1.1 Owner: As identified in the Estimate.

1.2 Contractor: River City Industries LLC d/b/a River City Winter Works.

1.3 Property: The service location(s) stated in the Estimate.

1.4 Authorized Contacts: The individuals and contact methods designated in the accepted Estimate or another written project record. Updates must be made by written notice under Section 19.

2.1 Season Term: Unless otherwise stated in the Estimate, the seasonal term is November 15 through April 1 of the specified season(s).

2.2 Renewal: Any renewal or extension must be confirmed by email.

3.1 Trigger Depth: The snowfall depth at which plowing begins.

3.2 Event: A continuous period of winter weather requiring service that begins when accumulation‑causing precipitation starts and ends after six (6) consecutive hours without additional accumulation at the Property (measured under §4.7). New accumulation thereafter is a new Event.

3.3 Anti‑Icing: Applying liquid brine or other materials before or at the onset of an Event to reduce bonding to pavement.

3.4 De‑Icing: Applying materials during/after an Event to mitigate slipperiness.

3.5 Materials: Rock salt (sodium chloride), treated salt, liquid brine, calcium chloride, magnesium chloride, abrasives (sand/chip), or functionally similar products.

3.6 Service Areas: Paved areas stated in the Estimate (e.g., lots, drives, entrances, sidewalks).

4.1 Core Services: Snow plowing/clearing, anti‑icing, and de‑icing in the Service Areas identified in the Estimate.

4.2 Residential Trigger: For residential properties, plowing begins at 1.0 inch of accumulation.

4.3 Commercial Trigger: For commercial properties, the Trigger Depth is negotiable and must be agreed by email (defaulting to 1.0 inch if not otherwise agreed).

4.4 Sub‑1″ Policy (Email Request Required): For accumulations under 1 inch, plowing will not occur; salt, brine, or other de‑icing will be performed only upon Owner’s written email request (a standing, season‑long email authorization is permitted and must be renewed per §4.21).

4.5 Refusal of De‑Icing: If Owner declines de‑icing (including brine), Owner assumes all risk for slippery conditions resulting from that decision and will hold Contractor harmless as set forth in §17, except for Contractor’s gross negligence or willful misconduct.

4.6 Anti‑Icing with Brine: Contractor may perform brine pre‑treatment when forecast/conditions warrant if Owner has provided a standing email authorization; otherwise, anti‑icing is performed only upon Owner’s written email request (and must be renewed per §4.21).

4.7 Measurement Standard; Weather Source: Trigger Depth is measured by Contractor on representative paved surfaces using reasonable on‑site measurement; if impracticable, snowfall and pavement temperature may be referenced from NOAA/nearest available station or a reputable commercial weather service designated by Contractor. On‑site representative measurement controls if available. Drifts/wind‑scoured or unrepresentative areas may be excluded in Contractor’s reasonable discretion.

4.8 Response & Priorities: Contractor will use reasonable efforts to respond considering route logistics, storm intensity, timing, and site needs; specific response times are not guaranteed. Owner must promptly email Contractor about any unsafe conditions.

4.9 Multiple Visits; Continuous Storms: During prolonged/blowing snow, multiple pushes/applications may be required and billed accordingly.

4.10 Heavy/Successive Accumulations: If accumulation reaches 8 inches or more or successive events necessitate additional/loader equipment, Contractor will seek email authorization; hourly/equipment rates apply in addition to other charges. If Owner cannot be reached, Owner pre‑authorizes Contractor to act reasonably to maintain access/safety at published rates.

4.11 Parked Vehicles & Obstructions; Vehicles Disclaimer: Contractor is not responsible for clearing/treating areas blocked by parked vehicles/obstructions and is not responsible for damage to or from parked or moving vehicles during service. Contractor will make reasonable attempts to clear around vehicles without risk of damage.

4.12 Municipal Windrows: Clearing municipal windrows across entries/aprons is included once per Event; repeated returns caused by additional municipal passes may be billed.

