Establishing secure connection…Loading editor…Preparing document…

Water Backup Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

Water Backup Agreement

This Water Backup Agreement ("Agreement") is made effective as of by and between:

Recitals

WHEREAS, Provider is engaged in the business of supplying, installing and maintaining water backup systems, including but not limited to pumps, storage tanks, backflow preventers and associated controls; and

WHEREAS, Client desires to engage Provider to provide a water backup system and related services at the property located at under the terms and conditions set forth herein; and

WHEREAS, the parties intend to set forth their mutual rights and obligations with respect to the scope, compensation, schedule, and responsibilities for installation, testing, and ongoing maintenance of the water backup system.

Scope of Work

Provider shall furnish all labor, materials, equipment, permits and supervision necessary to perform the services described below at the property identified above. The work shall include design, procurement, installation, testing and initial commissioning of the water backup system, together with completion of punch-list items and delivery of standard operating documentation.

Additional work, change orders, or services not expressly described in the Detailed Scope shall require a written change order executed by both parties prior to commencement. Provider will comply with all applicable codes and standards in performing the work.

Payment Terms

As full compensation for the services and deliverables under this Agreement, Client shall pay Provider the sum of USD (Contract Price), subject to adjustments for approved change orders.

Payments are due within days of Provider's invoice unless otherwise specified in the Payment Schedule. Overdue amounts shall accrue interest at a rate of or the maximum rate permitted by law, whichever is less. Client shall be responsible for collection costs, including reasonable attorneys' fees, for delinquent payments.

Term and Termination

The term of this Agreement shall commence on and shall continue until unless sooner terminated in accordance with this Section.

Either party may terminate this Agreement for convenience upon days' prior written notice to the other party. Either party may terminate immediately for material breach if the breaching party fails to cure the breach within fourteen (14) days after receipt of written notice specifying the breach, provided that termination for non-payment may occur after seven (7) days' notice.

Confidentiality

"Confidential Information" means non-public information disclosed by one party to the other in connection with this Agreement, including system designs, pricing, operational plans, and test results. Each party shall protect Confidential Information with at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.

The obligations in this section shall survive termination or expiration of this Agreement for a period of years, except for information that is or becomes publicly known other than by breach of this Agreement or is rightfully received from a third party without restriction.

Liability, Indemnity and Insurance

Provider shall perform the services in a workmanlike manner. Except for willful misconduct or gross negligence, Provider's total liability to Client for any claim arising under or related to this Agreement shall be limited to direct damages not to exceed the total Contract Price paid to Provider under this Agreement. In no event shall either party be liable for consequential, special, punitive or incidental damages.

Provider shall defend, indemnify and hold harmless Client from third-party claims arising out of Provider's negligent performance of the work, subject to the limitations of liability set forth above. Provider shall maintain commercial general liability and workers' compensation insurance in amounts customary for the industry and shall provide proof of insurance upon request.

Force Majeure

Neither party shall be liable for delays or failures of performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, strikes, shortages, governmental restrictions, or utilities interruptions, provided that the affected party gives prompt written notice and uses commercially reasonable efforts to resume performance.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles.

Entire Agreement

This Agreement, including all attachments and executed change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, understandings and communications, whether written or oral. No amendment or modification shall be effective unless in writing and signed by an authorized representative of each party.

Miscellaneous

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties are independent contractors and nothing in this Agreement shall create a partnership, joint venture or agency relationship. Notices shall be provided in writing to the addresses set forth above unless otherwise updated in writing.

Provider

Printed Name:

By:

Date:

Client

Printed Name:

By:

Date:

Enter text✕

What the Water Backup Agreement Covers

A Water Backup Agreement is a written contract that allocates responsibilities and remedies when a primary water supply, sewer, or drainage system fails and a secondary or emergency supply is used, supplied, or required. The document identifies the parties, describes the backup service or mitigation measures, sets delivery and access terms, lists payment or cost‑sharing provisions, and defines liability limits and insurance requirements. It is commonly used by property owners, landlords, utilities, and service providers to reduce ambiguity about response, cost allocation, and risk if backup water or temporary supply becomes necessary.

Why a Written Agreement Matters for Backup Water

A clear Water Backup Agreement reduces disputes by defining who provides, pays for, and maintains temporary water or sewer backup services, when service begins and ends, and what liabilities and insurance apply under state law and contract terms.

Why a Written Agreement Matters for Backup Water

Typical parties and roles for this agreement

Use this agreement when different parties share responsibility for backup water supply or drainage mitigation.

  • Property managers and landlords who must arrange emergency supply or remedial plumbing after backups
  • Municipal utilities and water authorities coordinating temporary distribution or boil water advisories
  • Contractors and service providers who deliver portable tanks, pumps, or temporary connections

Tailor scope and signatures to the specific relationship: landlord‑tenant, utility‑contractor, or inter‑property shared service.

Core sections to include in a professional Water Backup Agreement

Include precise, enforceable language and clear exhibits for technical details so obligations are easy to interpret during an emergency.

Parties

Identify each party by full legal name, business type, and contact information; include authorized representative and billing contact to avoid signature and payment disputes.

Scope

Describe services provided (e.g., potable water delivery, temporary hookup, sewage bypass), service standards, and any excluded services or limits on quantity or hours of service.

