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.
2.7 Definitions
For purposes of this Agreement, the following terms have the meanings set forth below. These definitions apply throughout this Agreement wherever the terms appear, whether singular or plural.
2.7.1 “Agreement”
This Snow Removal Services Agreement, including all sections, subsections, policies, and any documents incorporated by reference.
2.7.2 “Company”
TahoeIslandSnowRemoval.com, Tahoe Island Snow Removal, and its owners, officers, employees, agents, subcontractors, and assigns.
2.7.3 “Client”
The customer identified in the Website Order Sheet, including the property owner, tenant, property manager, HOA representative, or any person purchasing Services for a property.
2.7.4 “Website”
TahoeIslandSnowRemoval.com, including all pages, product listings, checkout pages, forms, and on-site communications.
2.7.5 “Website Order Sheet”
The specific order record created at checkout for the purchase, including (without limitation): the product/service selected, service address, package name, service type, trigger depth (if applicable), included visits (if applicable), service area description, add-ons, notes entered at checkout, price, and any written confirmations or updates issued by the Company for that order.
2.7.6 “Services”
All snow and ice-related work performed or arranged by the Company, including but not limited to snow removal, plowing, pushing, stacking, clearing, access clearing, and any add-on services listed in the Website Order Sheet.
2.7.7 “Service Area”
Only the specific area(s) expressly included in the Website Order Sheet (e.g., driveway only, driveway + turn-around, walkway add-on, mailbox access add-on, deck clearing add-on). Any areas not expressly listed are excluded.
2.7.8 “Service Window”
The estimated timeframe for completion associated with the purchased service type (including any stated ranges such as “1 to 24 hours”), beginning at the time of purchase (or as otherwise specified on the Website Order Sheet), and subject to modification due to weather, safety constraints, traffic, road closures, equipment limitations, staffing, routing, and other operational conditions.
2.7.9 “Trigger Depth”
The snowfall depth threshold associated with a purchased service package that uses a trigger (e.g., 4 inches), as stated on the Website Order Sheet, and as determined under the Company’s measurement method(s) and reasonable judgment.
2.7.10 “Measurement Method”
Any reasonable method the Company uses to determine snowfall amounts and/or trigger conditions, including but not limited to on-site observation, regional totals, local weather stations, NOAA reporting, radar estimates, and Company judgment. The Company’s determination is final for dispatch and routing purposes.
2.7.11 “Visit”
A single dispatch occurrence to the Client’s property for the purpose of performing Services.
2.7.12 “Completed Visit”
A Visit in which Services are performed to the maximum safe extent reasonably possible under the conditions at the time of service, including situations where full completion is limited by safety constraints, obstructions, access restrictions, vehicle placement, weather, or other conditions beyond the Company’s control.
2.7.13 “Attempted Service”
A Visit where the Company arrives at or reasonably attempts to access the property within the Service Window but cannot safely complete the Services due to obstruction, restricted access, unsafe conditions, vehicle placement, locked gates, downed trees, or other conditions beyond the Company’s control. Attempted Service constitutes a Completed Visit unless the Company states otherwise in writing.
2.7.14 “Commenced” or “Job Has Commenced”
Any point at which the Company has scheduled, dispatched, mobilized equipment/crew, arrived, attempted service, begun clearing, or otherwise made Services available within the Service Window. For avoidance of doubt, a job may be deemed commenced even if full clearing is prevented by conditions described in this Agreement.
2.7.15 “Obstruction” / “Blocked Access”
Any object, condition, or circumstance that prevents the Company from safely operating equipment or accessing the Service Area, including but not limited to vehicles, locked/blocked gates, trash cans, debris, trailers, snow piles, narrow clearances, downed trees, utility work, or unsafe surfaces.
2.7.16 “Low Priority Work”
Tasks that are not driveway-clearance–critical and that may be performed after driveway completion, including but not limited to decks, walkways, stairs, vehicle snow removal, mailbox access, street widening, and similar work as described in Section 2.6 and/or the Website Order Sheet.
