# New Contract



## Got Snow (Jan 21, 2003)

Hey all,
Back for another season. I have revised my contract and would like some feed back on it. It is not done, however the content should remain as shown, the remaining details are just for appearance.

Take a look and opine!



PS-FAQ section under construction


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## Snoworks (Jan 22, 2002)

Can you show us the back side of the contract!

I am assuming this contract is for residential driveways. From what I see on your contract, as is, you are leaving yourself open in many areas. 

-One being damages - what you are responsable for and what you are not responsable for. 
-Also, what are your contract starting and ending dates. 
-Need something in contract explaining that you dont remove snow from property. - If needed it is extra.
-Always good to throw in explanation of how service will be performed if cars are parked in areas to be plowed. - Saves alot of calls down the road.

Chuck B.


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## Got Grass? (Feb 18, 2001)

Got Snow, check your Pm's


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## Santo (Sep 3, 2003)

What will you charge for 7.5" , 12" , 15" and over 2' ? Very confusing.


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## JohnnyU (Nov 21, 2002)

Have you finished and/or revised this contract? I'm curious to why you have an FAQ section, or at least whats defined in it.


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## Got Snow (Jan 21, 2003)

*Update*

Thanks for all your replies and opinions.

The front side has been revised a bit:
added 24hr period in service, changed some wording in payment

The back side is posted and is a rough draft.

I like the FAQ section because it targets specific situations I've had and is direct.

thanks

ps-both sides in 1 file


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## wyldman (Jan 18, 2001)

To many different levels of service,it's too confusing.A lot of the amounts overlap,so if you decide to charge the higher amount,then the customer will complain and question why.

Put the actual dollar amounts beside each level of service.Too much math required to figure out the cost.

A blizzard or extreme snowfall clause is needed.

Add something about snowfall timing.If it snows at 6 am when is the driveway going to be completed.Otherwise you will have people expecting it done a 7 am when they go to work.

Add a place for a sketch of the property\driveway and where the snow is supposed to go.Then both you and the customer have a better idea of what needs to be done.

Like mentioned above,something rearding damages to grass\landscaping,and what will be done about it.


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## Got Snow (Jan 21, 2003)

the different levels of service are there for different snow storms.
they allow me to be somewhat flexable (ie. wait for one 12" plow get charged 1 1/2 times as opposed to 12" 2 viists 2 charges)

many drives have a different price. to avoid confusion with a million prices, i fill in the base charge. i may even hand write the amounts to the right.

in my opinion, the extreme snowfall is all spelled out. service goes up to 24" in 24 hours. piles, banks, windrows etc moved at additional charge per their request (FAQ)

i purposely left out and timing clause. i had one last year and i found everyone has a different time to goto work.

damages are handled on an individual basis. i dont even like damages refered to on my contact at all.

thanks,

ken



> _Originally posted by wyldman _
> *To many different levels of service,it's too confusing.A lot of the amounts overlap,so if you decide to charge the higher amount,then the customer will complain and question why.
> 
> Put the actual dollar amounts beside each level of service.Too much math required to figure out the cost.
> ...


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## JohnnyU (Nov 21, 2002)

I also think that you need to mention something limiting your liability. If not, you leave yourself open o any damages that may occurr during the winter, whether you caused them or not....

Also, I think the FAQ section is a good idea, however, I would include all of that in the contract portion itself, and phrase them as conditions of the contract, instead of questions and answers. Something like "the customer agrees to make every feasable effort to keep the locations free of obstructions, such as cars, trash cans, etc. Only areas that are unobstructed will be serviced." I had some help from another member in writing a clause about the slippery conditions that may still be there. They should also agree that they realize plowing may not remove snow to barepavement, they will acknoledge that these slippery conditons maybe present, and that you are not responsible for damages caused by this. personal, property, or otherwise.

Just a few pointers from someone that doesn't really have _that_ much experience with contracts. I want to cover all my bases the first time, meaning, a longer contract (more words and description) may save you in the case of a slip and fall, or it will tell them that you are going to pay for the garage door that you destroyed, things like that. It is supposed to protect you, and your customer, besides, it's really your only proof that you have showing what you are supposed to be doing there.

Also- Mark the driveway yourself, only you know what to look for, and it will give you a better chance to explain how that will effect the placement of snow piles.