4.13 Refreeze / Freeze‑Thaw; Reconsolidation: Owner acknowledges refreeze/black ice may occur after service due to melt, shade, drainage, or temperature drops. Post‑service reconsolidation, drifting, or windrow formation is not a defect in service; return visits are billable unless otherwise agreed by email.

4.14 Snow Placement; Hauling: Snow will be piled on‑site in reasonable stacking areas. Hauling/off‑site removal is not included unless authorized by email; hauling is billable.

4.15 Service Areas Only: Services are limited to areas stated in the Estimate. Additional areas require email authorization and may be billed.

4.16 Freezing Rain / Ice‑Only Events: When freezing rain or ice is forecast/observed, Contractor may perform anti‑icing/de‑icing without regard to snowfall Trigger only if authorized by Owner via email (a season‑long email authorization is permitted and must be renewed per §4.21). Charges apply.

4.17 Severe Weather Triage: During extreme or declared emergency conditions (e.g., blizzard, road closures, shortages), Contractor may triage routes and prioritize access/life‑safety areas at its reasonable discretion; ETAs and frequencies are not guaranteed.

4.18 No Continuous Monitoring: Contractor does not provide continuous site monitoring between visits. Services are performed per Event and per written email authorizations/standing instructions.

4.19 Open‑Up / Clean‑Up: During active Events, Contractor may perform an Open‑Up pass to restore access (lanes/entries). Clean‑Up/Widening to curb‑to‑curb, stall clearing, and push‑backs typically occur after the Event ends and may be billed separately if outside the Estimate scope.

4.20 Temporary Safety Suspension: Contractor may suspend work in any area it deems unsafe (e.g., congested pedestrians, downed lines, obstructed surfaces) and will resume when reasonably safe. Such suspension is not a breach.

4.21 Seasonal Renewal of Standing Instructions: Any standing email authorization for anti‑icing/de‑icing under §4.4 or §4.16 expires at the end of each Season Term and must be renewed by email for the following season.

5.1 Access; Marking; Staking: Before the season, Owner will email any site drawings/notes and will mark hazards (curbs, islands, utilities, drains, speed bumps, uneven pavement, low overhangs) and install high‑visibility stakes along curbs/islands/drains/transitions. Contractor can perform staking at additional cost if requested by email.

5.2 Vehicles/Obstacles: Owner will use reasonable efforts to move vehicles/portable obstacles in service windows.

5.3 Drainage & Premises Conditions: Owner is responsible for drainage, broken pavement, heaved concrete/asphalt, pre‑existing defects, and conditions affecting outcomes.

5.4 Notice & Acceptance of Service: Owner must email Contractor about unsafe conditions or alleged service deficiencies by the earlier of 12 hours after service or by 10:00 a.m. the next calendar day if service occurred overnight; otherwise service is deemed accepted.

5.5 Interior/Entry Slip Hazards: Owner is responsible for interior walk‑off mats, wet‑floor signage, and any temporary exterior caution signage. Contractor’s services mitigate, but do not eliminate, slip hazards.

5.6 Downstream Notice: Owner is responsible for informing tenants/residents/users of Trigger Depths, sub‑1″ policy, and caution expectations; failure to do so does not expand Contractor’s duties.

6.1 Availability: Materials (including salt and brine) are subject to market availability. If unavailable, services may be delayed or not performed; Contractor is not in breach for shortages.

6.2 Price Changes/Surcharges: Contractor may adjust prices and/or apply surcharges when material costs spike; additional charges may be invoiced after each application.

6.3 Residue & Aesthetics: Materials may leave residue/film/white staining and contribute to minor corrosion or cosmetic effects; these are normal incidents of winter maintenance.

6.4 Temperature Limitations: Owner acknowledges certain Materials (e.g., sodium‑chloride salt/brine) have reduced effectiveness at lower pavement temperatures and that Contractor may recommend alternatives (e.g., treated salt, calcium/magnesium chloride) at additional cost. Complete melting is not guaranteed under extreme conditions.

