# Customer Indemnification



## mcprop (Jan 31, 2014)

So have had a residential customer question our indemnity clause asking that we indemnify them is case of personal injury or property damage. Since this person only want to pay for snow removal and no salt we feel that the injury to person, we can not be responsible. Plus their home owners insurance would cover this incident. Nor do we believe that items like sprinkler heads next to the driveway should be our responsibility if they get damaged. 

From what I told by the customer they have had a previous company damage their garage and it took them some time to fix it. 

I am just wondering how others would handle this situation and how often other company indemnity the customer?

Currently we are reviewing our terms and condition with an attorney. 

Below is our Indemnity clause;
Client agrees to indemnify, defend and hold harmless Contractor, and its officers, employees, directors, representatives and agents (each, an “Indemnified Party”), from and against any and all claims, losses, settlements, fines, liabilities, damages, deficiencies, costs or expenses (including interest, penalties and attorneys' fees and disbursements) (“Damages”) suffered, sustained, incurred or required to be paid by any such Indemnified Party due to, based upon, arising out of, in connection with, or otherwise in respect of: (i) the performance of the Services contemplated hereby or otherwise as a result of any acts or omissions by Client, its employees, agents, representatives and clients, (ii) failure by Client to perform its obligations under this Agreement, or (iii) enforcement of this paragraph. This paragraph shall survive the termination of this Agreement.

Thanks
Matt


----------



## Herm Witte (Jan 27, 2009)

Indemnification and property damage caused by a contractor are two different issues.


----------



## mcprop (Jan 31, 2014)

Please explain your view point.


----------



## Mr.Markus (Jan 7, 2010)

Have your insurance company write your contract. Its them you are trying to protect.
When/if they submit one to you see how many clients will sign it...


----------



## Mark Oomkes (Dec 10, 2000)

Residentials don't get salted around here. 

I'd walk away if it's that big of a deal to them.


----------



## Luther (Oct 31, 2007)

Most of us have seen that exact same verbiage verbatim hundreds if not thousands of times. With the exception of the tail end of that clause. I can't believe you actually paid a lawyer for that.



mcprop said:


> Please explain your view point.


 I don't mean to speak for Herm, but I'm sure he's referring to the tail end of your clause. So you believe you shouldn't be held responsible for damages as a result of doing your job, and not being responsible whether or not you even show up to do the job?


----------



## Freshwater (Feb 28, 2014)

I don't mean to speak for Herm either... but...
Indemnification and property damage caused by a contractor are two different issues.

Please explain what obligations your customer has in the action of you removing their snow from the driveway?


----------



## FredG (Oct 15, 2012)

Mark Oomkes said:


> Residentials don't get salted around here.
> 
> I'd walk away if it's that big of a deal to them.


It's a red flag.


----------



## ktfbgb (Jan 31, 2016)

How can you say that you dont believe that you should be responsible for damages you directly cause? If you believe that you are going to slide into their garage door, and can not mitigate the problem, then pass on them as a customer.

You are asking the client to say its ok to do doughnuts in their yard with your truck or that you can rent a jackhammer to remove the ice on the drive, and if you take the concrete out along with the ice, oh well.

The only time its reasonable to have them sign a damage waiver, which is different than indemnification for third party accidents, is if they insist on snow being stacked in a certain location for example, after you have expressly informed them there is a high risk of damage resulting from what they are asking. 

You cant get out of responsibility for negligent damage reguardless of what your contract says.


----------



## Herm Witte (Jan 27, 2009)

mcprop said:


> Please explain your view point.


 Luther explained it for you. Thanks for stepping in. I was on the road and could not reply.


----------



## MSsnowplowing (Nov 1, 2012)

My indemnification clause:

*Indemnification*
To the fullest extent permitted by law, the Client shall indemnify, defend and hold harmless the Snow Contractor, employees and subcontractors from and against any and all liabilities, costs, damages, and expenses for injuries or damage to persons or property resulting from any cause related to contractors work in, on or about the clients premises unless caused by the gross negligence of the snow contractor, contractor employees and subcontractors.

The Client shall also indemnify, defend and hold harmless the Snow Contractor, employees and subcontractors from and against any and all liabilities, costs, damages, and expenses (including without limitation attorneys' fees and other costs of defense) for injuries or damage to persons or property which occur while Snow Contractor is not physically on premises while they are not in performance of their duties on days there are no Snow Storms.

Mainly covering slip and falls or say they slide into their own garage door.

Or say they leave a bike out in the roadway or driveway and it is covered in snow and we damage it because we didn't see it, not our fault.

Otherwise if we were to do damage then we fix the damage unless it was the fault of the client.

Just good business practice.


----------



## Freshwater (Feb 28, 2014)

MSsnowplowing said:


> My indemnification clause:
> 
> *Indemnification*
> To the fullest extent permitted by law, the Client shall indemnify, defend and hold harmless the Snow Contractor, employees and subcontractors from and against any and all liabilities, costs, damages, and expenses for injuries or damage to persons or property resulting from any cause related to contractors work in, on or about the clients premises unless caused by the gross negligence of the snow contractor, contractor employees and subcontractors.
> ...


Yours is fine, his is not.


----------

