Snow Removal Services 2024/2025 Winter Season
Terms and Conditions – Snow Clearing Agreement
SNOW REMOVAL SEASON LENGTH, CONTRACT LENGTH
Snow removal services will commence immediately from time of sign-up with receipt of full payment or November 15, 2024 until April 15, 2025.
SNOW REMOVAL SERVICES AGREEMENT
This Agreement (this “Agreement”) is entered into as of the date of online purchase of services and acceptance of the Terms and Conditions (“Terms and Conditions”), by and between Balo Construction & Landscaping Ltd. (the “Contractor”) and the client identified on the Online Signup form (the “Client”). In consideration of the mutual covenants contained herein, and intending to be legally bound hereby, Contractor and Client agree as follows:
Contractor will furnish labour, supervision, services, materials and equipment necessary to perform the services for the Client as are set forth in the scope of services (the “Scope of Services”).
SCOPE OF SERVICES
Contractor shall perform the following services (the “Services”):
1. Vehicle Area Snow Removal.
Contractor will perform snow removal, and/ or shoveling services only from indicated areas of
The front of the property typically including driveways and driveway aprons.
Areas in addition to the main driveway, up to 2 full car lengths and either single car wide (“Single Car Wide”) or double car wide (“Double Car Wide”) can be added for a reasonable charge.
Contractor will perform snow removal, and/ or shoveling services on front sidewalks (City pedestrian sidewalks).
Contractor shall mobilize when snow accumulation reaches 4cm or when snow accumulation is imminent in these service areas described above. Contractor will begin removal operations and continue as needed.
2. Pedestrian walkways and stairs to entry Area Snow Removal – If contracted and paid in full in advance of service.
Including disability ramps and front entrances. Service fees according to the rate schedule (the “Rate Schedule”). Contractor will commence snow removal on these service areas when Contractor determines that snow accumulation has reached 4cm or more or when snow accumulation is imminent in these service areas described above. Contractor will begin removal operations and continue as needed.
3. Salting (“Salt”) Services – If contracted and paid in full in advance of service.
Contractor will apply salt, either regular salt or preferably treated salt (when available) to all service areas as describer in the “Scope of Services”.
4. Determining Snow Depth
Contractor agrees to determine when and to the extent Services are required.
4cm trigger for snow removal operations. All individual snowfalls of 4 cm or more will be cleared.
For each site (the “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.
Client agrees that Contractor’s reasonable determination of the need for and amount and scope of the Services provided shall be binding on Client.
If Client elects to suspend or deny Services at any time, Client shall provide Contractor with a written proposal to modify the scope of Services. Contractor will continue to perform according to the existing scope of Services until such a proposal is mutually agreed. Contractor shall respond promptly and within a reasonable amount of time as weather conditions and government restrictions permit. (This includes additional service areas, outside the Scope of the terms and conditions of this service agreement, alternate service triggers and additional service visits) Additional fees to be mutually agreed upon by Contractor and Client prior to proceeding, may apply.
INDEMNITY
Any slip & fall accidents on your property are your responsibility, the contractor, Balo Construction & Landscaping Ltd., does not accept any liability.
The contractor is not responsible for ice removal, and while every attempt is made to clear all snow and apply salt (if contracted to do so), there are no guarantees that ice or black-ice will not occur on the property. As a result, the contractor asks that you constantly monitor ice conditions on your property. Ice build-up can occur due to natural weather conditions, ice may remain after snow removal and due to the following conditions, all out of the contractor’s control, including but not limited to: Freezing rain, snow and ice melting, freeze/ thaw, poor drainage and other conditions. As a result, the contractor, Balo Construction & Landscaping Ltd., does not accept any liability for claims and associated fees resulting from slip & fall occurrences, personal or bodily injury or death.
Client agrees to indemnify, defend and hold harmless Contractor, and its officers, employees, directors, representatives and agents (each, an “Indemnified Party”), from and against any and all claims, losses, settlements, fines, liabilities, damages, deficiencies, costs or expenses (including interest, penalties and attorneys’ fees and disbursements) (“Damages”) suffered, sustained, incurred or required to be paid by any such Indemnified Party due to, based upon, arising out of, in connection with, or otherwise in respect of: (I) Any of the services outlined and performed or not performed as a result of this agreement. (II) any service performed or not performed by the contractor, their employees, equipment or materials (III) the performance of the Services contemplated hereby or otherwise as a result of any acts or omissions by Client, their employees, agents, representatives and clients, (IV) failure by Client to perform its obligations under this Agreement, (V) Failure of contractor to perform contract obligations or (VI) enforcement of this paragraph. This paragraph shall survive the termination of this Agreement.
Payment and compensation to the client for the contractor’s failure to perform contract obligations will be strictly limited to the cost of contracted services. Requests must be made in writing and mutually agreed to by the client and contractor.
