# Damage and Liability Waiver example



## RyanGallant (May 24, 2018)

I am looking to put together a damage and liability waiver and I was hoping someone has an example of one they use that nI could look at to get started. Your help would be much appreciated!!


----------



## MSsnowplowing (Nov 1, 2012)

What are you doing?
Flag downs, residential or commercial

Flag downs -(I don't normal do them but I carry this just in case I'm in the mood)
*Indemnity / Hold Harmless Agreement*

This Indemnity / Hold Harmless Agreement is effective as of _____________________

With client ________________________ 
of _______________________________

For valuable consideration, the sufficiency of which is acknowledged and agreed to by the parties, the parties agree as follows:

1.
The Client agrees to indemnify and hold harmless the Contractor from any claim or liability arising from the following activity: SNOW PLOWING AND SANDING, any and all areas surrounding said area to be plowed and sanded.

2.
In the event of any claim or asserted liability against the Contractor arising from the above activity, the Client agrees to defend and hold harmless the Contractor from any loss or liability.

In the event the Client fails to indemnify / hold harmless the Contractor for any claim of liability arising from the activity described above, the Contractor has the right to defend or settle such claim on their own behalf and be fully reimbursed by the Client for all costs and expenses of such defense or settlement.

3.
This Agreement is the entire agreement between the parties. 
This Agreement is governed by the laws of the State of CT and any disputes will be tried in the appropriate federal or state courts located in New London County, CT.

In witness of this, the undersigned have executed this Agreement as of the day and year first written above.

*CLIENT Signature / Date:*

______________________

Residential I have this in the contract:
*Disclaimers*
The Client understands that plowing may not clear the area to "bare pavement" and that slippery conditions may continue to prevail even after plowing has occurred.

The Client understands that the Contractor assumes no liability for this naturally occurring condition.

The Client understands that snow plowing, by its very nature, involves pushing a steel blade over the surface of the pavement.

If your pavement is defective, deteriorated, weakened, frost heaved, or, was installed improperly, the results of this previous damage are more likely to appear after snow plowing.
Contractor is not responsible for any damages to pavement for these reasons.

It is the Contractor's policy to stay a minimum of (1) one foot away from garage doors and all vehicles parked in the plowing area.

If a vehicle is blocking the area to be plowed, the Contractor will only plow the open portion of the plowing area.

If the Contractor is called back to plow the remainder of the area where vehicles or debris had been in the way, the Client will be billed an additional charge for this, a cost of $50.00 an hour, minimum 1 hour.

The Customer is responsible for any damage to obstacles that protrude from the surface of the pavement that are not clearly Marked.

This includes utilities such as water shut offs, electrical boxes, sewer vents & clean outs and any other obstacles on or within 12" of the pavement.

The contractor will exercise reasonable care to avoid damage to pavement, grass, trees and shrubs.

However, the contractor is not responsible for any;
a.) Damage to landscaping caused by the piling of snow. 
b.) Damage to items that are snow-covered or not visible.

It is the Clients responsible to install marker stakes along the Clients driveway to help protect the lawn and other property from plow damage.

If marker stakes are not installed, Contractor is not responsible for any lawn damage

For Commercial:

*Disclaimers*
The Snow contractor will not plow within 1 foot from any parked vehicles, equipment or other obstructions in parking lots, driveways or other areas being cleared of snow.

Please attempt to move obstructions prior to our services being completed.

The Snow contractor is not liable for existing damage to pavement or other surfaces.

Plowing such pavement may further damage said surfaces but we will make every effort to avoid this.

The Snow contractor will exercise reasonable care to avoid damage to pavement, curbs, trees, and shrubs. However, the contractor is not responsible for any:
a.) Damage to landscaping caused by the piling of snow. 
b.) Damage to items that are snow-covered or not visible.

Depressed areas in pavement may accumulate snow that may not be able to be removed as well as snow that has been packed down by vehicle or foot traffic, the Snow contractor is not responsible for these accumulations but will do our best to remove them.

The Client understands that plowing or ice control of a particular location may not clear the area to "bare pavement" and that slippery conditions may continue to prevail even after plowing or ice control services have occurred.

The Client understands that the Snow Contractor assumes no liability for this naturally occurring condition. The Client is aware that weather conditions may change rapidly and without notice and that, the Snow Contractor assumes no liability for such changes in conditions.

The Snow contractor is not responsible for snow banks built up by town plows after service has been rendered, or ice that forms caused by melting and refreezing after requested services were originally provided.

The Snow contractor will put down boundary markers or flags on the property if we deem it necessary. If the Client wishes, they may put down their own boundary markers or flags

And

*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.


----------



## RyanGallant (May 24, 2018)

Thank you! That is what I was looking for. I wanted something I could keep in the truck for flag downs or last minute jobs.


----------



## The Snow Punishers (Sep 30, 2018)

I was gonna put mine up but his is way better nice job bro


----------

