Snow Removal Services Agreement
Effective Date: The date of purchase as specified at TahoeIslandSnowRemoval.com (“the Website”).
This Snow Removal Services Agreement (“Agreement”) is entered into by and between TahoeIslandSnowRemoval.com (“the Company”) and the customer identified in the Website Order Sheet (“the Client”). Both parties agree to the following terms, intending to be legally bound:
1. Introduction
1.1 Scope of Agreement
This Agreement governs all snow removal services (“Services”) provided by the Company to the Client, as described in the Website Order Sheet. By purchasing snow removal services on the Website, the Client acknowledges and accepts the terms and conditions set forth herein.
1.2 Digital Contract
By purchasing Services through the Website, the Client agrees to a digital contract. There are no physical documents or signatures required. Completing the checkout process and submitting payment constitutes the Client’s acceptance of these terms in their entirety.
2. Services
2.1 General Services
- Provision of Services: The Company agrees to provide the labor, supervision, materials, and equipment necessary to perform snow removal services as detailed in the Website Order Sheet. These Services will be offered at prices and for the duration indicated on the Website at the time of purchase.
- Responsibility for Requesting Services:
- Unless otherwise stated in the Website Order Sheet, the Client is responsible for determining when Services are needed due to snow or ice accumulation. The Client must inform the Company in a timely manner.
- If the Client fails to request Services promptly, the Company is not liable for any damages resulting from such a delay, and the Client agrees to indemnify and hold the Company harmless against any related claims.
- If the Website Order Sheet delegates the responsibility of determining service necessity to the Company, the Client agrees to abide by the Company’s reasonable assessment.
- Suspension or Modification of Services:
- If the Client wishes to suspend or modify the agreed Services, they must submit a written request to the Company.
- The Company will continue performing Services under the existing Agreement until both parties mutually agree to revised terms.
- The Company will strive to accommodate modification requests in a timely manner, subject to weather conditions and legal constraints.
2.2 On-Demand Snow Removal Service
- Non-Contractual Nature: Our on-demand snow removal service is activated upon purchase and is fulfilled on a first-come, first-served basis, with a typical completion window of 1 to 24 hours, depending on snow volume and other conditions.
- Same-Day Priority: We attempt to complete most on-demand orders on the same day; however, unforeseen factors such as natural disasters, heavy snowfall, traffic, and other circumstances may cause delays.
- Rapid Response Upgrade: Clients needing guaranteed expedited service may choose our Rapid Response Snow Removal package for faster turnaround times.
2.3 Rapid Response Snow Removal Service
- Priority Placement: Orders for Rapid Response service are placed at the top of our queue. The typical arrival time is within one hour of purchase, but may exceed one hour under extreme conditions (e.g., exceptionally high snow load, road closures, natural disasters).
- Commitment to Urgency: The Company treats Rapid Response orders with the highest priority and will make all reasonable efforts to fulfill them as swiftly as possible.
2.4 Prepaid Snow Removal Service
- Upfront Payment: Clients pay in advance for a set number of snow removal sessions (e.g., 5 or 10 sessions).
- Service Trigger: When snowfall reaches 4 inches or more, we dispatch a provider to the Client’s property.
- Completion of Services: Once the allotted sessions are used, no additional visits will be made unless the Client purchases another package.
- No Rollover: Unused sessions do not carry over to subsequent winter seasons.
- GPS/Photo Documentation: All Services include GPS tracking and photographic or video evidence for transparency.
2.5 Seasonal Snow Removal Service
- Overview: Seasonal contracts cover a set period (e.g., an entire winter season) with recurring visits whenever snowfall reaches a threshold of 4 inches.
- No Guaranteed Arrival Time: While we endeavor to provide timely snow removal once the 4-inch threshold is met, we do not guarantee any specific arrival time. The Client acknowledges that unpredictable factors such as holiday weekend traffic, road closures, snow removal backlogs, power outages, downed trees, and other unforeseen circumstances can significantly delay service.
- Client Acknowledgment: By opting for a seasonal contract, the Client acknowledges and agrees that actual service times may vary. The Company is not liable for any damages, losses, or inconveniences arising from service delays or incomplete removal if conditions prevent timely access.