2.7.17 “Ice Melt” / “De-Icing Products”
Any salt, de-icer, traction aid, or melting compound applied to snow/ice surfaces, whether purchased as an add-on or applied by the Company (if included in the Website Order Sheet).
2.7.18 “Documentation”
Operational records maintained by the Company, which may include GPS logs, timestamps, crew notes, route records, photos, and video used for verification, dispute resolution, customer support, chargeback defense, and legal purposes.
2.7.19 “Notice” / “Notify”
A communication sent by the Client to the Company using the official contact methods listed in Section 26 (Contact Information) of this Agreement. To be considered valid Notice, the Client should include (at minimum) the service address and order number (if available). Phone calls, voicemails, social media messages, and communications to non-official channels may not be monitored during storms and are not guaranteed to be received.
2.7.20 “Return Visit”
An additional Visit requested after a Completed Visit due to new snowfall, plow berms, drifting, refreeze, Client preference, or additional scope. Return Visits are not automatic unless expressly included in the Website Order Sheet or purchased separately.
2.7.21 “Hazards”
Any condition or item that may be concealed by snow and could be damaged or create unsafe conditions, including but not limited to drainage grates, curbs, speed bumps, pavers, decorative rock, landscape borders, lighting, irrigation, hoses, wires, or any fragile edge or protrusion.
2.7.22 “Commercially Reasonable”
A standard of performance consistent with what a reasonable snow removal contractor would provide under similar weather, access, and operational conditions, taking into account safety and equipment limitations. This does not mean perfection or bare pavement.
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. Chargebacks, Disputes, Legal Venue, and Service Addenda
11.1 Chargebacks & Payment Disputes (No Chargebacks Policy)
The Client agrees that initiating a credit card chargeback, bank reversal, ACH return, or payment dispute (“Chargeback”) for Services that were performed, attempted, scheduled, or otherwise made available under this Agreement constitutes a material breach of this Agreement.
Service Suspension: If a Chargeback is initiated, the Company may immediately suspend all current and future Services until the dispute is resolved and all balances are paid in full.
Company Costs: The Client agrees to reimburse the Company for all costs and fees arising from the Chargeback, including but not limited to payment processor fees, chargeback fees, administrative time, collection costs, and any related expenses to the fullest extent permitted by law.
Evidence Submission: The Client authorizes the Company to submit documentation to payment processors and banks, including photographs, videos, GPS logs, route records, communications, invoices, and timestamps, to contest Chargebacks and verify performance.
11.2 Dispute Resolution & Opportunity to Cure
The Client agrees that the proper procedure for any service concern is to notify the Company and allow a reasonable opportunity to cure (correct) before demanding refunds, disputing charges, or hiring a third party.
Service Issue Notice Window: The Client must notify the Company of any claimed incomplete service within 24 hours of the time the Company completes the job (as documented by Company GPS/photo records), or the service is deemed accepted.
Required Cure Opportunity: Before any refund request or dispute is considered, the Client must allow the Company a reasonable opportunity to address the issue, which may include a return visit if operationally feasible and safe.
No Third-Party Mitigation Without Written Approval: If the Client hires another contractor for the same scope of work without the Company’s written consent, the Client forfeits any refund eligibility associated with the disputed service and agrees the Company has no responsibility for the third party’s work or damages.
11.3 Governing Law
This Agreement shall be governed by and interpreted under the laws of the State of California, without regard to conflict-of-law principles.
11.4 Venue, Small Claims, and Class Action / Jury Waiver
To the fullest extent permitted by law:
Exclusive Venue: Any dispute arising from or related to this Agreement shall be brought in El Dorado County, California, unless another venue is required by mandatory law.
Small Claims Preference: The parties agree that, where legally permitted, disputes should be pursued in small claims court to minimize costs and complexity.
