# does anyone have an indemnification / hold harmless clause in their contracts



## rich414 (Jan 4, 2010)

Does anyone have an Indemnification / Hold Harmless clause in their contracts or a Mutual Limit of Liability? If so please post what you have in your contracts!! I need a go-by to cover my a$$.


----------



## Schnabel Plowin (Feb 14, 2010)

For places that don't want us to salt, we add an indemnification clause that says we aren't responsible for the slip and falls.


----------



## Banksy (Aug 31, 2005)

I will never understand the whole slip and fall BS. If you can't walk on ice and snow, stay the Frig' home! You can do your best plowing and salting, but there are no guarantees with weather and mother nature. 

There needs to be a nation wide ban on slip and fall claims because of weather conditions. I have slipped on ice that was on other peoples property and it never once dawned on me to make it an issue. I was mad at myself, not the property owner. 

However, a recently mopped store floor with no signs or whatever is another issue.


----------



## EdNewman (Jan 27, 2004)

Yes, we added it this season. No problems, all the customers signed it.


----------



## Red Bull Junkie (Nov 24, 2009)

Yes, in every contract. We also limit our property damage liability in our seasonal contracts to no more than the total yearly cost of the contract.


----------



## mypolaris1 (Nov 20, 2009)

I have it in all my contacts, salt or no salt...


----------



## pohouse (Jan 26, 2009)

Here's what I use. Recommend checking with a local lawyer.

"Limitation of Liability: The 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 items that are snow-covered or not visible. B) Personal injuries resulting from slip and fall accidents; and/or C) Acts of God, including but not limited to extraordinary weather conditions."

"Hazards: Customer is aware that plowing may not clear their property to bare pavement and that slippery conditions may prevail even after plowing. _XXX Inc_. assumes no responsibility for slip and fall accidents or vehicular accidents as a result of this naturally occurring condition."

For my residential customers, I give them two options for de-ice material. Yes they want it, or no they don't. If they refuse the application of de-icer, they check the box and initial. (Many put the de-icer on themselves.)


----------



## rich414 (Jan 4, 2010)

POHOUSE
I did have a lawyer write one. It was 2 pages of legal terms and it protected both parties, if was fair, but it was general, not snow specific, and it scared the SH$$ out of the client.. so I was hoping folks would post what they have (like what you did) written in layman’s language and maybe that verbage won’t raise flags!


----------



## Mick76 (Aug 2, 2009)

rich414;1366423 said:


> POHOUSE
> I did have a lawyer write one. It was 2 pages of legal terms and it protected both parties, if was fair, but it was general, not snow specific, and it scared the SH$$ out of the client.. so I was hoping folks would post what they have (like what you did) written in layman's language and maybe that verbage won't raise flags!


You WANT to have that verbage in the contract to cover your a$$........


----------



## cvwhr (Nov 11, 2009)

POHOUSE 
That is almost exact wording in our contracts and our lawyer wrote it.


----------



## rich414 (Jan 4, 2010)

here is an interesting website, This is similar to what my lawyer gave me, you will at least see the extent of the agreement and how this would scare someone away..
you dont need to fill in anything, just hit send or whatever is at the bottom of the page and you will get a sample of the agreement
http://www.lawdepot.com/contracts/hold-harmless-agreement/


----------



## swtiih (Nov 30, 2008)

interesting website


----------



## Bighammer (Aug 20, 2003)

Is an Indemnification / Hold Harmless clause in addition to or instead of insurance? The reason I'm asking is that I plow as a friendly neighbor for a few people, but a nearby business had me plow for them for part of the season last year when their equipment broke down. 

They contacted me about plowing for them for this year, but insurance coverage to do just one customer is crazy expensive. One insurer suggested a hold harmless agreement, so here I am reading all I can....


----------



## CowboysLC_DE (Aug 17, 2013)

Bighammer said:


> Is an Indemnification / Hold Harmless clause in addition to or instead of insurance? The reason I'm asking is that I plow as a friendly neighbor for a few people, but a nearby business had me plow for them for part of the season last year when their equipment broke down.
> 
> They contacted me about plowing for them for this year, but insurance coverage to do just one customer is crazy expensive. One insurer suggested a hold harmless agreement, so here I am reading all I can....


You have two HD diesel trucks with commercial grade plows and you're trying to state that you're only doing yours and a couple neighbors? Are you using the Kubota for snow as well?


----------



## Bighammer (Aug 20, 2003)

CowboysLC_DE said:


> You have two HD diesel trucks with commercial grade plows and you're trying to state that you're only doing yours and a couple neighbors? Are you using the Kubota for snow as well?


LOL, why would I drive some Hemi POS when I can have a Cummins? (had to mess with you a bit )

Yup, why would that be so hard to believe? the road I live on is what the county has designated as a "seasonal road"... It's unclear what their season really is. It was basically a Jeep trail when we bought the property, and I had to grade and trim/remove some trees to get building materials up here.

County came thru with a motor grader about 10 or 12 years ago. I talked to the operator and he did a great job; nice crown, slight bank on curves. Then 2 days later some clown in a county dump truck with belly plow came thru and totally ****ed it up. I had it all ready for the winter season a couple weeks ago, but came home from a road trip to find they had graded and removed the crown and created a trough on top of the roadbed. Some idiot in the motor grader had no clue WTF he was doing.Of course, it was after leaves were falling, so re-grading is a big PITA; leaves tend to clump up and make a big mess of things.

I plow a mile of road and 6 neighbors, (most are seniors) just because I'm a good neighbor. I also plow the driveway of a single woman a couple miles away, who tutored my kid in high school. (she doesn't pay me either) Sure, I might get a holiday card with a cash donation or some cookies, but since I'm not billing any of them, insurance guy says I'm good.


----------



## CowboysLC_DE (Aug 17, 2013)

Okay, well plowing a few miles of country road and your long neighbors drives would need commercial grade equipment. 
As far as any clause goes, you'll still get drug into court if something goes wrong. Run it by a lawyer but I would advise switching one of the trucks to a commercial policy with snow plowing included if at all possible. Commercial coverage is A LOT cheaper for me then my regular auto policies I previously had (clean record). That savings will cover part of the extra insurance for snow plowing coverage.


----------



## Bighammer (Aug 20, 2003)

The '15 Cummins is really a replacement for the '03 that is rusting away (even oil pan rusted thru) and has so many warning lights lit on the dash, I probably wouldn't notice a new one.

The tractor doesn't get much use except when it's really deep, wet and heavy, or drifting.


----------



## framer1901 (Dec 18, 2005)

CowboysLC_DE said:


> You have two HD diesel trucks with commercial grade plows and you're trying to state that you're only doing yours and a couple neighbors? Are you using the Kubota for snow as well?


Traverse City gets your yearly average snowfall on one day the week of Thanksgiving sometime between breakfast and lunch.

I'd ask whomever you'd be plowing for to see if they can add you on their policy in some way or another. We add vendors and just charge them the coverage rate - for liability, not auto.


----------



## Bighammer (Aug 20, 2003)

Of course, we got snow last night and today and they were calling me to plow. I had to tell them to find somebody else. 

First of all, it's a winery with tasting room, so it's quite possible that their customers might be a bit tipsy. Second, my wife is a physician, so I would think if lawyers could fly, they'd have been circling overhead.


----------