6.5 Environmental Practices & Stormwater: Contractor applies Materials at calibrated, industry‑consistent rates to balance safety and chloride loading. Owner remains responsible for site drainage and stormwater compliance.

7.1 Equipment: Contractor may use trucks with steel plows, pushers, loaders, skid steers, spreaders, liquid brine systems, and hand equipment.

7.2 Standard of Care: Contractor will perform services in a good and workmanlike manner consistent with industry practice and to Owner’s reasonable satisfaction.

7.3 No Guarantee of Perfect Conditions: Contractor does not guarantee surfaces will be entirely free of snow/ice or that slip hazards will be eliminated. Winter conditions are inherently variable; Owners/users must exercise caution.

8.1 Reasonable Care; Limitations; Vehicles: Contractor will exercise reasonable care to avoid damage; however, Contractor is not liable for damage to items covered by snow and not visible, for pre‑existing defects, for incidental/inevitable effects of plowing/Materials (e.g., minor scuffing, abrasive marks, salt/brine residue), or for damage to or from parked/moving vehicles during service.

8.2 Steel Plow Surfaces: Steel plows may leave scraping marks or rust spots; Owner acknowledges these are normal wear and tear of winter service.

8.3 Curbs/Asphalt/Concrete: Contractor is not liable for damage to asphalt/curbing/pavers/concrete from piles, frost heave, existing cracks, or edge spalling.

8.4 Turf/Plantings: Contractor is not responsible for turf burn or plant damage from Materials. If turf is physically damaged by plowing, Contractor will provide pricing for repair after May 1 based on seasonal conditions.

8.5 Damage Reporting: Please report a concern promptly after discovering it, describe the issue, and provide available photographs or other supporting information. A delay in reporting does not automatically waive a claim, shorten a statutory limitation period, or eliminate a nonwaivable right. Any effect of a delay will be limited to what applicable law permits, taking account of actual prejudice to investigation or correction.

8.6 New Concrete / Specialty Surfaces: Owner shall email‑notify Contractor of newly poured concrete (≤12 months), sealed/decorative concrete, specialty pavers, or coatings. Owner acknowledges potential spalling/etching/discoloration from Materials and assumes risk unless suitable alternatives (if available) are authorized by email at additional cost.

8.7 Inspection and Preservation: Give Contractor a reasonable opportunity, ordinarily within seven days after notice, to inspect alleged damage before nonurgent alteration. Owner may take immediate reasonable measures to prevent injury or further damage. Where practical, document conditions and preserve evidence. A failure to preserve evidence affects a claim only to the extent permitted by applicable law and supported by actual prejudice.

8.8 Specialty Surfaces Methods: On pavers, stamped/colored/epoxy‑coated, or decorative concrete, Contractor may use equipment or Materials reasonably suited to conditions; surface marring or abrasion from contact equipment may still occur despite reasonable care and is deemed normal for winter maintenance.

8.9 Roadside Fixtures: Owner assumes risk for mailboxes, landscape lighting, low posts, and similar fixtures located within plow throw or stacking zones unless clearly marked and set back per local standards.

9.1 Documentation: Contractor may photograph/video the Property and maintain service logs for documentation, quality, billing, defense, and marketing (without disclosing confidential Owner information).

9.2 Records Retention: Contractor will retain service logs/images for at least 24 months after the Season Term unless a claim is pending.

9.3 Service Records as Evidence: Time‑stamped photos, GPS/telematics, and service logs maintained by Contractor shall constitute prima facie evidence of service timing and scope.

Owner shall email‑notify Contractor within 24 hours of any slip‑and‑fall incident allegedly related to winter conditions at the Property and provide available details (date/time, location, photos/video, witness contacts). The parties will preserve and share relevant records in good faith. Failure to provide timely notice may prejudice investigation/defense.