Class Action Waiver: The Client agrees that claims must be brought in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
Jury Trial Waiver: Where legally permitted, the Client waives the right to a jury trial for disputes arising from this Agreement.
11.5 Payment Processor and Platform Dispute Rules (Stripe / Square / WooCommerce)
The Client acknowledges that payments may be processed through third-party platforms (including but not limited to Stripe, Square, WooCommerce payment gateways, banks, and card networks) and agrees to the following:
Processor Rules: The Client agrees to comply with payment processor rules, policies, and timelines, including dispute windows and information requests.
Company Records Control: The Client agrees that Company operational records (GPS, photos/videos, route logs, timestamps, crew notes, communications) are acceptable evidence of performance and may be used to resolve disputes.
No “Services Not Received” Claims When Attempted/Blocked: The Client agrees not to file a “services not received” claim where service was attempted but access was blocked, unsafe, restricted, or otherwise prevented by conditions beyond the Company’s control (including vehicles, locked gates, downed trees, berms, excessive drifts, or other obstructions).
11.6 One-Time vs. Prepaid vs. Seasonal Addenda; Order Sheet Controls
The Client acknowledges that the Company offers different service types (including On-Demand, Rapid Response, Prepaid packages, Seasonal packages, and Low Priority Work). The Client agrees that:
Order Sheet Controls: The Website Order Sheet (product description, package name, trigger depth, included visits, service area, and any add-on selections) defines the specific scope purchased and is incorporated into this Agreement by reference.
Service-Type Controls: Any service-type terms stated in Sections 2.2 through 2.6 and the Website Order Sheet are the controlling “addenda” for that purchase.
Conflict Rule: If there is a conflict between the Website Order Sheet and this Agreement, the more specific terms (usually the Website Order Sheet for that purchase) will govern only for that purchase, and all other Agreement terms remain in effect.
12. Blockage / Obstruction / Access Policy
12.1 Clear Access Required
The Client is solely responsible for ensuring the Company has safe, unobstructed access to the service area(s) purchased, including but not limited to driveways, turnarounds, parking pads, walkways, and any add-on areas.
Obstructions may include, but are not limited to:
- Vehicles parked in the driveway or in turnaround areas
- Locked gates, blocked gates, or inaccessible entrances
- Trash cans, snow piles, construction materials, trailers, or debris
- Downed trees, ice hazards, utility work, or unsafe surface conditions
- Any item or condition that prevents the Company from safely operating equipment
12.2 Arrival Counts as a Visit / Attempted Service
If the Company arrives at the property within the service window and access is blocked, unsafe, restricted, or otherwise prevented, the visit shall be deemed:
- Performed to the maximum safe extent possible, or
- Attempted and completed due to obstruction
In either case, the Client acknowledges that the visit counts as a completed visit for On-Demand, Rapid Response, Prepaid, and Seasonal Services, including visit-based packages and any “included clearings” count.
12.3 No Obligation to Return
When service is prevented or limited by blockage/obstruction/access issues, the Company is not obligated to return automatically after the obstruction is removed, even if removed shortly thereafter.
Any additional service after blockage removal requires:
- A new order, or
- An additional visit purchase, or
- The Client’s purchase of a package that includes additional return visits (where applicable)
12.4 No Liability for Blockage-Related Outcomes
The Company is not liable for any damages, losses, delays, or inconveniences caused by blocked or restricted access, including but not limited to:
- Missed plow windows
- Snow/ice build-up or refreeze
- Berm hardening and compaction
- Loss of rental income, guest complaints, or business interruption
- Slip-and-fall incidents occurring due to incomplete removal caused by blockage
The Client assumes all risk associated with access being blocked and agrees to indemnify and hold the Company harmless for any related claims.
12.5 No Refunds Due to Blockage
Blocked access does not constitute Company non-performance. No refunds are issued for visits that are attempted, partially completed, or prevented due to blockage, obstruction, unsafe conditions, or restricted access.