Term & Trigger

Specify effective date, termination date, and explicit triggers that activate backup service such as main supply interruption, contamination advisory, or specified pressure loss.

Costs & Payment

State pricing, invoicing cadence, cost‑sharing formulas, and responsibility for equipment rental, labor, and fuel so parties know immediate cash obligations.

Liability & Insurance

Allocate risk, include indemnity language and minimum insurance requirements (general liability, pollution, and where applicable, professional liability) to protect all parties.

Access & Operation

Grant access rights to property, describe safety procedures, specify who operates equipment, and require compliance with local codes and permit conditions.

Essential information to collect in the agreement

Party Names: Full legal names
Contact Details: Phone, email, address
Premises Address: Street, city, state, ZIP
Service Description: Type and limits
Payment Terms: Rates and billing
Signature Date: MM/DD/YYYY

Step-by-step: Completing the Water Backup Agreement

Follow these sequential steps to complete, verify, and sign the agreement so responsibilities are clear before any backup event occurs.

  • 01
    Draft: Describe service, costs, and triggers clearly.
  • 02
    Review: Have counsel or risk manager verify liability and insurance wording.
  • 03
    Sign: Obtain authorized signatures and dates from all parties.
  • 04
    Distribute: Share fully executed copies to all parties and on‑site contacts.

How to customize and complete the agreement online

Configure a digital workflow so fields, approvals, and notifications match your operational chain and reduce signing friction during emergencies.

Field Mapping Map name, address, effective date, and payment fields to the form template
Signing Order Set role sequence: provider → property manager → tenant/owner
Authentication Require email plus SMS code or ID match for final signer
Conditional Fields Show equipment details only if service includes rentals
Notifications Auto‑email executed copy to all parties and operations center

Where to send or file the executed agreement

Decide a primary filing location and secondary distribution so copies are accessible to on‑site staff and legal teams during an incident.

  • Provider Records: Store original executed agreement at provider operations
  • Property File: Keep copy in property management contract folder
  • Local Authority: Provide copy to municipal water authority if required
  • Digital Archive: Save signed PDF with audit trail

Distribution and eSigning options for the agreement

Choose delivery and signing methods that meet your authentication and retention needs while minimizing friction.

  • Email & Download: Attach PDF copies to signed email
  • In-Person Signing: Use paper or tablet with witness if required
  • Remote eSignature: Use platform with audit trail

Typical timelines and important dates to note

Track effective dates, trigger conditions, insurance renewal dates, and periodic testing or inspection milestones to keep the agreement current and enforceable.

Effective Date:

Date when obligations begin; format MM/DD/YYYY

Insurance Renewal:

Verify coverage before renewal dates annually

Inspection Schedule:

Schedule quarterly or as contract requires

Emergency Response:

Response time commitments measured in hours

Termination Notice:

Specify notice period, e.g., 30–90 days

Common mistakes to avoid when preparing the agreement

  • Vague scope language that fails to specify potable vs non‑potable supply and acceptable contaminants, causing disputes over service suitability.
  • Missing access or permission clauses that delay onsite hookups because service crews lack explicit authorization to enter or operate equipment.
  • Unclear cost allocation for equipment rental, disposal, and labor that shifts unforeseen expenses to the wrong party after an event.
  • Neglecting insurance minimums or failing to require certificates of insurance, leaving a party underinsured for property damage or contamination claims.

Risks and consequences of an incomplete or incorrect agreement

Contract Disputes: Delay in remediation
Cost Exposure: Unallocated emergency charges
Liability Gaps: Insurance denial risk
Regulatory Fines: Code or permit violations
Operational Delay: Slower emergency response
Evidence Issues: Weak enforcement in court

How organizations commonly use a Water Backup Agreement

These examples show practical ways the agreement reduces confusion and speeds response during supply interruptions.

Municipal Backup Supply

A city and nearby industrial park agree on temporary potable delivery terms

  • Agreement sets supplier, flow rate, and cost split
  • The contract clarified responsibilities in one event and avoided protracted billing disputes while meeting public health reporting obligations.

Property Manager Arrangement

A landlord contracts a vendor for emergency tank delivery and pumping

  • Vendor provides equipment and hourly rates
  • Clear access rights and insurance requirements allowed crews immediate entry, avoiding days of delay and tenant disruption.

Who typically signs this agreement

Property Manager

A property manager signs for multi‑unit buildings and is responsible for granting access, coordinating vendor arrival, and authorizing expenditures within specified limits. Their signature binds the property owner if the manager has express authority.

Utility or Vendor Director

An authorized director or operations manager for the water vendor signs to commit staff, equipment, and response times. The signatory must have authority to bind the company and confirm required insurance coverage.

Frequently asked questions about execution, validity, and enforcement

Answers to common concerns about signing, notarization, eSignature validity, amendments, and what to do after a backup event.


Need help? Contact support

eSignature pricing and capability snapshot for executing this agreement

Platform pricing and features affect execution speed and compliance options; signNow is listed first for direct comparison against common vendors.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Business Premium+) Varies by plan Varies by plan Varies by plan Varies by plan
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
be ready to get more
Join over 28 million airSlate SignNow users