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## wyldman (Jan 18, 2001)

> _Originally posted by Got Snow _
> *the different levels of service are there for different snow storms.
> they allow me to be somewhat flexable (ie. wait for one 12" plow get charged 1 1/2 times as opposed to 12" 2 viists 2 charges)
> 
> ...


I still think you'd be better off the be more definite on pricing for different snowfall amounts.According to your contract,you could charge 3 different prices for 12" of snow.If your base price is lets say $100.00,then you could charge $150.00,$200.00 or $400.00.That's a pretty wild price variation.If I was the customer,I'd be screaming if you charged me $400.00 when you could have charged me $150.00.Imagine if your bank set up your mortgage that way.Would you sign it ? No way !

Not trying to nitpick at you,just trying to point out any possible problems which could be rectified.


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## Got Snow (Jan 21, 2003)

> _Originally posted by wyldman _
> *I still think you'd be better off the be more definite on pricing for different snowfall amounts.According to your contract,you could charge 3 different prices for 12" of snow.If your base price is lets say $100.00,then you could charge $150.00,$200.00 or $400.00.That's a pretty wild price variation.If I was the customer,I'd be screaming if you charged me $400.00 when you could have charged me $150.00.Imagine if your bank set up your mortgage that way.Would you sign it ? No way !
> 
> Not trying to nitpick at you,just trying to point out any possible problems which could be rectified. *


all of my customer are residential. avaerage driveways run $30-$50 base charge, so this variance isn't quite as great.

the overlaps exist to simplify the explanation of the unknown. you know as well as i that there isn't one scenario for a 12" snowfall, so why price it that way? by the way 3 different services=2 different prices (with the high of $200 in your example)
dont you charge twice for two visits?

as far as the mortgage......compare apples to apples. with a mortgage everything is a known value (incl adj rates)

thanks for nit picking
cheers,
ken


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## wyldman (Jan 18, 2001)

Yes,I would charge twice for two visits,IF charging per push.If your charging in increments,then I would charge one price for a certain amount of snowfall,regardless if we plowed it once,twice,or three times.


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## CPSS (Mar 15, 2002)

Here is one clause from my contract regarding damage and liability:

"It is the responsibility of the contractor, (CPSS Electric) to provide initial winter storm work such as snow plowing, road salting, calcium chloride applications, clearing of entrances and exits to parking lots.
The contractor will not be responsible for salt or plow damage to sod, trees or shrubs, nor scratches or scrapes in asphalt or concrete surfaces. The contractor cannot assume liability for any salt or calcium chloride damage to concrete, black top or wood. Management must notify contractor within 48 hours of any other damages. Failure to report damages constitutes a waiver and the contractor is released from liability."


This was given to us during a safety audit by our insurance carrier. There are more parts to our contract if anyone wants to use them let me know.


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## Snow Jaw (Aug 17, 2003)

> _Originally posted by CPSS _
> *Here is one clause from my contract regarding damage and liability:
> 
> "It is the responsibility of the contractor, (CPSS Electric) to provide initial winter storm work such as snow plowing, road salting, calcium chloride applications, clearing of entrances and exits to parking lots.
> ...


hey, hi.. could you share me the contract so I know what is need. I just move to a city with my snow plow. so I am 't getting in to plowing right now so I am't sure yet. need to get ready do a contract and terms and agreements before I do any plowing business.
thanks 
send me on e mail if you can.


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## CPSS (Mar 15, 2002)

I'd be happy to email it to anyone, just remember, it was reviewed by our attorney and insurance carrier in *New York State* , it may not be legal or enforceable in other states. In fact, in some states it may do you more harm than good....


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## Joe3113 (Jan 9, 2003)

CPSS
I would love to take a look at a copy of your contract. If you can please e-mail it to me. Thanks in advance..


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## Little Jay (Dec 12, 2001)

Well you ask for an opinion, so here's another...
Your contract is ok for a first draft or for someone you realy trust.
If the home owner lays out four bids on the counter along with a cup of coffee and looks at yours, a bit of work is required. Dont shy away away from being specific and overly clear. The clarity of your bid will make yours more desireable.
Also, regarding what you put on back-the q&a is nice, but consider having a section, away from the bid prices, that cover everything that a contract should have. If you dont spell it out, they will sue. Grandma Moses, who is always in a bad mood and is never happy with her driveway will have a son who sues you cause she slipped and broke her hip after you plowed and your contract said nothing about not gauranteeing a slip free surface-or so the stories go.
Looks OK, but you can refine it a bit.