13. Vehicle Moving Policy
13.1 Client Responsibility to Move Vehicles
The Client is solely responsible for ensuring all vehicles are moved out of the service area prior to service. This includes the driveway, turnaround areas, parking pads, and any areas necessary for equipment maneuvering and snow placement.
13.2 No Moving Client Vehicles
For safety, liability, and insurance reasons, the Company does not move, push, tow, jack, shovel out, or otherwise reposition Client vehicles or third-party vehicles. The Company will not enter Client vehicles, use Client keys, or operate Client equipment.
13.3 Equipment Size and Maneuvering Limitations
The Client acknowledges that the Company’s snow removal equipment is large and requires sufficient clearance. The Company cannot safely “go around” vehicles, squeeze through narrow gaps, or operate in a manner that risks collision, property damage, or injury.
If vehicles reduce access, the Company may:
- Clear only what is safely accessible, or
- Deem the visit attempted and completed pursuant to Section 12
13.4 No Liability for Vehicle-Related Snow / Ice Conditions
The Company is not liable for:
- Snow or ice remaining around, behind, beneath, or in front of vehicles
- Vehicles that become buried, iced-in, blocked by berms, or stuck due to weather after service
- Damage to vehicles caused by the Client, tenants, guests, the county plow, other contractors, or environmental conditions
13.5 Additional Visits Required After Vehicle Removal
If the Client later moves vehicles and requests additional clearing of previously blocked areas, additional service requires a new order or additional visit purchase (unless explicitly included in the purchased package).
14. Customer Conduct, Abuse, and Immediate Termination Policy (Volatility Clause)
14.1 Professional Conduct Required
The Client agrees to communicate with the Company and its staff in a professional, respectful manner. Snow removal is a time-sensitive, safety-critical service that requires efficient routing and calm coordination. The Client acknowledges that abusive or disruptive conduct interferes with safe operations and the Company’s ability to provide high-quality service to all customers.
14.2 Prohibited Conduct (Unreasonable / Abusive Behavior)
The following conduct is strictly prohibited and constitutes a material breach of this Agreement, as determined in the Company’s reasonable discretion:
- Verbal abuse, harassment, intimidation, or profanity directed at Company staff, operators, owners, subcontractors, or agents
- Threats of physical harm, property damage, doxxing, stalking, or harassment
- Threats of bad reviews, reputational harm, or “going to court” made for the purpose of coercing refunds, free services, discounts, or special treatment
- Repeated hostile, excessive, or disruptive communications that materially interfere with operations (including “blowing up” the phone, email, or chat systems)
- Abusive use of payment systems, including chargebacks, reversals, or disputes used as leverage rather than good-faith resolution
- False claims of promises, pricing, refund commitments, or scope terms not documented in the Website Order Sheet or in writing from the Company
- Refusal to allow reasonable cure (correction) while simultaneously demanding refunds or threatening retaliation
- Any conduct that, in the Company’s judgment, jeopardizes staff safety, operational integrity, or service quality for other clients
14.3 Immediate Termination Without Notice
If the Company determines, in its reasonable discretion, that the Client has engaged in prohibited conduct under Section 14.2, the Company may take any of the following actions immediately and without warning:
- Terminate Services and remove the Client from routes and schedules
- Refuse future service at the property
- Cancel remaining visits or services (including seasonal and prepaid visits)
- Restrict communications to written format only (email) and/or require communications through a single designated channel
- Cease non-essential communications (including calls/texts) to protect staff and operations
The Client acknowledges and agrees that no warnings are required and that immediate termination is a necessary safety and operational measure.
14.4 No Refunds / Fees Earned Upon Termination for Cause
Termination under this Section 14 is termination for cause due to Client misconduct. Accordingly:
- No refunds will be issued for any amounts paid, including unused portions of seasonal contracts, prepaid sessions, add-ons, or service fees.
- The Client acknowledges that amounts paid represent the Company’s reserved capacity, mobilization, routing allocation, administrative handling, and operational commitment.
