Im about ready to just cash out, fly to the cayman islands sit on the beach all day, sell sunglasses to tourists, watch the waves and let my beard grow until the birds come and cover me with leaves.
  3. terrapro

    terrapro PlowSite Veteran
    from MI
    Messages: 3,912

    no im a sole proprietor with a registered DBA. the way i understand it is no matter which way i cut it i am my business and my business is me. i always assumed i would be covered and saying my business name instead of my real name sounds more professional. why would it be usless, im not trying to sound like an ass i really want to know. i definately dont want to mess up on the liability issue im use to being liable for cutting invisable fence lines and killing plants not slip and falls:eek:

    inform me otherwise please, thats why i put this up
  4. LLM Ann Arbor

    LLM Ann Arbor Senior Member
    Messages: 876

    If you're cutting invisible fences plowing snow theres a problem...lol

    I dunno....maybe you're protected maybe you aren't.

    Id include your name as dba before the company name at least.

    Im not sure how many people will be anxious to sign a contract releasing you from "all" liability, and if it ever went to court an attorney would probably eat that contract for lunch no matter who signed it.

    But....ya gotta try to protecdt your interests I suppose.

    Thats why I have a 2 Million dollar liability policy. I hope you do as well.
  5. terrapro

    terrapro PlowSite Veteran
    from MI
    Messages: 3,912

    lol no i do landscaping in the other seasons

    also i have 1mil coverage and thinking of bumping it to 2mil
  6. Rcgm

    Rcgm Senior Member
    Messages: 613

    If you are not incorperated anyone that wants to become incorperated can use your name.So I could become terrapro today and sue you for using my name.
    Just a little info

  7. terrapro

    terrapro PlowSite Veteran
    from MI
    Messages: 3,912

    actually you can only be sued for the name once it is registered with the county clerks. if i can make decent money in snow removal i will be an LLC by spring
  8. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 9,883

    You might want to file your LLC now.

    It is cheep to do and if things do not work out you will still have it.

    A LLc is a good idea fort a lot of reasons.. T
    he biggest is it separates your business property from your personal property.

    So. if someone sues you and wins they can not thake your house and every thing you own.
    They can only go after the assets that your LLC owns.
  9. terrapro

    terrapro PlowSite Veteran
    from MI
    Messages: 3,912

    actually you can sue whomever you want for whatever you want. if someone wanted to sue me theyll sue me if someone wanted to sue your employee for damage to property they could, they probably wouldnt get away with it but they can try. the type of business you have does not give you that much liability protection, its mainly for tax purposes. liability protection is what insurance is for. thats why we have general liability and doctors have malpractice.
  10. Tscape

    Tscape Senior Member
    Messages: 829

    You misunderstand something: LLC stands for "Limited Liability Company". The primary idea behind it is to shield the owner from liabilty. That protection has been pierced in some cases, but that does not render the entire concept moot. It is your best protection. It is one that I do not take for granted and I pay my yearly maintenence fee to keep it current.

    You are needlessly exposing yourself to liability every day.
  11. snoking

    snoking Senior Member
    Messages: 161

    incorporation through the state superseeds county level name registration. you can have many companies in a state the share a name xx miles apart but you can only have 1 lcc company in that state with that name...if i make sense

    also doesnt matter what you have them signed

    example....you have a customere that you just plow. they signed that they would pay extra for salt. they dont get into work till 8. call you 810am. you salt by 845am...they had a slip in fall at 825am.,.everyone will drop the blame on you "i called him at xxxam didint chow up till xxxam" not your fault you had o wait for a call.....hopefully you can see what im saying....

    i have no responsibility clause in my contracts. my nsurance loves it...seriously
    all i do is state any property damege will be fixed by april 15th, if i get a call from an apartment that pays 50g a year about ten dead plants. i go out replace with new and hand them a contract for next your while its fresh in their mind we fixed it right.

    i carry 3 million liability and and an extra 1 mill for property damage plus the rest of the regular stuff....

    plus by telling them everything your not responsible for they will figure our planning on all that happeninh and will sign with the first guy (like me) that will fix. lasr year i had three guys for slmost 4 weeks fixing plow damage....
  12. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 9,883

    Yes, they can still sue you, but they should be suing your business if you are organized..
    Anyone can sue Anyone,

    They may be able to get your business and all of it's assets,. but registering as an L.L.C. will HELP protect your personal assets. It separates you from your busesness.

    yes, you will still need to carry INS..
  13. terrapro

    terrapro PlowSite Veteran
    from MI
    Messages: 3,912

    what do you mean by "no responsibility clause".....what would you not be responsible for, slip and falls or property damage? are you saying that i should not state in my contract what i will not be responsible for.

    thanks for the good reply!
  14. terrapro

    terrapro PlowSite Veteran
    from MI
    Messages: 3,912

    are you agreeing with me then?:confused:
  15. LLC Protection

    An LLC will offer some protection toward your personal assests should one of your employees f up. However, should you do some serious damage, the company can be sued, and you as the operator can also be sued.
  16. terrapro

    terrapro PlowSite Veteran
    from MI
    Messages: 3,912

    hey mike hopefully ill be getting ahold of you soon. still been pretty busy with cleanups here:cool:

    hey guys i didnt want this to turn into a debate, what do you think of the contract
  17. snoking

    snoking Senior Member
    Messages: 161

    if you are not going to salt a lot everytime you plow, you can not be held liable. Have them sign a seperate waiver from the contract that states you arent responsible the the safety of the parking lot if they arent full service....if the tell you when you can salt they have accepted liability. by it being seperate they have to cross it off your contract, again accepting liabilty.

    eat the rest/build it into your cost. if you do 45000/per whats a big deal to eat 2-3000 keeping your customere happy and not asking themselves does he just plan on ripping my yard out??...take pictures of the property, grass, bushes, curbs...call it good....IMO

    keep it simple, keep them happy, the less questions they have the less they will call...the more they will wonder about the other guy cause you said not a problem dont worry about it ill take care of it....

    just my view....seems to work well
  18. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 9,883

    O.k. what i meant is they may try to sue personally in a civil court..
    They can try...

    But setting up a L.L.C.
    Is to protect the business owner from exposer.
    I own my LLC
    so they would probably try to take it to a civil court.....

    Just because they file a suite does not mean it will go to trial.

    But if someone gets killed because of something your compeny did, the lawyers are going to try to get every penny they can out of you....
    so, if you would like to protect your self from some thing your company may do..

    File your LLC papers, it is inexpensive to do.. and worth every penny..
    it could save your house..
  19. ECS

    ECS Senior Member
    Messages: 485

    Thanks SnoFarmer. Good info for all of us.
  20. LLM Ann Arbor

    LLM Ann Arbor Senior Member
    Messages: 876

    Just curious. if you have in a signed contract.

    Im not respnsible for ANYTHING, like some of you do, and someone signs it, why do you have insurance.

    Good info on the LLC. I should be doing that as well but all this Im not responsible stuff in contracts creeps me out.

    I dont think Id sign a contract like that.

    Would you?