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## micah79 (Aug 31, 2003)

Snow Jaw I "am't" follwing what you want? I do suggest cleaning up your adverbs before writing a contract though.


Don't take it personal, I'm just messing with you. PM me and I will try to help you out.


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## CPSS (Mar 15, 2002)

Here's our contract for anyone interested.


CPSS Electric

Snow Removal Agreement

2003-2004

SNOW REMOVAL / DE-ICING PROGRAM

CONTRACTOR AND MANAGEMENT RESPONSIBILITY

It is the responsibility of the contractor, (CPSS Electric) to provide initial winter storm work such as snow plowing, road salting, calcium chloride applications, clearing of entrances and exits to parking lots.
The contractor will not be responsible for salt or plow damage to sod, trees or shrubs, nor scratches or scrapes in asphalt or concrete surfaces. The contractor cannot assume liability for any salt or calcium chloride damage to concrete, black top or wood. Management must notify contractor within 48 hours of any other damages. Failure to report damages constitutes a waiver and the contractor is released from liability.

Management understands that if sidewalk snow removal is included in contract, sidewalk crews may not safely work if temperatures and wind conditions combined make chill factors below 0° degrees Fahrenheit. Management understands the contractor reserves the right to stop working in these severe conditions so as not to force unsafe working conditions upon its employees.

Contractor must always be notified whenever additional snow work of any kind is required by the management after the initial clearing has been done.

CPSS Electric will exercise its best judgment for the services needed based upon weather forecasts and existing conditions at the time. Customer is aware that weather conditions in the area may change rapidly and without notice. Changes in weather conditions are considered to be an "Act of God" and CPSS Electric assumes no liability for Acts of God.

Contractor assumes no responsibility for vehicles parked illegally or in areas that the contractor has stated to the management to be in a location that causes a hazard or impedes performance of our work
CPSS Electric
Snow Removal Agreement
2003-2004 Season
Page 2

It is understood that depending on the length and severity of the ice or snowstorm that that it may take the contractor varying amounts of time to fulfill all work covered under the contract.

Contract specification pages shall become part of this agreement.

Customer understands that plowing, shoveling or salting of a particular location may not clear the area to "bare pavement" and that slippery conditions may continue to prevail even after shoveling and plowing (or application of salt). Customers understands that CPSS Electric assumes no liability for this commonly occurring condition. Customer agrees to defend and hold harmless the contractor for any and all trespasses or suits that may arise as a result of this commonly occurring condition.

This contract is cancelable upon written notification by either party. Monies invoiced or due for services rendered are due and payable upon such cancellation.

EXPLANATION OF SPECIFICATION

Snow plowing and shoveling coverage begins when approximately 3" of snow has fallen. This applies to both seasonal and per hour contracts.

Periodic Plowing, salting or shoveling is defined as follows: These services will be done every few hours during an active storm depending on the snowstorm's severity to clean or salt those areas specified in the contract.

Calcium chloride and salting coverage begins when snow or icing begins and will continue at periodic intervals throughout the storm. This applies to both seasonal and per hour contracts. Pre-salting coverage begins prior to start of precipitation.

Per hour and per application prices are listed on the attached estimate. For per hour contracts, you will be charged traveling time to and from your site. There is a minimum charge of two hours per man for each person or piece of equipment with an operator used.

Per hour/per application payment terms: You will be billed after each storm. Payment is due within 15 days from date of invoice. Snow coverage begins November 1st through March 31, each season.
CPSS Electric
Snow Removal Agreement
2003-2004 Season
Page 3

We Propose hereby to furnish material and labor - complete and in accordance with above specifications, for the price detailed in the attached estimate.


Per plowing, All Charges Are Subject To New York State Sales Tax.





Date: 

Name :	
Company: 

Signed:




 ADDITIONAL EQUIPMENT AND RATE SCHEDULES ARE AVAILABLE IF NEEDED.
 Please Sign and return!


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## Little Jay (Dec 12, 2001)

cpss
i like.
it's similar to ours-verbaitem in spots.
you added some much needed sentances regarding your working conditions. thats great for insurance too


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## Got Snow (Jan 21, 2003)

*Done finally!*

CPSS-your contract looks good.

i have completed what i think is the final revision of my contract.

everyone is welcome to look and opine.