14.5 Trespass / Property Access Upon Termination
Upon termination, the Company will not re-enter the property except as necessary for safety, retrieval of Company equipment, or as required by law. Any further service requested by the Client may be refused.
14.6 Survival and Relationship to Other Sections
This Section 14 is in addition to, and does not limit, any rights under Sections related to chargebacks, disputes, access restrictions, refunds, indemnity, and limitation of liability. The Client remains bound by this Agreement notwithstanding termination.
15. Refunds, Cancellations, and No Refund Policy
15.1 No Refunds Policy (All Sales Final)
To the maximum extent permitted by law, the Company does not offer refunds. All sales are final. All payments are non-refundable and non-transferable once made. The Client acknowledges that snow removal is a time-sensitive service requiring staffing, routing, equipment allocation, and operational readiness, and pricing reflects these operational commitments.
15.2 No Refunds After Dispatch / Scheduling / Service Window Begins
No refunds will be issued once the Company has dispatched, scheduled, attempted service, arrived, mobilized equipment, or otherwise made Services available within the applicable service window. This includes situations where service is performed fully or partially.
15.3 No Refunds for Dissatisfaction or Preference
No refunds will be issued for dissatisfaction, preference-based complaints, or subjective expectations, including but not limited to:
- A desire for “perfect” clearing or “bare pavement”
- Residual snow, ice, slush, or refreeze
- Preference regarding where snow is piled
- Delays caused by weather, traffic, routing, road closures, staffing limitations, or other conditions beyond the Company’s reasonable control
15.4 No Refunds for Access Issues, Obstructions, or Unsafe Conditions
No refunds will be issued when Services are limited, delayed, or prevented due to access issues or unsafe conditions, including but not limited to:
- Vehicles in the driveway or service areas
- Locked or blocked gates
- Trash cans, debris, or other obstructions
- Downed trees, utility work, ice hazards, or unsafe surfaces
- Any condition preventing safe operation of equipment
Visits may be deemed attempted and completed under Section 12 (Blockage / Obstruction / Access Policy).
15.5 Cancellation Requests (You May Cancel, No Refund)
The Client may request to cancel Services or bar the Company from the property at any time by providing written notice. Cancellation does not entitle the Client to any refund. If the Client cancels, terminates, or revokes access, any unused portion of the Services is forfeited and all amounts paid remain non-refundable.
15.6 No Refunds When Another Contractor Is Hired
If the Client hires a third-party snow removal provider for the same scope of work—especially before allowing the Company a reasonable opportunity to cure (correct)—the Client forfeits any refund eligibility related to that scope of work. The Company is not responsible for the third party’s work, timing, or damages.
16. Snow Trigger Measurement, Drifting Snow, and “No Bare Pavement” Standard
16.1 Measurement Method
The Company may determine snowfall amounts using any reasonable method, including but not limited to: on-site observation, local weather stations, NOAA reporting, radar estimates, regional totals, and Company judgment. The Company’s determination is final for routing and dispatch purposes.
16.2 Drifting / Blowing Snow
Wind-driven snow and drifting may occur before, during, or after service. The Company does not guarantee removal of drifting snow to any specific depth or condition, and drifting does not automatically trigger additional service unless included in the purchased package or a new order is placed.
16.3 No Guaranteed Bare Pavement / Residual Ice
The Client acknowledges that bare pavement is not guaranteed. Residual packed snow, ice, slush, or refreeze may remain due to temperature, precipitation type, traffic compaction, shade, prior ice layers, driveway condition, and safety limitations.
17. Snow Placement, Stacking, and Haul-Off Policy
17.1 Snow Storage Location
The Company will place snow in locations it deems reasonably safe and practical on the property, considering visibility, maneuvering space, safety, and equipment limitations. The Company is not responsible for Client preferences regarding where snow is piled unless explicitly agreed to in writing.
17.2 No Haul-Off Unless Purchased
Snow haul-off, trailering, and off-site removal are not included unless explicitly purchased as an add-on or stated in the Website Order Sheet.