DRIVEWAYS, WALKS, AND OTHER PAVED SURFACES
Contractor will not be responsible for any damage to driveways, expansion joints, walks, and other paved surfaces resulting from treatments with salt materials. Contractor is not responsible for cosmetic scrapes on driveways, parking surfaces, or sidewalks, or damage to concrete or paved surfaces at or near expansion joints. Client acknowledges that concrete can crack under the ordinary stress of freezing and thawing, and cracked concrete will not be the responsibility of Contractor during driveway, parking surface, or sidewalk snow removal or salt treatments. Contractor will not be responsible for damage to objects (e.g., planters, statues, etc.) left in snow removal areas.
Salting – Contractor shall not be responsible for damage to driveways, walkways, interlock, stonework, turf (sod and ground covers) or plant materials caused by snow melting materials. Every effort will be made in good faith to limit the over-spray of salting agents.
MISCELLANEOUS
This Agreement shall be construed in accordance with and governed by the laws of the province in which Services are performed. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, legal representatives, successors, and assigns; provided that, Client may not assign this Agreement, nor any of its rights, interests, or obligations hereunder, without the prior written consent of Contractor. This Agreement, and the Rate Sheet set forth the entire agreement and understanding between the parties as to the subject matter hereof and merge and supersede all prior discussions, agreements and understandings of any and every nature between them as to the subject matter hereof. This Agreement, and the Rate Sheet may be amended, modified, supplemented or altered only by a written agreement signed by both Client and Contractor.
Any failure of a party to comply with any obligation, covenant, agreement or condition herein may be waived, but no such waiver shall be effective unless such waiver is in writing and is signed by the party against whom the waiver is to be effective. Such waiver shall not operate or be construed as a waiver of any other or subsequent breach of such or any other provision. The parties agree that any conflict as between the provisions set forth in this Agreement and any other document incorporated into this Agreement, the provisions of this Agreement shall prevail.
The Owner acknowledges that some damage to the property of the Owner is reasonably foreseeable as a consequence of the Contractor’s performance of this Agreement, which reasonably foreseeable damage includes, but is not limited to, damage to concrete, asphalt, sod, grass and planting materials due to the application of ice melting products and surface damage to curbs and asphalt due to the clearing of snow and ice.
Snow removal services will be provided between the hours of 6 am and 12 am from November 15, 2024 to April 15, 2025. All removal machinery is noisy and will not be run between 12 am and 6 am. During ongoing storms, weather events, and emergencies, the contractor may choose to operate 24/7 (24 hours a day, 7 days a week) for the benefit and safety of the client. Please note: Due to potential holiday staffing shortages, response times during Christmas Eve, Christmas Day, New Year’s Eve, New Year’s Day, and Family Day, Snow Removal services may be slower than usual.
This is a flat rate snow removal contract, it provides unlimited service visits, regardless of snow accumulation totals for the season. Time is required to maintain trucks, service vehicles, equipment, etc. While downtime is not foreseeable due to substitute vehicles, employees and equipment, service times may vary. The Contractor aims to provide fast and reliable service at all times.
Snow removal will commence at the end of light and moderate snowfalls. In the event of major snow storms, snow clearing crews will be dispatched during the storm and make repeat visits to clear the snow as weather and road conditions permit.
If necessary, the contractor will return to clear the Snow plow ridges left by either street or sidewalk plows. Snow plow ridges will only be cleared during snowfalls and a maximum of one time after the snowfall ceases. Snow plow ridges will not be cleared on days when it does not snow.
The contractor will do their best to clear around vehicles and obstacles, if you wish for these areas to be cleared completely please make arrangements to have the area unobstructed, prior to the snow event. The contractor will not return to clear areas for a second time, due to vehicles, equipment or materials left accidentally by the client. The contractor will make every effort to clear snow to the best of their ability given the existing conditions, however the contractor will only clear snow from areas safely accessible by staff and equipment.
CONTRACT TERMINOLOGY
(the “Agreement”) – Pertains to the Snow Removal terms and conditions, also referenced as this agreement and the contract.
(the “Contractor”) – Balo Construction & Landscaping Ltd., its employees, agents, and representatives
(the “Client”) – The Purchaser of snow removal services, family members, tenants, its employees, agents and representatives
(“Terms and Conditions”) – Refer to (the “Agreement”)
(the “Scope of Services”) – The entirety of the services to be performed by the Contractor in accordance with the selected package options as per the Rate Sheet
(the “Services”) – Refer to (the “Scope of Services”)
(“Single Car Wide”) – 1 car width, stretching forward 1 – 2 car lengths
(“Double Car Wide”) – 2 cars wide, stretching forward 1 – 2 car lengths, for a combined total of 2-4 cars.
(the “Rate Schedule”) – Pricing based on specific service required,see below,RATE SCHEDULE
(the “Site”) – Property of the client, address stated in online sign up form and receipt. Limited to one physical address per sign up. Refer to (the “Client”)