(i can't upload my file....i'm sure some formatting will be lost)

:yow!:

S N O W P L O W I N G B Y
KEN KAUZENS
5 0 8 - 5 6 1 - 9 9 4 0

Thank you for choosing Ken Kauzens (here within referred to as "Got Snow") for your snowplowing needs for the 2003-2004 season. Please read and understand the Terms of Agreement section below and the FAQ section on the reverse side and then sign in the space provided at the bottom.

Terms of Agreements:

Type of service: 0"-3" of snow= no service
A)	3"-7" of snow= 1 visit at base charge
B)	8"-12" of snow= 1 visit at 1 ½ times base charge
C)	12"-16" of snow=1 visit at 2 times base charge
D)	6"-16" of snow= 2 visits at 2 times base charge
E)	16"-24"of snow=2 visits at 3 times base charge
F)	16"-24"of snow=3 visits at 3 times base charge

Actual service provided is solely at the discretion of Got Snow and is dependent on many factors such as (but not limited to) time of day, temperature and precipitation rates. Billing cycles are based on a 24hr period. Fractional amounts rounded up.

Location of service:

Name: ___________________________________________

Address: _________________________________________

Areas to be plowed: ________________________________

Base Charge $____________

Payment:
Cash or personal checks are accepted. Please make checks out to Ken Kauzens.
Payment is due within three (3) days of service. Your cooperation is appreciated. Mail payment to 249 Lumber St. Hopkinton, MA 01748 or call for pick up. Many customers pay through their on line banking.

I have completely and fully read, understood and agree to the Terms of Service as stated above, including the Payment paragraph, and the FAQ section on the reverse side. By signing and printing my name I assume all responsibilities and payments at the Location of Service as stated in Terms of Agreement.

_____________________________	_____________________________ _______
Sign name here Print name here Date

FAQ
This section is part of the Terms and Agreements.

1.	Q. What is included in your service?
A. Expert Snowplowing

2.	Q. What is not included in your service?
A. Shoveling, sanding, salting, re-plows, touch-ups, use of other equipment including to move snow banks/piles, auto recovery/towing, jumpstarting. Arrangements can be made for these services.

3.	Q. Do I have to worry about you showing up when it snows?
A. No. By signing the front, service will be provided automatically as stated in the Contract. The 
2003/2004 Contract starts at the first snowfall, ends at the last snowfall.

4.	Q. Do I need to mark my driveway?
A. This is helpful. Just a few markers are needed. Please point out other obstructions.

5.	Q. Will you move my newspaper / trashcan / kid's toys.
A. For best results, please keep the area clear. Quality of service cannot be guaranteed otherwise.

6.	Q. My car is parked in the driveway / I can't make it up the hill. What happens?
A. We will do our best to plow around or up to the car or obstruction. We can coordinate our timing with the moving of your car if you call ahead.

7.	Q. You just plowed. I have snow in front of my garage / walkway. Will you re-plow?
A. No. We carefully plow as close as we can to your garage / walkway.

8.	Q. You just plowed. My driveway still is slippery / has ice. Will you re-plow?
A. No. The Terms of Agreements cover snowplowing only. It is your responsibility to manage slippery/icy conditions. Other services are available at an additional cost. (Salting, sanding, etc.)

9.	Q. You just plowed. There is still a thin layer of snow in some spots. Will you re-plow?
A. Got Snow can not/will not guarantee bare pavement after plowing. We do our best to minimize this.

10.	Q. Can you move the snow piles/banks so I can park, turn around or see better?
A. Yes at an additional charge. We do our best to manage the piles/banks through out the season to avoid this, however sometimes it becomes necessary.

11.	Q. Do you offer seasonal or monthly contracts?
A. Not at this time. You may choose to prepay your base charge (up to 5) to help 
eliminate paperwork and better manage your budget.

12.	Q. Do you repair landscape damage?
A. No. We do our very best to avoid damage, however, you should expect a little clean up in the spring. Please point out any permanent obstructions.

13.	Q. There are scrapes/ chips/ or peeling on my driveway. Will you fix it?
A. Got Snow will not be responsible for any "wear or tear" on asphalt, concrete, stone or any other type of driveway. "Wear and tear" includes but not limited to: scratches, scrapes, topcoat sealer peeling, and driveway cracking or fragmenting.

