Every winter, it seems a common sight that various areas get choked under the snow. Fortunately enough, snow removal companies are out there, undertaking to get rid of the heavy snow in both residential and commercial establishments.
Yet working on snow removal is not an easy service. To prevent issues between the contractor and the client and set up the service terms, a snow removal contract is therefore created.
If you are looking for the steps to draw up your first snow removal contract, CocoSign is the place to go. CocoSign has all the information you need to start on your snow plowing contracts and legal agreements. Visit CocoSign's template library and select the right snow removal contract template you want among the thousands of templates available there.
What Is The Snow Removal Contract?
A snow removal contract is a legal agreement signed between the contractor and the client. The contract here defines the terms of services which will be undertaken by the contractor to execute the duties.
It also contains important information such as the time needed for the completion of the work, the remuneration to be provided, and the payment mode. Furthermore, it also contains the duties and responsibilities of both the parties i.e. the contractor and client.
It is a legal document that binds both the party and any violation will be dealt with by proper authorities. The laws governing the snow removal contract will be in accordance with the law of the country it is drawn up and signed in.
Remove Every Obstacle for Your Business with Our Snow Removal Contract Template
Just like you are planning to get the snow removed from your house’s porch, roof and pathway, get legal obstacles removed also by choosing our snow removal contract template.
Click below to get your copy of the document.
When Is A Snow Removal Contract Needed?
As there is a lot of competition among different contractors, they prefer to draw up these contracts with the clients for security purposes. Such a contract opens up a lot of opportunities to both the parties in terms of insurance, professionals involved, tenure, etc.
The contracts are normally prepared at the beginning of the work. Work can only be started once they are signed.
What Is Covered In A Snow Removal Contract?
Ideally, a snow removal contract should include all the information related to guarantee of performance, the coverage of insurance, how the payments will be made and standards to be followed.
In addition to the basics, a more detailed description of the jobs should also be mentioned here with specifics. Information like salting, sanding, and removal of snow should be given. Also, what kind of equipment will be used along with the number of people working should be mentioned.
The snow plow contract should have a blueprint for the work to be performed. It must provide information to the clients of the overall performance and how each component of the work will be executed. Some of the important features of a contract include:
The words and details of the contract should be clear and simply worded without any possibilities of ambiguity.
The contract should be fair to both parties and should not burden one more than the other. The scope of work, the details of the tasks, and service to be provided should be explained clearly to erase any doubt among the parties.
The contract should give a detailed explanation of the costs including pricing of the project and additional costs.
Types Of Snow Removal Contracts
These contracts allow the contractors to set the price and maintain their budget prudently. With this type of contract, contractors may charge by the hour which can be profitable and lucrative, especially if the establishment is a big one.
These contracts fix the price at the beginning of the contract. The price remains the same irrespective of the number of times snow is removed during the contract period. These contracts last for around 3 to 5 years.
These contracts rely on the level of snow needed to be removed. They usually have brackets such as 1-3 inches, 3-6 inches, under 6 inches, and so on. The inches are generally fixed by the local weather stations to avoid conflict between the parties. Budgeting is a concern in this type of contract.
This type of contract allows the contractors to charge per event or snowstorm. Such agreements are lucrative for contractors where snowstorms are rare but do not bring in much profit for places where there are regular snowstorms.
This is more like a pay-as-you-go contract where you can charge money for each visit. It is a beneficial contract where snowstorms are regular and contractors have to visit the establishments more than once a day.
Remove Every Obstacle for Your Business with Our Snow Removal Contract Template
Just like you are planning to get the snow removed from your house’s porch, roof and pathway, get legal obstacles removed also by choosing our snow removal contract template.
Click below to get your copy of the document.
The Dos And Don'ts Of A Snow Removal Contract
Dos
The contracts should have detailed terms and conditions with a clear mention of the start and end dates.
The contract must have a room for changing the terms of contracts with the written consent of the two parties. This includes the termination clause for both parties.
