Fill and Sign the Snow Plow Contracts Form

Rototilling or Snow Plowing Agreement Agreement made on the ___ day of __________, 20___, between _____________________ of __________________________________________ (street address, city, county, state, zip code) , referred to herein as Owner, and _____________________ of __________________________________________ (street address, city, county, state, zip code) , d/b/a ___________________________________ , a sole proprietorship , hereafter referred to as Contractor. Whereas, Contractor is in the business of ________________________________________________________________________ ______________________________________________________ (describe business) ; and Whereas, Owner desires to engage the services of Contractor to perform the following described services at __________________________________________ (s treet address, city, county, state, zip code) , hereafter referred to as Premises: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Describe Services Now, therefore, in consideration of the Agreements made herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned agree as follows: 1. Labor and Equipment Contractor will furnish all labor, equipment, and materials necessary to the performance of its duties under and pursuant to this Agreement. 2. Time of Work A. Contractor will perform its duties under and pursuant to this Agreement during the hours of ____________ (time) to ____________ (time) , daily until completed. B. In any event, Contractor will perform its duties in such manner as to avoid inconvenience to the users of the Premises and interference with Owner as much as practical. 3. Compliance with Law Contractor will secure all permits required to perform its duties under and pursuant to this Agreement and will comply with all applicable workers' compensation, employer's liability, and other federal, state, county, and municipal laws, ordinances, rules and regulations. 4. Indemnification of Owner A. To the extent insurance proceeds are available to Contractor pursuant to Paragraph 5 below, Contractor will indemnify Owner against any and all liability, demands, claims, suits, losses, damages, causes of action, fines or judgments including costs, attorney's and witnesses' fees, and expenses incident to the same, for injuries (including death) to persons or property arising out of or in connection with Contractor’s performance of its duties under and pursuant to this Agreement. Owner waives any right to recover losses, damages, causes of action, fines or judgments including costs, attorney's and witnesses' fees, and expenses incident to the same other than from insurance proceeds pursuant to Paragraph 5 below. B. Owner will give Contractor prompt written notice of any such demand, claim, or suit against Contractor or Owner which results from performance of this Agreement, and Contractor shall have the right to compromise or defend any such demand, claim, or suit to the extent of its own interest. 5. Insurance A. During the term of this Agreement, Contractor will carry and maintain in full force insurance the following types and minimum amounts with reputable companies insuring contractor while it is performing its duties under and pursuant to this Agreement. 1. Liability Insurance in the amount of $_____________________; 2. Bodily Injury in the amount of $________________ per person; $_______________per accident. 3. Property damage in the amount of $________________ per accident; and 4. Worker’s Compensation in the amount of $ ___________________. B. Contractor agrees that Owner may inspect such policies at all reasonable times. 6. Payment to Contractor Owner will pay Contractor the total amount of $_____________ for the services described herein. ____________ [ (e.g., (25%)] of such amount will be paid prior to the beginning of the job and the remaining ____________ (e.g., 75%) within _______ (e.g., 10) days of the completion of the job. 7. Assignment The rights of each party under this agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 8. Notice A party giving notice as provided for by this Agreement shall send such notice by United States mail, postage prepaid, to the address of the other party set forth immediately before Paragraph 1 of this Agreement, or to such other addresses as the party shall designate in writing. 9. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but these shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 10. Binding Effect This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties. 11. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the state of ________________. 12. Attorneys’ Fees If any action is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney's fees. 13. Entire Agreement This Agreement shall constitute the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 14. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 15. Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 16. Waiver and Release Except as set forth in Paragraphs 4 and 5 above Owner releases Contractor , his employees, partners and successors from all claims and causes of action that Owner now has or may later have, and which have arisen or may arise in any manner by reason of injuries or damages sustained by Owner, Owner’s Premises or the utilities servicing said Premises including injuries known and unknown to Owner , by reason of being struck by rocks, dust, debris, or other matter thrown from any snow plowing or rototilling on or adjacent to said Premises. WITNESS our signatures as of the day and date first above stated. ______________________________ (COMPANY NAME) ________________________ By__________________________ OWNER CONTRACTOR