Winter Services

SNOW & ICE MANAGEMENT TERMS, CONDITIONS, RELEASE AND INDEMNITY AGREEMENT 1. APPLICATION AND ACCEPTANCE This Snow & Ice Management Terms, Conditions, Release and Indemnity Agreement (the “Agreement”) forms part of and is incorporated into every estimate, quotation, proposal, service agreement and work order issued by London Landscape Inc. (“London Landscape”) for snow and/or ice management services. Acceptance of the estimate, quotation, proposal or work order by the Customer constitutes acceptance of this Agreement in its entirety. Acceptance may occur by signing the estimate, approving it electronically, verbally authorizing the work, paying a deposit or invoice, instructing London Landscape to commence services, or otherwise engaging London Landscape to perform the services. The Customer acknowledges that the terms of this Agreement have been made available before or at the time of acceptance and that the Customer has had a reasonable opportunity to review them and obtain independent legal advice if desired. 2. DEFINITIONS For purposes of this Agreement: “Customer” means the owner, tenant, property manager, property management company, condominium corporation, commercial operator or other person or entity engaging London Landscape. “Premises” means the property and areas identified in the estimate or otherwise designated by the Customer for snow and ice management services. “Services” means the snow plowing, snow removal, snow hauling, salting, sanding, de-icing, ice management and related winter maintenance services expressly identified in the estimate. 3. NATURE OF WINTER CONDITIONS The Customer acknowledges and agrees that snow and ice are naturally occurring and constantly changing conditions that cannot be completely eliminated or prevented. Snowfall, freezing rain, sleet, freezing temperatures, thawing and refreezing, drifting snow, wind, traffic, pedestrian activity, shaded areas, drainage conditions, compacted snow, black ice and other weather or site conditions may create hazardous conditions before, during or after London Landscape performs the Services. London Landscape does not and cannot guarantee that the Premises will remain completely free of snow, ice, slippery conditions or hazards at all times. Completion of a snow or ice management service does not constitute a representation or warranty that the Premises are or will remain completely safe or free from snow or ice. 4. SERVICE TRIGGERS AND TIMING Unless expressly stated otherwise in the estimate, London Landscape will provide Services in accordance with the service triggers, priorities and frequency identified in the estimate. The Customer acknowledges that during significant or prolonged winter weather events, London Landscape may be servicing multiple properties and that response times may be affected by weather severity, traffic, equipment availability, road conditions, emergency conditions and the volume of snowfall. London Landscape will use commercially reasonable efforts to perform the Services in accordance with the agreed service specifications; however, exact arrival, completion and treatment times cannot be guaranteed during severe or rapidly changing weather conditions. 5. CONTINUING RESPONSIBILITY OF CUSTOMER The Customer acknowledges that hiring London Landscape for winter maintenance does not transfer all responsibilities relating to the Premises to London Landscape. The Customer remains responsible for: - notifying London Landscape of known hazards, changes to the Premises or areas requiring special attention; - keeping unauthorized vehicles, equipment, materials and other obstructions out of areas designated for snow removal; - ensuring that pedestrians and vehicles use the Premises in a reasonably safe manner; - identifying curbs, sidewalks, drains, speed bumps, wheel stops, landscaping features, structures and other hazards that may be concealed by snow; - maintaining adequate lighting and visibility where reasonably required; - promptly notifying London Landscape of any significant hazard or condition requiring attention; and - taking reasonable measures to protect persons using the Premises during and following winter weather events. The Customer shall not represent to tenants, employees, customers, visitors or other persons that London Landscape guarantees that the Premises will be free of snow, ice or other winter hazards. 