14.	Q. Is there anything else I should know?
A. Got Snow will not assume any responsibility for slippery or unsafe conditions. Use of plowed areas is at your own risk.

15.	Q. I don't like you anymore. Can I cancel?
A. Yes at any time. You must call or send request by mail. All outstanding charges due immediately.

16.	Q. To whom do I direct a question and/or a comment?
A. Please call Ken at 508-561-9940 anytime.


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## Santo (Sep 3, 2003)

Id sign you up in a heartbeat.

Double check your numbers in inch increments, a lawyer would have a ball with you.


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## wxmn6 (May 23, 2001)

CPSS - your contract looks good! Thanks. 

Got Snow - I think your pricing increment listing is way too confusing. To keep it simple, charge accordingly to amount of snowfall, regardless of how many times you have to plow.


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## micah79 (Aug 31, 2003)

I wouldn't put a faq in my contract. But thats jmo. I would just list conditions in paragraph format. You may want to still use the faq to give customers. It would be a nice touch of customer service. It just doesn't have the formality of my idea of a contract. However a contract does not have to be formal to be binding. I would also make the consideration more clear. The pricing seems kind of like you are trying to pull as fast one. I'm sure that you are not trying to do that, but you don't want a prospective customer to get that vibe.


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## CPSS (Mar 15, 2002)

What happens during that 7" storm that takes all day to accumulate? Do you just plow them when it stops snowing? I'd rather plow them 2 or even three times and get paid for each time.


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## motherslawn (Oct 13, 2003)

My two cents

We ONLY work for Commercial Customers.. Commercial work is steady.. Residential customers only complain.. "you showed up at 2" and I didnt need it", "you showed up too late", "You showed up too early"

Commercial customers, although are also demanding, are far less to question your methods or billing as long as the work is done. They have a better expectation what what is expected.

3 days payment too much to ask for.. we allow 30-45 days..

Increments too confusing.. Keep it simple..

We use

1-6
6-11
12+

ALL our contracts state PER 24 HRS.. We often get 2-3 day storms a 3 day storm is billed at 3 times..

Snow removal or if extra equipment is used is Extra.

Hand Work or Snowblowers is Extra..

For Instance.. Who is going to move that 1-2 inches of snow left just in front of Garage Door? I'm not getting out of my truck without extra pay. Your liability for slip and falls increase dramatically as soon as you get out of your vehicle for both you and your customer.


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## Got Snow (Jan 21, 2003)

*Does it get any sweeter?*

another "final" revision:

S N O W P L O W I N G B Y
KEN KAUZENS
5 0 8 - 5 6 1 - 9 9 4 0

Thank you for choosing Ken Kauzens (here within referred to as "Got Snow") for your snowplowing needs for the 2003-2004 season. Please read and understand the Terms of Agreement section below and the FAQ section on the reverse side and then sign in the space provided at the bottom.

Terms of Agreements:
Service starts with a minimum of 3" of accumulation. Got Snow will provide service according to the Types of Service below. Service overlaps provide greater flexibility and savings. The appropriate Type of Service will be billed per snowfall event per a 24-hour period.

Type of service: 0"-3" of snow= no service
A)	3"-7" of snow= 1 visit at base charge
B)	8"-12" of snow= 1 visit at 1 ½ times base charge
C)	12"-16" of snow=1 visit at 2 times base charge
D)	6"-16" of snow= 2 visits at 2 times base charge
E)	16"-24"of snow=2 visits at 3 times base charge
F)	16"-24"of snow=3 visits at 3 times base charge

Actual service provided is solely at the discretion of Got Snow and is dependent on many factors such as (but not limited to) time of day, temperature and precipitation rates. Service will be provided in a timely manner. Guarantees of exact times are not given. Fractional amounts rounded up.

Location of service:

Name: ___________________________________________

Address: _________________________________________

Areas to be plowed: ________________________________

Base Charge $____________

Invoicing
Our preferred method is via email. Those of you who don't have email, a receipt will be left or mailed to you. "Verbal" invoicing can be expected on past due amounts.

Primary Email: _____________________________________

Secondary Email: ___________________________________

Payment:
Payment is due within three (3) days of receiving invoice. Your cooperation is appreciated. Cash or personal checks are accepted. Please make checks out to Ken Kauzens. Mail payment to 249 Lumber St. Hopkinton, MA 01748 or call for pick up. Many customers automate payment through their on line banking service.

