Liability Waiver and Release Agreement

 

This Liability Waiver and Release Agreement (“Agreement”) is a legally binding document between the client (“Client”) and Sea to Sky Snow Removal (“Service Provider”), including its owners, employees, contractors, subcontractors, agents, and representatives (collectively referred to as “Service Provider”). By purchasing snow removal services from the Service Provider, the Client acknowledges, understands, and agrees to the terms and conditions outlined in this Agreement.

 

1. Acknowledgment of Risk

The Client acknowledges and accepts that snow removal services inherently involve risks, including but not limited to:

• Surface damage to driveways, sidewalks, curbs, and other structures caused by snow removal equipment, including ATV-mounted plows.

• Damage to unseen or unmarked obstacles such as sprinkler systems, landscaping, lighting fixtures, or other structures obscured by snow.

• Residual snow and ice left on cleared surfaces, which may result in slips, falls, or other accidents.

• Noise, vibration, or other disturbances caused by the operation of snow removal equipment.

• Property damage resulting from the normal operation of snow removal equipment in proximity to vehicles, buildings, or other structures.

The Client expressly accepts these risks and understands that snow removal is provided on an “as-is” basis.

 

2. Waiver of Liability

To the fullest extent permitted by law, the Client hereby releases, waives, and forever discharges the Service Provider from any and all claims, liabilities, demands, damages, costs, and expenses, including but not limited to:

• Personal injury or harm suffered by the Client, their family, guests, tenants, or employees.

• Property damage, including but not limited to damage to driveways, curbs, landscaping, utilities, or other structures.

• Claims made by third parties, including but not limited to neighbors, tenants, or visitors to the property.

This waiver applies regardless of whether such claims arise from negligence, errors, omissions, or other actions by the Service Provider, its employees, contractors, or subcontractors.

 

3. Assumption of Risk

The Client voluntarily assumes all risks arising out of or related to the snow removal services provided by the Service Provider, including:

• Risks associated with the operation of heavy equipment, such as ATVs and snowplows.

• Residual snow and ice left on cleared areas, which may create hazardous conditions, including slips and falls.

• Potential delays or inability to complete services due to extreme weather, mechanical failures, or other unforeseen circumstances.

 

4. Slip and Fall Clause

The Client acknowledges and agrees that the Service Provider cannot guarantee a completely ice-free or hazard-free surface after snow removal services. The Client assumes full responsibility for their safety and the safety of others on the property after snow removal services are rendered. The Service Provider shall not be held liable for any slip-and-fall incidents, injuries, or damages resulting from residual snow, ice, or other conditions on the property.

 

5. No Guarantee for Salt Application

The Client acknowledges that salt application is provided as an optional service and is not guaranteed to eliminate all ice, snow, or slippery conditions. Salt application effectiveness can vary depending on weather, temperature, and other factors beyond the Service Provider’s control. The Client agrees that the Service Provider shall not be held liable for any accidents, injuries, or damages arising from the use of or reliance on salt application services.

 

6. No Warranties or Guarantees

The Service Provider expressly disclaims any warranties, express or implied, including but not limited to:

• Warranties of fitness for a particular purpose.

• Guarantees of complete snow or ice removal.

• Guarantees of safety for any persons or vehicles using the serviced areas.

The Client agrees that the Service Provider will not be held liable for any consequences resulting from partially cleared surfaces or residual snow and ice.

 

7. Client Responsibilities

The Client agrees to:

• Identify and mark all obstacles, hazards, and potential risks, including sprinkler heads, drainage systems, curbs, and landscaping features.

• Remove vehicles, equipment, or other obstructions from areas to be cleared.

• Assume full responsibility for the condition of their property before, during, and after snow removal services.

Failure to comply with these responsibilities absolves the Service Provider of any liability for resulting damages or incomplete services.

 

8. Indemnification

The Client agrees to indemnify, defend, and hold harmless the Service Provider, its employees, contractors, subcontractors, agents, and representatives from any and all claims, actions, damages, or liabilities arising out of or related to:

• The Client’s failure to fulfill their responsibilities under this Agreement.

• Third-party claims arising from snow removal services.

• Damages caused by unforeseen obstacles, hazardous conditions, or the presence of unmarked or hidden objects.

 

9. No Insurance

The Client acknowledges that the Service Provider does not carry insurance for damages or liabilities related to snow removal services. The Client accepts full responsibility for any incidents arising from these services and waives any right to pursue insurance claims against the Service Provider.

 

10. Agreement Updates

The Service Provider reserves the right to update or modify this Agreement at any time without prior notice. The most current version of the Agreement will be available on the Service Provider’s website, and it is the Client’s responsibility to review it regularly.

 

11. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia. Any disputes arising from or related to this Agreement shall be resolved through binding arbitration in accordance with the rules of the British Columbia Arbitration and Mediation Institute. The Client agrees to waive their right to trial by jury or to bring claims in a court of law.

 

12. Agreement Binding

This Agreement is binding upon the Client, their heirs, successors, and assigns. By purchasing any snow removal service, the Client certifies that they have read, understood, and voluntarily agree to this Liability Waiver and Release Agreement.

 

Driveway Snow Clearing Method:

By using our snow removal services, you understand and agree to the following method of clearing:

1. Snow Pushed to the Sides:
   Our snow clearing process involves pushing the snow to the sides of your driveway. This helps create a clear path for vehicles to safely pass. We do not remove the snow entirely; instead, we clear the snow by efficiently pushing it to the edges, leaving a thin layer on the surface.

2. No Complete Snow Removal:
   Please note that we do not completely remove the snow from your driveway. We aim to ensure a functional and safe pathway by clearing snow to the sides, but a small layer may remain on the driveway. This is a standard practice to avoid damaging surfaces and minimize scraping.

3. Salt Application Included:
   As part of our service, we include salt application after each clearing to help reduce ice buildup and provide better traction on your driveway. This helps maintain safety during and after snowstorms without any additional charges.

​

Snow Clearing Service Terms (For One-Time Purchases):

By purchasing the snow clearing service, you agree to the following terms:

1. Service Trigger:
   Snow removal will only be provided once there is a minimum of 2 inches (5 cm) of snow on the ground. If there is less than 2 inches of snow, no service will be provided.

2. Automatic Service Without Request:
   Once the snow accumulation reaches the 2-inch threshold, we will automatically dispatch a snow plow to your property to clear the snow. There is no need to call or request service; we will take care of the snow removal as part of the service agreement.

3. No Service for Less Than 2 Inches of Snow:
   In the event that snow accumulates to less than 2 inches, no clearing will take place, and the service will not be rescheduled. We only provide snow removal when snow reaches the 2-inch threshold for effective and efficient clearing.

​

Seasonal Pricing Plan Terms:

By signing up for a seasonal snow removal plan, you agree to the following terms:

1. Full Payment Obligation:
   Customers will be required to pay the full balance of the seasonal snow removal plan, regardless of snowfall frequency. Payment is due in full at the beginning of the season, with the option to pay in installments as specified.

2. Service Trigger:
   Snow removal services will begin once there is a minimum of 2 inches (5 cm) of snow accumulated on the ground. The service will be provided as per the chosen plan once this threshold is met, ensuring prompt and efficient snow removal when needed.

3. Peace of Mind & Hassle-Free Service:
   This structure is designed to provide peace of mind for homeowners, ensuring snow removal services are delivered automatically without the need for constant monitoring of weather conditions. Whether snow falls frequently or infrequently, your snow removal plan will cover you for the entire season, creating a hassle-free experience.