17.3 Berms and Municipal Plows
County/city plow berms and snow windrows may be created after service is completed. The Company is not responsible for return visits caused by subsequent plow berms unless the Client has purchased a package/add-on that includes such return visits or places a new order.
18. Client Responsibilities: Marking Hazards, Surfaces, and Property Readiness
18.1 Marking and Disclosure of Hazards
The Client must mark or disclose, at or before checkout (or promptly thereafter in writing), any hazards that may be hidden by snow, including but not limited to: drainage grates, speed bumps, curbs, landscape borders, decorative rock, low lighting, irrigation, hoses, wires, protrusions, tight clearances, fragile edges, and any condition that could be damaged by snow equipment.
18.2 Surface Suitability Warranty
The Client represents and warrants that the driveway and service areas are structurally sound and suitable for snow removal equipment. The Company is not responsible for damage arising from pre-existing defects, deterioration, weak substrates, poorly installed pavers, crumbling asphalt, unstable edges, or concealed voids.
18.3 Pets, People, and Safety
The Client is responsible for keeping pets, occupants, and guests clear of active snow removal operations. The Company may refuse or pause service if it is unsafe to proceed.
19. Ice Melt, De-Icing Products, and Chemical Disclaimer
19.1 Optional Nature / Scope
Unless explicitly purchased, ice melt application is not included. Where ice melt is applied, the Company does not guarantee complete melting or elimination of ice due to temperature and environmental factors.
19.2 Property Effects
Ice melt products may contribute to corrosion, staining, concrete spalling, paver discoloration, landscaping damage, and tracking into homes. The Client assumes these risks and agrees the Company is not liable for such effects.
19.3 Pet / Environmental Considerations
The Client acknowledges that de-icing products may pose risks to pets and landscaping and agrees to take appropriate precautions. The Company does not provide veterinary or environmental safety guarantees.
20. Permission to Enter Property, Documentation, and Data Retention
20.1 Permission to Access
The Client grants the Company permission to enter the property as necessary to perform Services within the scope purchased, including use of driveways, access points, and service areas.
20.2 Photo/Video/GPS Documentation
The Client authorizes the Company to capture and retain photos, videos, and GPS tracking evidence for operational verification, quality control, customer support, dispute resolution, chargeback defense, and legal purposes. Marketing use (if any) may be performed only with identifying details reasonably removed unless otherwise agreed.
20.3 Record Retention
The Company may retain service records, communications, photos/videos, and GPS logs for a commercially reasonable period.
21. Attorneys’ Fees, Collections, Interest, and Time Limit to Bring Claims
21.1 Collections and Enforcement Costs
If the Company must pursue collection or enforcement of this Agreement, the Client agrees to pay the Company’s reasonable costs, including administrative time, collection costs, filing fees, and attorneys’ fees to the fullest extent permitted by law.
21.2 Interest on Past Due Amounts
Past-due balances may accrue interest at the maximum rate permitted by law.
21.3 Limitation Period
To the fullest extent permitted by law, any claim arising out of or related to this Agreement must be brought within one (1) year of the date the claim arose, or it is barred.
22. Severability, Entire Agreement, and Modifications
22.1 Severability
If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.
22.2 Entire Agreement
This Agreement, together with the Website Order Sheet and any written addenda or written communications expressly incorporated by reference, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous oral statements.
22.3 Modifications
The Company may update these Terms & Conditions from time to time. The version in effect at the time of purchase applies to that purchase. Continued use of Services after updates constitutes acceptance of the updated terms for future purchases.
23. 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.
24. Contact Information
For questions, concerns, or clarifications regarding this Agreement, please contact us:
Email: tahoeislandsnow@gmail.com
Phone: 1-800-208-6394
Mailing Address: 950 Emerald Bay Rd BOX #7088, South Lake Tahoe, CA 96158
Created: 01/01/2022
25. 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.