There should be clear communication of the areas and items which should be excluded from the purview and scope of service requirements.
Concise and detailed descriptions of pricing and payment terms for the work done should be included. This should factor in additional costs borne by the contractor if any.
Don’ts
A snow plowing contract without a clear mention of the timing could lead to very slow response time.
Any room for hidden costs should be avoided and terms of pricing should be illustrated without any option open for misinterpretation.
DOCUMENT PREVIEW
SNOW REMOVAL SERVICE CONTRACT
I. The Parties. This Snow Removal Service Contract (“Agreement”) made ___________________, 20____ (“Effective Date”), is by and between:
Service Provider: ___________________, with a mailing address of _____________________________, City of ___________________, State of ___________________ (“Service Provider”),
AND
Client: ___________________, with a mailing address of ___________________, City of _____________________________, State of ___________________ (“Client”),
Service Provider and Client are each referred to herein as a “Party” and, collectively, as the "Parties."
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, the Client hires the Service Provider to work under the terms and conditions hereby agreed upon by the Parties:
II. Term. The term of this Agreement shall commence on ___________________, 20____ and terminate: (check one)
☐ - At-Will: Written notice of at least ____ days’ notice.
☐ - End Date: On ___________________, 20____.
☐ - Other: _______________________________________________________.
III. The Service. The Service Provider agrees to provide the following: (check all that apply)
☐ - Snowplowing Driveways
☐ - Snowplowing Parking Lots
☐ - Shoveling Walkways
☐ - Apply De-Icing to Requested Areas
☐ - Removing Snow from Roof
☐ - Other: _______________________________________________________.
Hereinafter known as the “Service”.
Service Provider shall provide, while providing the Service, that he/she/they shall comply with the policies, standards, and regulations of the Client, including local, State, and Federal laws and to the best of their abilities.
IV. The Property. The Service shall be provided at the following address _____________________________, City of ___________________, State of ___________________ (“Property”).
V. Payment Amount. The Client agrees to pay the Service Provider the following compensation for the Service performed under this Agreement: (check one)
☐ - $____ / Hour
☐ - $____ / per Job. A “Job” is _______________________________________.
☐ - Other: _______________________________________________________.
Hereinafter known as the “Payment Amount”.
VI. Payment Method. The Client shall pay the Payment Amount: (check one)
☐ - When Invoiced
☐ - Daily
☐ - Weekly
☐ - Bi-Weekly
☐ - Monthly
☐ - Other: _______________________________________________________.
Hereinafter known as the “Payment Method”. The Payment Amount and Payment Method collectively shall be referred to as “Compensation”.
VII. Retainer. The Client is: (check one)
☐ - To pay a retainer in the amount of $__________ to the Service Provider as an advance on future Services to be provided ("Retainer"). (check one)
☐ - Retainer is Refundable.
☐ - Retainer is Non-Refundable.
☐ - Not required to pay a retainer before the Service Provider is able to commence work.
VIII. Inspection of Services. Any Compensation shall be subject to the Client inspecting the completed Services of the Service Provider. If any of the Services performed by the Service Provider pursuant to this Agreement are defective or incomplete, the Client shall have the right to notify the Service Provider, at which time the Service Provider shall promptly correct such work within a reasonable time.
IX. Return of Property. Upon the termination of this Agreement, all property provided by the Client, including, but not limited to, cleaning supplies, uniforms, equipment, and any other items must be returned by the Service Provider. Failure to do so may result in a delay in any final payment made by the Client.
X. Time is of the Essence. Service Provider acknowledges that time is of the essence in regard to the performance of all Services.
