Snow Removal Terms

Snow plowing/snow blowing operations to commence when 2”, or more, of snow accumulates as determined by Tifway Lawn, LLC; For each Site, the aggregate depth of snowfall and number of snow, ice, and/or mixed precipitation events requiring Services will be determined in good faith by Contractor using published, third-party compiled meteorological data for that Site or surrounding geographic areas irrespective of day of week and including all holidays

Extreme Weather Conditions. Customer acknowledges that Services may be delayed or unavailable in the event of extreme weather conditions (such as blizzard type conditions or temperatures or wind chill factors below -20ºF). Tifway Lawn, LLC reserves the right to delay or stop work during such extreme conditions so as not to create unsafe working conditions for its employees and contractors. Customer further acknowledges that excessive snow accumulation may result in the loss of parking spaces and/or reduce driving areas in, on and about the Service Location. Any requests for snow relocation within the Service Location or removal of snow from the Service Location will result in additional charges.

No salting, sanding, or de-icing services are provided by the contractor unless otherwise specified

The Customer understands that plowing or ice control of a particular location may not clear the area to “bare pavement” and that slippery conditions may continue to prevail even after plowing or ice control services have occurred. The Customer understands that Tifway Lawn, LLC assumes no liability for this naturally occurring condition

Gravel/Unpaved Laneways: By their very nature snow plowing/snow blowing operations involve pushing a steel blade or snow blower over the surface to be cleared, if the surface is composed of loose material (ie gravel), the loose material will be displaced during snow clearing operations. This is unavoidable. Tifway Lawn, LLC assumes no responsibility for displacing gravel (or any other loose material that the laneway is composed of), and assumes no responsibility for damage caused to lawns, ground cover, shrubbery, landscape lighting, paver bricks, hardscapes, blacktop surfaces, or concrete caused by the displacement of the loose material.

Tifway Lawn, LLC will make every effort to clear snow before the morning and evening commute. However, timing of the snowfall does not allow us to guarantee that snow clearing will be completed for a specific time

Requests from the customers outside of a snowfall for extra clean-up due to (but not limited to): snow drifts, snow falling off roofs, cars being moved, or accumulation less than 1” may be subject to additional charges

Clients who wish to move their vehicles out of the laneway when the operators arrive MUST move their vehicles IMMEDIATELY. Drivers will not wait for clients to sweep off cars, shovel around their cars etc.

Special requests for clean up after vehicles have been moved may be subject to additional charges

Tifway Lawn, LLC will not be responsible for any scratches or scrapes to the driveway, or any minor damages to the lawn

It is the client’s responsibility to keep the snow removal area free of all objects, excluding vehicles. Tifway Lawn, LLC is not responsible for removing objects and any objects present may result in snow removal not being performed. Tifway Lawn, LLC shall not be held responsible for damages including but not limited to, items such as extension cords, holiday lighting, building materials, garbage cans, recycling bins, downspouts etc. The Customer is responsible for all damage caused to and/or by hidden objects

Customer understands that snow plowing/snow blowing, by its very nature, involves pushing a steel blade or snow blower over the surface of the pavement. If your pavement is defective, deteriorated, weakened, frost heaved, or, was installed improperly, the results of this previous damage are more likely to appear after snow plowing. Tifway Lawn, LLC is not responsible for any damages to pavement or curbs unless Contractor has been negligent.

Tifway Lawn, LLC shall maintain appropriate insurance coverage throughout the term of this Agreement. This shall include comprehensive general liability covering bodily injury and property damage.

During operations and after completion of operations, Customer agrees to indemnify and save harmless the Contractor, and its employees, against any and all claims by the Customer or third parties, their heirs, executors, administrators, successors, surrogates, or assignees, arising on account of death or injuries to persons or damage to property, arising out of use of, or traveling at, or onto, the Property, whether or not such claim, damage, injury or death results from the negligence of Customer, Contractor or others. Customer shall defend all suits and claims arising from or incidental to the work under the Agreement, without expense or annoyance to the Contractor or its employees.

Nothing in this Agreement shall constitute an agreement, commitment or guaranty by Tifway Lawn, LLC to obtain and/or maintain at any time a 100% snow-free or ice-free environment at the Service Location(s). Based on temperatures and type of precipitation, it will take varying amounts of time for de-icing and snow melt materials to have effect and mitigate conditions. The use of salt or other de-icing material is meant to expedite the process of melting ice and snow in target areas. Its application may not provide instant or complete attainment of these goals and will be affected by such variables such as air/ground temperature and moisture content of precipitation (among others). Customer acknowledges that snow plowing, snow removal and de-icing may not clear a particular area to “bare pavement” and that slippery or dangerous conditions may continue even after performance of the Services hereunder. Slip, trip and fall hazards or conditions may be present or remain before, during and after Tifway Lawn, LLC has performed the Services required under this Agreement. Tifway Lawn, LLC assumes no liability with respect to naturally occurring hazardous conditions, including without limitation, those that result from melting and refreezing conditions. It is Customer’s responsibility to immediately contact Tifway Lawn, LLC if it has concerns regarding the performance of the Services or the current conditions at any Service Location.

Subcontractors. Tifway Lawn, LLC shall have the right to hire, and delegate its obligations under this Agreement to, subcontractors to perform the Services under this Agreement, provided that Earth shall remain full responsible for the performance of all of its obligations under this Agreement and for the performance of its subcontractors and such subcontractors compliance with this Agreement.