I have completely and fully read, understood and agree to the Terms of Service as stated above, including the Payment paragraph, and the FAQ section on the reverse side. By signing and printing my name I assume all responsibilities and payments at the Location of Service as stated in Terms of Agreement. Got Snow reserves the right to cancel any agreements made at anytime.

_____________________________	_____________________________ _______
Sign name here Print name here Date

FAQ
This section is part of the Terms and Agreements.

1.	Q. What is included in your service?
A. Expert Snowplowing

2.	Q. What is not included in your service?
A. Shoveling, sanding, salting, re-plows, touch-ups, use of other equipment including to move snow banks/piles, auto recovery/towing, jumpstarting. Arrangements can be made for these services.

3.	Q. Do I have to worry about you showing up when it snows?
A. No. By signing the front, service will be provided automatically as stated in the Contract. The 
2003/2004 Contract starts at the first snowfall, ends at the last snowfall.

4.	Q. Do I need to mark my driveway?
A. This is helpful. Just a few markers are needed. Please point out other obstructions.

5.	Q. Will you move my newspaper / trashcan / kid's toys.
A. For best results, please keep the area clear. Quality of service cannot be guaranteed otherwise.

6.	Q. My car is parked in the driveway / I can't make it up the hill. What happens?
A. We will do our best to plow around or up to the car or obstruction. We can coordinate our timing with the moving of your car if you call ahead.

7.	Q. You just plowed. I have snow in front of my garage / walkway. Will you re-plow?
A. No. We carefully plow as close as we can to your garage / walkway.

8.	Q. You just plowed. My driveway still is slippery / has ice. Will you re-plow?
A. No. The Terms of Agreements cover snowplowing only. It is your responsibility to manage slippery/icy conditions. Other services are available at an additional cost. (Salting, sanding, etc.)

9.	Q. You just plowed. There is still a thin layer of snow in some spots. Will you re-plow?
A. Got Snow can not/will not guarantee bare pavement after plowing. We do our best to minimize this.

10.	Q. Can you move the snow piles/banks so I can park, turn around or see better?
A. Yes at an additional charge. We do our best to manage the piles/banks through out the season to avoid this, however sometimes it becomes necessary.

11.	Q. Do you offer seasonal or monthly contracts?
A. Not at this time. You may choose to prepay your base charge (up to 5) to help 
eliminate paperwork and better manage your budget.

12.	Q. Do you repair landscape damage?
A. No. We do our very best to avoid damage, however, you should expect a little clean up in the spring. Please point out any permanent obstructions.

13.	Q. There are scrapes/ chips/ or peeling on my driveway. Will you fix it?
A. Got Snow will not be responsible for any "wear or tear" on asphalt, concrete, stone or any other type of driveway. "Wear and tear" includes but not limited to: scratches, scrapes, topcoat sealer peeling, and driveway cracking or fragmenting.

14.	Q. Is there anything else I should know?
A. Got Snow will not assume any responsibility for slippery or unsafe conditions. Use of plowed areas is at your own risk.

15.	Q. I don't like you anymore. Can I cancel?
A. Yes at any time. You must call or send request by mail. All outstanding charges due immediately.

16.	Q. To whom do I direct a question and/or a comment?
A. Please call Ken at 508-561-9940 anytime.


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## motherslawn (Oct 13, 2003)

nice job.. very clear in my mind.. I REALLY like your question answere part.


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## SteveVB (Oct 7, 2003)

Ken, 

In your payment section why don't you have anything about late payments, or returned checks, debt collection?
I don't have plow contracts/invoices, but on all my contracts and again on my invoices I have a 10 day payment clause with a 2% late fee after that, I also fill in the late date and amount on invoices " after xx/xx/xxx please remit $xxx.xx" so it is on the contract and the invoice. Make it simple for people to see how much they owe, or will owe. 
I also include a sentence about returned checks and the fees charged. Remind your customers that a returned check will most likely incur a late fee. You could address the late fee payment due to a returned check in the FAQ section. 
Would also be a good idea to include something about the customers responsibility to pay for any costs incurred to collect their money. Usually not needed, but like any contract clause if you don't have it when you need it - its too late. 
I rarely have to use them, but when I do need them I'm glad I can point to them. On larger contracts if you ever have to go to court you have to have them to ask for additional monies required to recover YOUR money.

I would have your atty look over it before you start using them. 


Good Luck


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