6. CUSTOMER'S DUTY TO MONITOR THE PREMISES The Customer acknowledges that winter conditions can develop between scheduled service visits and immediately following a service. Accordingly, the Customer remains responsible for monitoring the Premises and taking reasonable steps to address hazards between London Landscape service visits, including during active storms, freezing rain, thawing and refreezing events. Nothing in this Agreement prevents or relieves the Customer from complying with any duty imposed upon it by applicable law. 7. LIMITATION OF LIABILITY To the fullest extent permitted by applicable law, the Customer agrees that London Landscape shall not be responsible or liable for any loss, injury, claim, damage, cost or expense arising from or relating to: a. snow, ice, freezing rain, sleet or other naturally occurring winter conditions; b. conditions that develop after London Landscape has completed a service; c. conditions occurring between scheduled service visits; d. black ice, thin ice, refrozen precipitation or ice concealed beneath snow; e. conditions caused or contributed to by weather occurring after treatment; f. conditions caused or contributed to by drainage, grading, roof runoff, downspouts, melting snow, water accumulation or refreezing; g. conditions outside the areas expressly included in the estimate; h. hazards concealed by snow or ice; i. vehicles, pedestrians, landscaping, structures, curbs, pavement, drainage structures or other property that is concealed, obstructed or otherwise difficult to identify due to snow or ice; j. the Customer's failure to follow this Agreement or to take reasonable measures to protect persons using the Premises; or k. delays or inability to perform caused by circumstances beyond London Landscape's reasonable control. Nothing in this Agreement is intended to exclude or limit liability to the extent that such exclusion or limitation is prohibited by applicable law. 8. RELEASE To the fullest extent permitted by law, the Customer releases and forever discharges London Landscape Inc., its owners, directors, officers, employees, agents, subcontractors and representatives from claims, demands, actions, causes of action, losses, damages, costs and expenses arising from winter conditions at the Premises, including claims relating to slips, trips, falls or other incidents involving snow or ice, except to the extent such release is prohibited by applicable law or the loss results from conduct for which London Landscape cannot lawfully contract out of liability. The Customer understands that this release is intended to apply to the maximum extent legally permissible and acknowledges that winter maintenance services reduce, but cannot eliminate, the risks associated with snow and ice. 9. INDEMNIFICATION To the fullest extent permitted by law, the Customer agrees to indemnify and hold harmless London Landscape Inc., its owners, directors, officers, employees, agents, subcontractors and representatives from and against claims, demands, actions, liabilities, losses, damages, judgments, costs and reasonable legal expenses arising from or relating to: a. the condition or use of the Premises; b. snow, ice or other winter conditions; c. the acts or omissions of the Customer, its employees, tenants, contractors, agents, invitees or visitors; d. conditions outside the areas included in London Landscape's Services; e. the Customer's failure to comply with this Agreement; or f. any representation made by the Customer concerning the scope, timing or effectiveness of London Landscape's Services, except to the extent that such indemnification is prohibited by applicable law or arises from liability that cannot lawfully be transferred to the Customer. 10. THIRD-PARTY CLAIMS The Customer acknowledges that London Landscape is providing services to the Customer and not directly to members of the public, tenants, customers, visitors or other third parties using the Premises. The Customer shall not make any representation to third parties that London Landscape has guaranteed the safety of the Premises or that London Landscape has assumed all legal responsibilities of the occupier. Nothing in this Agreement is intended to unlawfully restrict the rights of any person who is not a party to this Agreement. 11. NOTIFICATION OF INCIDENTS The Customer shall notify London Landscape as soon as reasonably possible after becoming aware of any slip, trip, fall, injury, property damage, complaint or other incident that may reasonably relate to the Services. The Customer shall preserve relevant evidence and, where reasonably possible, photographs, video surveillance, incident reports, weather information and other documentation relating to the incident. Nothing in this provision is intended to replace or alter any statutory notice or limitation period applicable to a claim. Ontario's Occupiers' Liability Act currently contains a 60-day written-notice requirement for certain personal-injury claims caused by snow or ice against an occupier or an independent snow/ice-removal contractor, subject to statutory exceptions. 12. WEATHER AND SERVICE CONDITIONS London Landscape may suspend, modify, delay or alter Services where necessary because of unsafe weather, unsafe site conditions, equipment limitations, road closures, emergency conditions, inaccessible areas, vehicles or other obstructions, or circumstances beyond its reasonable control. Where conditions make mechanical or manual snow and ice management unsafe or impractical, London Landscape may document the condition and determine an appropriate alternative response. 