- Measuring Snow and Trigger Amounts: Snow totals include that of Fallen Snow. No Drifts or previous accumulation counts. We use fmweather.com for official measurements.
- Refunds: There are no refunds for any unused services or time.
- Response Time: It is our goal to have, at minimum, all Clients’ driveways cleared within 10 hours of dispatching. We will attempt to have all Clients cleared by 7am/5pm when conditions allow. This is not always possible due to breakdowns, weather conditions, and unforeseen circumstances. Clients will be updated by the contractor if there is an issue that would affect timely service.
- Driveway/Sidewalk Obstructions: Please raise all basketball hoops and/or other devices to 1Oft, and trim all trees overhanging to 12ft. On Garbage day please place your garbage or recycling bin to the side so the entire driveway can be cleared.
- Plow Ridges: Plow Ridges are not covered under this contract unless otherwise stated. We do our best to clear the driveway and plow ridges at the same time, although this is not always possible. We are working on a package to cover plow ridges that would be an additional seasonal charge. Most times the plow ridge is taken care of when we do the driveway.
- What to expect for service: Driveway service does not include any shoveling, however we will get within 24 in/2ft of your garage door with our equipment. We will stay 24 in/2ft away from all objects, vehicles, landscaping, etc. to ensure no damage is done when properties allow that buffer.
- Objects in driveway/sidewalk: Do not leave any objects or items in the area where snow removal will occur including driveway, sidewalks, etc as they could possibly be damaged by our equipment.
- Life of Contract: This contract is valid from the date it is signed until4/20/2025.Term Length of Contract: Contracted snow removal service will begin 11/1/2024 0:00 and will end 04/20/2025 23:59.
- Contract Terms Defined:
- “WYS LLC” or “Contractor”refers to Wagner’s Yard Services LLC.
- “Client” refers to the signee(s) of this contract and anyone they represent.
- ”Trigger” or “Trigger Amount” refers to the chosen level of snow before service that the Client has chosen.
- “Snow Event” or “Storm” refers to a 24 hour period where measurable snow has fallen. This can/may be consecutive 24 hour periods dependent on the weather and conditions.
- “Service” or “Clearing” refers to WYS LLC performing snow removal services in any capacity at a property. There are multiple steps including but not limited to, the driveway, city sidewalks, mailboxes, shoveling if applicable, etc.
- “Season” refers to the agreed upon term of this contract. That is 11/1/2024 – 04/20/2025.
- Payment Terms and Conditions: Invoice must be paid in full upon receipt. Acceptable methods are exact Cash, Check, or Credit Card. Checks must be made out to WYS LLC. Upon the signing of this contract, Client agrees to pay in full the amount defined in the Client’s proposal and invoice prior to commencement of snow removal services. Bill is submitted for payment upon signing of this contract with the balance due on receipt. All payments are non-refundable. For any checks that do not clear at the bank, there will be a $25 administration fee charged. Any unpaid balance becomes liable for finance charges of 2% per month, 24% yearly. Prices stated in the quote are valid for 30 days from original quote date. Payments must be made by check, cash, or credit card to: WYS LLC In the event of failing to pay or partial payment, the Client will pay all collection and legal fees of WYS LLC until the matter is settled through legal proceedings or terms are agreed upon by Client and WYS LLC. If full payment is not received by November 1st the contractor will suspend all services until full and final payment is received.
- Life of Agreement: This agreement is valid from the date it is signed until April 20, 2025.
- Severe Weather Scenarios: WYS LLC reserves the right to stop service of properties in severe weather, for safety of employees, and resume once weather conditions improve.
- Scope of Snow Removal Services: WYS LLC will snow blow when the trigger amount of snow has accumulated. This is to be determined by the contractor at the pavement, not to include drifts or multiple smaller events. All official accumulation totals are based upon fmweather.com. Snow removal services to be performed on accessible areas only. Depending on the time of the snowfall, we will attempt to service Clients by 7-8AM (if accumulating snow ends around midnight) or 5-6PM (if accumulating snow ends around noon), but not to be restricted nor limited to any specific time or duration of time for the rendering of services. Tractors will service as much of the driveway as they can safely access. If a driveway is blocked by vehicles or other items, WYS LLC will only clear unobstructed areas. In order to keep a timely schedule, we cannot wait for car(s) or other items to be moved. Please see attached snowblowing guide for more details. Municipal snow plows may fill driveway aprons with excess snow after driveways have been cleared. This is not covered in the current contract. Please see the section covering plow ridges below. Driveway services do not include the removal of snow resulting from roof cleaning, car cleaning, drifting snow, or the removal of ice from the driveway resulting from freezing rain, sleet, compaction, etc. Additional return visits when requested by the Client will be billed separately as an additional charge to be determined by WYS LLC based on snow amounts and time spent for additional clearing. Services aren’t provided for any snow and/or ice accumulation that is less than the trigger amount and/or forecasted to melt within 24 hours after the end of the storm. Properties will be serviced in a sequential route. No one Client will receive priority over another, and WYS LLC will not deviate from the route to provide service unless it is determined to be an emergency. We reserve the right to clear the property at any time between the start and end date. Clients understand that if they would like to request a clearing under their trigger amount of snow it will be an additional charge per driveway clearing.
- Plow Ridge Cleanup: Plow Ridge cleanup is not included in this contract unless otherwise stated between the parties. Additional clearings or plow ridges (unrelated to a recent snow event or the city plow clearing streets) will be an additional $55 minimum, $130 per hour for any clearing that is longer than 20 minutes. We are working on a plow ridge cleanup package as an add on if you would be interested.