XI. Confidentiality. Service Provider acknowledges and agrees that all financial and accounting records, lists of property owned by Client, including amounts paid, therefore, client and customer lists, and any other data and information related to the Client’s business is confidential (“Confidential Information”). Therefore, except for disclosures required to be made to advance the business of the Client and information which is a matter of public record, Service Provider shall not, during the term of this Agreement or after its termination, disclose any Confidential Information for the benefit of the Service Provider or any other person, except with the prior written consent of the Client.
a.) Return of Documents. Service Provider acknowledges and agrees that all originals and copies of records, reports, documents, lists, plans, memoranda, notes, and other documentation related to the business of the Client containing Confidential Information shall be the sole and exclusive property of the Client and shall be returned to the Client upon termination of this Agreement or upon written request of the Client.
b.) Injunction. Client agrees that it would be difficult to measure damage to the Client's business from any breach by the Service Provider under this Section; therefore, any monetary damages would be an inadequate remedy for such breach. Accordingly, the Service Provider agrees that if he/she/they should breach this Section, the Client shall be entitled to, in addition to all other remedies it may have at law or equity, to an injunction or other appropriate orders to restrain any such breach, without showing or proving actual damages sustained by the Client
c.) No Release. Service Provider agrees that the termination of this Agreement shall not release him/her/they from the obligations in this Section.
XII. Taxes. Service Provider shall pay and be solely responsible for all withholdings, including, but not limited to, Social Security, State unemployment, State and Federal income taxes, and any other obligations. In addition, Service Provider shall pay all applicable sales or use taxes on the labor provided and materials furnished or otherwise required by law in connection with the Services performed.
XIII. Independent Contractor Status. Service Provider acknowledges that he/she/they are an independent contractor and not an agent, partner, joint venture, nor an employee of the Client. Service Provider shall have no authority to bind or otherwise obligate the Client in any manner, nor shall the Service Provider represent to anyone that it has a right to do so. Service Provider further agrees that in the event the Client suffers any loss or damage as a result of a violation of this provision, the Service Provider shall indemnify and hold harmless the Client from any such loss or damage.
XIV. Safety. Service Provider shall, at his/her/their own expense, be solely responsible for protecting its employees, sub-Service Providers, material suppliers, and all other persons from risk of death, injury or bodily harm arising from or in any way related to the Services or the site where it is being performed (“Work Site”). In addition, Service
Provider agrees to act in accordance with the rules and regulations administered by federal law and OSHA. Service Provider shall be solely responsible and liable for any penalties, fines, or fees incurred.
XV. Alcohol and Drugs. Service Provider agrees that the presence of alcohol and drugs are prohibited on the Work Site and while performing their Services. If the Service Provider or any of their agents, employees, or subcontractors are determined to be present or with alcohol or drugs in their possession, this Agreement shall terminate immediately.
XVI. Successors and Assigns. The provisions of this Agreement shall be binding upon and inured to the benefit of heirs, personal representatives, successors, and assigns of the Parties. Any provision hereof which imposes upon the Service Provider or Client an obligation after termination or expiration of this Agreement shall survive termination or expiration hereof and be binding upon the Service Provider or Client.
XVII. Default. In the event of default under this Agreement, the defaulted Party shall reimburse the non-defaulting Party or Parties for all costs and expenses reasonably incurred by the non-defaulting Party or Parties in connection with the default, including, without limitation, attorney’s fees. Additionally, in the event a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing Party or Parties shall be reimbursed by the other Party for all costs and expenses incurred in connection with the suit or action, including, without limitation, reasonable attorney’s fees at the trial level and on appeal.
XVIII. No Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a continuing waiver, and no waiver shall be binding unless executed in writing by the Party making the waiver.
XIX. Governing Law. This Agreement shall be governed by and shall be construed in accordance with the laws in the State the Property is located.
XX. Severability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
XXI. Additional Terms & Conditions. ______________________________________
______________________________________________________________________
______________________________________________________________________
XXII. Entire Agreement. This Agreement constitutes the entire agreement between the Parties to its subject matter and supersedes all prior contemporaneous agreements, representations, and understandings of the Parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all Parties.