13. PROPERTY DAMAGE AND HIDDEN CONDITIONS London Landscape will exercise reasonable care while performing the Services. The Customer acknowledges, however, that snow and ice may conceal curbs, retaining walls, landscaping, irrigation systems, drains, utility covers, parking blocks, speed bumps, signs, posts, low structures and other objects. The Customer is responsible for identifying and clearly marking hazards or objects that may reasonably be concealed by snow or ice. London Landscape shall not be responsible for damage to concealed or inadequately marked objects except to the extent caused by negligence or other conduct for which London Landscape is legally responsible. 14. SALT, DE-ICING MATERIALS AND ENVIRONMENTAL CONDITIONS De-icing materials are intended to reduce ice accumulation and improve traction but do not guarantee complete ice removal. The effectiveness of salt, brine, sand or other treatment products may be reduced by extremely low temperatures, precipitation, freezing rain, refreezing, contamination, snow cover and other environmental conditions. The Customer acknowledges that de-icing products may have incidental effects on concrete, asphalt, stone, vegetation, metal, flooring, pets or other materials. London Landscape will use reasonable care in selecting and applying products within the scope of the Services. 15. SERVICE RECORDS London Landscape may maintain records of service dates, times, weather conditions, photographs, materials applied, site observations and other information relating to the Services. Such records may be used to document the Services performed and the conditions encountered at the Premises. 16. CHANGES TO SERVICE AREAS The Customer must obtain London Landscape's approval before adding or removing areas from the agreed service scope. London Landscape shall not be responsible for areas that are not included in the estimate or subsequently approved in writing. 17. FEES AND ADDITIONAL SERVICES The Customer agrees to pay the fees specified in the accepted estimate. Additional services requested by the Customer or required because of circumstances outside the agreed scope may be billed separately at London Landscape's applicable rates. Emergency, excessive snowfall, snow hauling, relocation of accumulated snow, additional salting/de-icing, hand shovelling and other services are chargeable where they are not included in the accepted estimate. 18. INSURANCE London Landscape will maintain such insurance coverage as it determines appropriate for its business operations, subject to the terms, conditions, exclusions and limits of its insurance policies. The existence of insurance does not constitute a guarantee of coverage for any particular claim. 19. NO GUARANTEE OF COMPLETE RISK ELIMINATION The Customer expressly acknowledges that no snow and ice management program can eliminate all risks associated with winter weather. Snow and ice management is a risk-reduction service, not a guarantee of a completely hazard-free Premises. 20. SEVERABILITY If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect. 21. GOVERNING LAW This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the applicable laws of Canada. The parties attorn to the jurisdiction of the courts of Ontario. 22. ENTIRE AGREEMENT This Agreement, together with the accepted estimate and any written service specifications issued by London Landscape, constitutes the agreement between London Landscape and the Customer concerning the Services. If there is a conflict between this Agreement and a specific written term in the accepted estimate, the specific term in the accepted estimate shall govern only to the extent of the conflict. No oral representation or amendment shall modify this Agreement unless confirmed in writing by London Landscape. 23. ACKNOWLEDGEMENT AND ACCEPTANCE By accepting the London Landscape estimate, the Customer confirms that: 1. The Customer has read and understands these Terms and Conditions. 2. The Customer understands that snow and ice are inherently unpredictable and hazardous conditions. 3. The Customer understands that London Landscape cannot guarantee that the Premises will remain free of snow, ice or slippery conditions. 4. The Customer agrees to the allocation of responsibilities contained in this Agreement. 5. The Customer agrees to the release and indemnification provisions to the fullest extent permitted by law. 6. The Customer understands that this Agreement does not purport to exclude liability where such exclusion is prohibited by applicable law. 7. The Customer agrees that acceptance of the estimate constitutes acceptance of these Terms and Conditions. --- CUSTOMER ACCEPTANCE Customer/Company Name: ______________________________________ Property Address: _____________________________________________ Name of Authorized Representative: ______________________________ Signature: ___________________________________________________ Date: _______________________________________________________ OR ☐ Electronic/Verbal Acceptance of Estimate Constitutes Acceptance of These Terms and Conditions --- LONDON LANDSCAPE INC. (519) 630-9974 www.LondonLandscapeInc.com Follow us on Facebook or Instagram to see recent projects and SPECIALS #LondonLandscapeInc @LondonLandscapeInc Supply yard closed seasonally October 31 through April 1 (Delivery Available)