- Trigger and Route: Once snowfall is measured or deemed to be at or above 4 inches, the Company will place the Client’s property on the service route. However, the Company makes no representation or warranty as to how quickly the route can be completed.
2.6 Low Priority Work
- Definition: Low priority snow removal tasks may include, but are not limited to, clearing decks, walkways, stairs, car snow removal, mailbox access, street widening, and similar services.
- Prioritization: The Company prioritizes driveway snow removal for all Clients as the most critical task to ensure vehicular access and safety.
- Scheduling: Low priority tasks are performed only after the Company has completed all driveway clearings. The Company will circle back to address these lower-priority requests once driveways are cleared, subject to weather conditions, staff availability, and operational constraints.
- No Guaranteed Time: The Client understands and acknowledges that there is no guaranteed specific timeframe for the completion of low priority tasks. Delays may occur due to high service demand, extreme weather, or other unforeseeable factors.
- Client Acknowledgment: By requesting or purchasing low priority services, the Client agrees to the above scheduling and prioritization procedures.
3. Payment
- Immediate & Upfront: Payment for all online orders is due immediately.
- Receipt: A receipt summarizing the Services purchased is available on the Website.
- Additional Fees: If conditions arise that require additional work or visits beyond the scope of the selected package or contract, extra fees may apply, subject to prior notification and mutual agreement.
4. Indemnity
- General Indemnification: The Client agrees to indemnify, defend, and hold harmless the Company, its officers, employees, directors, and agents from any claims, losses, liabilities, or expenses (including attorney fees) arising out of or related to:
- The performance or non-performance of the Services;
- The Client’s failure to fulfill its obligations under this Agreement;
- Enforcement of this indemnity clause.
- Survival: This indemnification obligation survives the termination or expiration of this Agreement.
5. Definition and Scope of Snow Removal Services
- Completion Policy: A job is considered complete once our team finishes clearing snow at the property.
- Additional Snowfall: If more snow falls after a completed job (e.g., later the same day or overnight), we do not automatically return unless the Client has:
- Purchased a package that includes next-day or additional return visits, such as Storm Guard™ or a Prepaid package; or
- Placed a new order for on-demand removal.
- Flexibility: For continued or persistent storms, Clients may request next-day services or utilize Prepaid packages to ensure timely follow-up visits.
6. Excessive Winter Weather Policy
This policy applies to All Season Packages (Driveway Only and Premium) where unusual snowfall exceeds typical seasonal averages.
6.1 Coverage
Seasonal packages generally cover up to 20 clearings per winter season, which is designed to accommodate average snowfall amounts.
6.2 Additional Services
If more than 20 visits are required due to extraordinary snowfall, additional services may be necessary.
6.3 Discounted Rates
Services beyond the included 20 clearings will be billed at a 50% discount off the standard single-service rate.
6.4 Notification and Agreement
The Client will be informed in advance if their property is nearing the 20-visit threshold. Additional services will only be provided with the Client’s consent to the discounted extra charges.
6.5 Monitoring
The Company monitors weather patterns and snowfall to ensure fair application of this policy.
6.6 Commitment to Service
We aim to maintain transparency and fairness, ensuring the Client’s property remains accessible despite extraordinary winter conditions.
7. Damage Policy
7.1 Property Damage and Repairs
- Special Attention Items:
- At checkout, the Client must specify any items or areas requiring special care (e.g., delicate landscaping, external fixtures).
- If such items are not reported at checkout, they are excluded from repair coverage under this policy.
- Repair Commitment:
- If we cause damage to any reported items, the Company will undertake necessary repairs to restore them.
- Normal Wear and Tear:
- Snow removal can be harsh on driveways, landscapes, and external property elements. The Client acknowledges that scratches, marks, or minor cosmetic damage (e.g., from chains, blowers, or plows) are considered normal wear and tear.
- Driveway Substrates: Certain materials (pavers, older asphalt, coatings, etc.) may be more vulnerable to snow removal equipment. The Company is not liable for damage resulting from standard snow removal operations on these surfaces.
