Fill and Sign the Snow Removal Service for Residential Property Form

Snow Removal Service for Residential Property Agreement made on the _________________ (date) , between ___________________ (Name of Owner) of ___________________________________________________________ ____________ (street address, city, county, state, zip code) , referred to herein as Owner , and (Name of Contractor), a corporation organized and existing under the laws of the state of ______________, with its principal office located at (street address, city, county, state, zip code) , referred to herein as Customer . For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Contractor will service Customer ’s property located at the address set forth above within ____ days after a snow event (i.e., snow falls of more than 2 inches of accumulation). The charge to Customer for each service shall be $ _________. The amount of time needed to remove snow from driveways and sidewalks will depend on a number of factors including:  total accumulation,  consistency of accumulation,  air temperature,  amount of packing that has occurred, and  the amount of obstructions in driveway. All work will be completed in a professional and efficient manner. 2. Service for a snow event of less than 2 inches of accumulation will be done for an additional charge of $_________ pursuant to this Agreement and a written request of Customer. 3. Salt will be spread on serviced areas for an additional charge of $_________ pursuant to this Agreement and a written request of Customer 4. Either party may terminate this Agreement at any time with a 10 day advance written notice. The termination date will be 10 days after such notice is mailed by certified mail, return receipt requested to the address of the other party as set forth above. Customer is responsible for all costs of services rendered prior to cancellation 5. Payment not received by Contractor within _____ days of the date of the invoice to Customer will result in a late fee of _____% of the invoiced amount. 6. Contractor shall not be responsible for damage to Customer ’s property due to the presence of preexisting conditions on said property such as cracked, uneven, pockmarked, or otherwise deteriorated surface areas. Reports of damage must be reported to Contractor in writing within forty-eight (48) hours of any such damage. Failure to report damages constitutes a waiver by Customer and Contractor is released of any and all liability. 7. If a snow event results in over ten (10) inches of accumulation, an additional charge of $__________ will be due and payable by Customer. 8. Customer is aware that that Contractor’s service may not clear property to bare pavement and that slippery conditions may prevail even after snow removal. Contractor assumes no liability for slip and fall or vehicle accidents as a result of this condition. Customer agrees to defend and hold Contractor harmless for any and all actions, claims, liabilities, assertions of liability, losses, costs, and expenses including, but not limited to, attorney fees, reasonable investigative costs, discovery costs, and court costs, which in any manner may arise or be alleged to have arisen, or resulted, or alleged to have resulted from such accidents. 9. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 10. 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 the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 11. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ______________. 12. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 13. Mandatory 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. 14. 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. 15. 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. 16. Assignment of Rights 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. 17. In this contract, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ___________________________ __________________________ (Name of Contractor) (Name of Customer) By:______________________________ By:_____________________________ ___________________________ (Signature of Customer) (P rinted name & Office in Corporation) ___________________________ (Signature of Officer)