- Ice Melt / Salting Services: De-icing material/salt application are not included in this contract. In the event that icy conditions or “hard pack” snow remain once snow removal services are complete, or in the event that a winter storm leaves behind an ice accumulation which is unable to be removed by our snow equipment, ice melt or salt application is available only when requested for an additional charge. WYS LLC assumes no liability for slip and fall accidents or injuries. Icy or slippery conditions may exist even after work is completed. The Client is aware that snow blowing service may not clear their property to bare pavement and that slippery conditions may prevail even after service. The Client assumes all responsibility for applying deicing material or ice melt on their property. Depressed areas in pavement may accumulate snow that may not be able to be removed as well as snow that has been packed down by vehicle or foot traffic, WYS LLC is not responsible for these accumulations that cannot be removed, but will do our best to remove them. The contractor reserves the right to utilize other pieces of equipment as backup if our tractors and snow blower malfunction or breakdown.
- Snow Tags/Markers/Snow Stakes: Client agrees to allow WYS LLC to install snow tags and boundary markers at the beginning of the season and will remove all tags and markers at the end of the season. Tags and Markers MUST remain in place on property which helps outline your driveway and prevents damage. Please do not remove or throw the markers away. Any markers disposed of by the Client will be billed at $10 each. If markers were damaged or stolen please notify our office in order for us to replace them.
- Photography: By signing this contract, Client is allowing WYS LLC to photograph and video record snow removal services at Client’s Property and Client is allowing WYS LLC to post photographs and videos for marketing purposes, on WYS LLC website(s) and/or social media accounts.
- Property Damage: The owner will report, in writing, any property damage caused by the contractor within 48 hours. Damage to grass will be observed and fixed in the spring. The contractor will repair any timely, and properly reported, property damage in the spring season during the snow and ice management program season in which the property damage occurred. Notwithstanding anything herein to the contrary, the contractor will have no obligation, and the owner waives any damages, for any property damage not timely and properly reported. WYS LLC uses various snow removal equipment with steel cutting edge attachments to clear properties. These pieces of equipment have been thoroughly used on standard, untextured, uncoated concrete driveways with no damage caused to the concrete. Due to infinite variations of paver, stamped concrete, colored and sealed concrete driveways, no similar result can be assumed. WYS LLC holds no responsibility for possible damages caused from performing snow removal on the decorative surfaces listed above. WYS LLC is not liable for any damages caused to items left in the driveway and our clearing area. Such items include but are not limited to: shovels, toys, extension cords, lights, newspapers, etc. Please pick up or route these items around the driveway as our operators are not able to see them once snow accumulates. WYS LLC agrees to pay for any damages caused by equipment and / or negligence, provided the Client reports any issues within the specified timeline.
- Limitation of Liability: WYS LLC will exercise reasonable care to avoid damage to pavement, curbs, trees and shrubs. However, the contractor is not responsible for any: A) Damage to landscaping caused by the piling/storage of snow. B) Wear and tear on the driveway caused by snow removal equipment, including scratches. C) Damage to items that are snow-covered or not visible. D) Personal injuries resulting from slip and fall accidents. E) Acts of God, including, but not limited, to extraordinary weather conditions. The contractor shall not be held responsible for any damages caused to items left in the snow removal area, including property moveable and immoveable, including, but not limited to water valves, asphalUconcrete in poor condition, low hanging tree branches, garbage cans, recycling bins, basketball hoops, downspouts, plant pots, toys, extension cords,rugs, etc… , please be sure to remove all items from driveway. Client is aware that equipment is a hazard and instructs all nearby persons and animals to stay a safe distance away from WYS LLC equipment when working.
- Indemnification: The Client shall indemnify, defend and hold harmless the contractor, its owners, employees and subcontractors from and against any and all claims, damages, reasonable attorney’s fees and costs which the contractor incurs as a result of a claim or claims brought by the owner or any third party, arising out of any wrongdoing, negligence and/or breach of contract by the owner alleged or otherwise, or any Act of God, including but not limited to extraordinary weather and/or ground conditions, that is related, in any manner whatsoever to premises or the owner’s involvement with the premises or the services, including but not limited to personal injuries and/or death resulting from slip and fall accidents.
- Collection of Payment: Client will be responsible for all costs of collection, including without limitation, court costs and reasonable attorneys fees, in the event that it becomes necessary for WYS LLC to resort to legal measures to collect any amount owed under this agreement.
- Hazards: The Client is aware that plowing may not clear their property to the bare pavement and that slippery conditions may prevail even after plowing. WYS LLC assumes no responsibility for slip-and-fall accidents or vehicular accidents as a result of this naturally occurring condition.
- Provision for Default, Refunds and Cancellation: Either party may terminate this agreement at any time with a 10-day advance written notice. The full amount is due at cancellation; cancellations that are unpaid will result in a lien placed on the property. The cancellation date will be the day such notice is received. In the event of cancellation, the Client will be responsible for all costs of services rendered up to the end of the season. There will be no refunds issued for unused time or services set forth by this agreement. If you would like to cancel your service you forfeit any payment for the entire season.
- Damage to equipment: If damage is caused to a snowblower or tractor during the season due to objects in the driveway – rocks, bricks, extension cords, or other hazards, WYS LLC will repair said equipment, and bill the Client for these damages. Please understand that these machines are very expensive, and sucking up debris in a snowblower can damage moving parts. Please do your best to keep these objects out of your driveway during the winter season.
- Severe Weather Scenarios: WYS LLC reserves the right to stop service of properties in severe weather for safety of employees and resume once weather conditions improve.