- Environmental Factors: Properties in the Sierras are exposed to severe winter conditions. Over time, heavy snowfall and ice naturally contribute to property deterioration.
- Preventative Benefits of Snow Removal: While the snow removal process itself may cause some wear and tear, it helps prevent larger structural issues, ice build-up, and other hazards associated with excessive snow accumulation.
- Significant Damage:
- In the rare event of major damage beyond normal wear and tear—and not related to disclosed vulnerabilities—the Company will address the issue promptly per the Repair Commitment.
7.2 Third-Party Providers & Access Restriction
- No Liability for Other Companies: If the Client hires another snow removal company or any third-party provider, the Company is not responsible for any damages that third party causes to the property.
- Blocked/Refused Access: If the Client or a third party bars, restricts, or otherwise denies the Company from accessing the property (whether intentionally or unintentionally), the Company bears no liability for any resulting damages, unremoved snow, or other consequences. All risks, damages, or losses associated with inadequate snow removal or delayed service due to restricted access are the sole responsibility of the Client.
- Indemnification: The Client agrees to indemnify and hold the Company harmless from any claims arising out of the actions or inactions of any third-party provider, or due to the Client’s decision to revoke or limit the Company’s property access.
8. Stake Policy
8.1 Overview
Stakes are used to mark driveways and ensure accurate snow clearing. This is a standard industry practice.
8.2 Staking Process
- Placement: Stakes (approximately 5 feet in height, made of PVC) are placed a few feet off the road within the Client’s property line. They may carry Company contact details for identification.
- Opt-In at Checkout: Clients automatically opt into staking by accepting these Terms of Service. The Company installs stakes at the start of the season and removes them at season’s end unless the Client opts out.
8.3 Opting Out
- Customer Choice: The Client may opt out by indicating such in the order notes, by email, or by phone.
- Impact on Service: Not staking a driveway may affect the precision and quality of snow removal services.
8.4 Importance of Staking
Stakes help our team operate efficiently and minimize the risk of property damage by clearly delineating snow removal boundaries.
9. Digital Contract Agreement
By purchasing snow removal services from Tahoe Island Snow Removal, the Client acknowledges and agrees to a digital contract system. No paper contracts are mailed and no physical signatures are required. Completing the checkout process on the Website signifies the Client’s agreement to:
- The scope of services
- The payment terms
- All related terms, conditions, and policies included in this Agreement
For more details on our digital contract system, please refer to the full Terms & Conditions on our Website.
10. Additional Disclaimers
10.1 No Guaranteed Results
While we strive to remove snow efficiently, the Company makes no guarantees as to the amount of snow that will remain afterward or the condition of the property following snow removal. This includes potential residual ice, slush, or the re-freezing of cleared areas.
10.2 Weather and Traffic-Related Delays
The Company is not liable for any losses, damages, or inconveniences caused by delayed snow removal due to extreme weather, road closures, traffic jams, power outages, downed trees, or any other circumstances beyond the Company’s reasonable control.
10.3 Force Majeure
The Company is not responsible for any failure or delay in performing Services due to events beyond its reasonable control, including but not limited to natural disasters, acts of government, labor disputes, or other unforeseeable events.
10.4 Limited Liability
To the fullest extent permitted by law, the Company’s liability under this Agreement is limited to the total fees paid by the Client for the specific Services giving rise to the claim. In no event shall the Company be liable for any indirect, consequential, special, or incidental damages.
11. Conclusion
By purchasing and/or continuing to use the Company’s Services, the Client acknowledges having read, understood, and agreed to the terms and conditions of this Agreement. The Client further agrees that these terms are reasonable and necessary for the provision of Services under this Agreement.
Contact Information
For questions, concerns, or clarifications regarding this Agreement, please contact us:
- Email: tahoeislandsnow@gmail.com
- Phone: (530) 208-7489
- Mailing Address: 950 Emerald Bay Rd BOX #7088, South Lake Tahoe, CA 96158
Created: 01/01/2022
Updated: 10/18/2024
Updated: 02/01/2025
Acknowledgment
By completing the checkout process for any of our snow removal services, you, the Client, affirm that you have read and agree to these Terms of Service in their entirety.