7 Clauses to Include
1. Term of Agreement
2. Description of Services
Also known as a “scope of work,” it describes the services provided by the contractor and often includes:
- Snow Removal – Whether plowing, snow blowing, or shoveling snow. Its “removal” can also mean transferring the snow to another location. The specific areas should be described, such as driveways, parking lots, and walkways.
- De-Icing – This refers to applying salt or other chemicals that cause snow and ice to melt even when temperatures are below freezing.
- Other – If there are any additional services, such as removing snow from rooftops, it should be mentioned in this part of the agreement.
3. “Snow Event Trigger”
A “snow event trigger” is a predetermined condition that defines when the contractor is required to perform their services.
A contractor can be paid in any of the following manners:
- Per Snow Event – No matter the snowfall amount, the cost for the contractor to remove snow and de-ice the property is the same.
- On an Hourly Basis – To pay a contractor based on the time spent removing snow on the property. This may or may not also include the cost of travel.
- Recurring Payments – For corporate accounts, it is popular for a contractor to be hired and receive recurring payments that are the same no matter how many snow events occur.
5. Client’s Inspection
This section allows for the client to reserve the right to inspect the property after the contractor provides their services. The main purpose of this inspection is to ensure the contractor doesn’t arrive too early during an expected snowfall.
6. Release of Liability
To protect the interests of both parties, each should have a clause that releases them of liability for circumstances outside of their control.
- Contractor’s Release – The contractor should not be liable for damage caused by larger winter storms, or “acts of God,” outside the contractor’s control.
- Client’s Release – The client should not be liable for injury to the client or their employees, subcontractors, agents, or individuals working alongside them. To further protect the client, they may require the contractor to maintain generic liability insurance.