Snow Removal Terms

General Snow/Ice Services Conditions

All work at the Property shall be performed as needed. Additional visit(s) will be at Per Event rates. Contractor will only pile snow in areas approved by the Customer or an authorized representative. Customer is aware that snow accumulations over 6 in. may limit Contractor access time due to uncontrollable factors such as uncleared county roads or need for emergency services, etc. Service will always be provided on an “as soon as possible” basis.

If requested Contractor will apply salt/ ice melt on sidewalks and drives. Note: Slippery conditions may continue to prevail even after plowing or ice control services have occurred. Contractor is not liable for any injuries as a result of slip and fall occurrences on property.

Contractor may install marker stakes on property at an added charge to help protect the lawn and other property from plow damage and to prevent damage to plow equipment. Customer agrees not to remove these stakes. Contractor will collect stakes sometime near the end of March.

The Customer understands that plowing or ice control may not always clear the area to “bare pavement” and that slippery conditions may continue to prevail even after plowing or ice control services have occurred. Contractor will make reasonable efforts to remove ice and snow from sidewalks and parking areas. Customer acknowledges that it is understood the application of salt to ice or snow on the Property will not and cannot result in the immediate or complete removal of ice/snow from the Property. Contractor provides no guarantee or warranty that the application of salt will be effective in eliminating all ice/snow in any particular circumstance. Contractor assumes no liability for these naturally occurring conditions nor does Contractor assume any liability for instances of slip and fall on the property. The Customer is also aware that weather conditions may change rapidly without notice and that Contractor assumes no liability for such changes in conditions.

General Conditions

1. This proposal/agreement is valid for 30 days or until signed. The 1st page of the proposal must be signed and returned.

This agreement and the rights and obligations hereunder shall be fully assignable by Clark’s Lawn and Landscape llc.

2. We reserve the right to cease work operations for ANY non-payment issues whatsoever. Invoices are issued following

service with payment Due Upon Receipt of invoice. Overdue accounts (Over 30 days) shall incur a $1.5% late fee per month Min. $45). Returned checks for whatsoever reason shall incur a $35 bank fee. Customer will be responsible for any

and all costs, fees, and expenses including attorney’s fees incurred by contractor in obtaining payment.

3. Repair of damages caused by “Acts of God”, such as frost, high winds, and excessive rains are NOT the responsibility

of Clark’s Lawn and Landscape llc. We will repair such damage when directed to do so by the property owner or

representative charged on a Time and Materials basis. Owner also understands that minor damage to turf and/or

shrubs/trees occurs with snow services. Contractor will not be responsible for minor turf, shrub or tree damage if

time and natural remedies will reverse damage.

4. On-site parking for our maintenance truck, trailer, and/or equipment is essential to the performance of this proposal.

If none is available, special consideration for parking fees or other arrangements may be required.

5. Should there be a significant rise in the cost of any unpurchased required materials, fuel, labor or other services

as a result of unforeseen economic factors, the agreement rates may be increased proportionately. Before making

any additional purchases of required materials or raising any rates, the Contractor shall provide a written statement 10/24/2024

expressing the reason for the increase and what the dollar amount of the price increase is to be. The Owner may

then, at their option, either authorize the increased price and pay the increased cost incurred or terminate the

agreement by written notice of termination to the Contractor. Upon any termination, payments owed to the

Contractor for all costs expended in performance of the agreement up to the date of termination must be paid in full.

6. Contractor and Owner each agree to indemnify and hold harmless each other, and their respective officers,

employees, agents, and representatives, from and against liability for all claims, losses, damages,and expenses,

including reasonable attorneys’ fees, to the extent such claims, losses, damages, or expenses are caused by the

indemnifying party’s negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are

caused by the joint or concurrent negligence of either party, they shall be borne by each party in proportion to its

negligence. If a dispute arises out of or relates to this Agreement, the parties shall endeavor to resolve their

differences first through direct discussions. If the dispute has not been settled within 30 days of the initial

discussions, the parties shall submit the dispute to mediation, the cost of which shall be shared equally by the

parties. Nothing in these provisions shall limit rights or remedies not expressly waived under applicable PA laws.

Neither party shall assign their interest in this Agreement without the express written consent of the other, except

as to the assignment of payments. There is no intent for Clark’s Lawn and Landscape llc to be responsible for the

negligence of another subcontractor or design professional. If necessary, contractor agrees to only use

subcontractors with adequate insurance and appropriate credentials.

7. This agreement may be terminated by either party with 30 days advance notice.

END OF PROPOSAL / AGREEMENT