10.1 Rates: As stated in the Estimate or subsequent email agreement (per‑push, per‑event, T&M, seasonal, or hybrid).

10.2 Invoices: Emailed after service or on the schedule stated in the Estimate; Net 15 days from invoice date.

10.3 Interest; Nonpayment: For an undisputed principal balance remaining unpaid more than 30 days after its due date, simple interest may accrue prospectively at 0.75% per month (9% per year), or the lower maximum lawful rate, only if this charge was disclosed and agreed to before service. Interest is not compounded and is not charged on prior interest, fees, or amounts subject to a timely, good-faith billing dispute while that dispute is being reviewed. No separate percentage late-payment penalty is imposed by these Terms. Nothing in this provision authorizes a charge prohibited by applicable law. Before suspending service for nonpayment, Contractor will give written notice identifying the unpaid balance, a reasonable opportunity of at least five calendar days to cure, and the proposed suspension date. The notice will identify services that will stop so Owner can arrange alternatives. Emergency safety suspensions are addressed separately. Suspension does not excuse liability for Contractor’s own actionable conduct.

10.4 Collection Costs: Reasonable, actually incurred collection costs and attorney’s fees may be recovered only when authorized by applicable law and an enforceable agreement, or awarded by a court. Prepaid funds may be applied to amounts properly due, with an accounting to Owner.

10.5 Payment Disputes: Owner should identify any billing concern promptly in writing, preferably within 10 days of receipt. Missing that requested window does not automatically accept an incorrect invoice or waive a legal right. Undisputed amounts remain payable when due.

10.6 No Set‑Off: Owner may not withhold payment or set off amounts due except as required by law or agreed by email.

10.7 Processing and Returned-Payment Charges: No card-processing surcharge is imposed by these general Terms. Any permitted credit-card surcharge must be separately disclosed before acceptance and comply with applicable law, card-network rules, and the processor agreement. No surcharge applies to debit or prepaid cards. Returned-payment charges are limited to actual, documented bank costs and applicable legal limits, with advance disclosure where required.

10.8 Deposit/Retainer (If Stated): If the Estimate specifies a deposit/retainer, Owner shall maintain it; unused portions may be applied to final invoices.

10.9 Minimum Charges: Each mobilization for plowing and each de‑icing/anti‑icing application is subject to a minimum charge as stated on the Estimate or current written rate sheet.

10.10 After‑Hours & Holidays: Services performed on New Year’s Day, MLK Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas, or during municipal‑restricted hours may be billed at premium rates when noted on the Estimate or by subsequent email.

Any change in scope, Trigger Depth, Service Areas, priorities, or Materials must be approved by email and may affect price/schedule. Return visits for refreeze, windrows, or Owner requests outside scope are billable.

12.1 Coverage: Contractor will maintain insurance required by applicable law for the services it performs. Current policies, limits, exclusions, and endorsements must be confirmed through the insurer or authorized insurance representative; these Terms do not certify particular coverage or a particular dollar limit.

12.2 Project Requirements: Additional-insured status, primary and non-contributory coverage, waivers of subrogation, or other endorsements are included only if separately agreed in writing and confirmed available from the insurer before the obligation is accepted. These Terms do not bind an insurer or require Owner’s insurer to waive any right.

12.3 Evidence of Coverage: Contractor will provide available insurance evidence on request. A certificate is informational and does not expand policy coverage. No umbrella or excess policy is promised by these Terms.

13.1 Termination for Convenience: Either party may terminate with 15 days’ email notice. Owner shall pay for all services/materials through the termination date.

13.2 Termination/Suspension for Cause: Suspension or termination for nonpayment follows the notice and cure process in Section 10.3. For another material breach, Contractor will give written notice and a reasonable opportunity to cure where practicable. Immediate safety suspension remains available under Section 4.20.

13.3 Survival: Payment, indemnification, limitations of liability, governing law, and dispute provisions survive termination.

14.1 Subcontractors: Contractor may use qualified subcontractors and will require them to maintain insurance/obligations no less protective than those applicable to Contractor.

14.2 Independent Contractor: Contractor is an independent contractor.

14.3 Direction: Owner shall not direct or supervise subcontractors; all directions flow through Contractor.

15.1 Force Majeure: Contractor is not liable for delay/non‑performance due to events beyond reasonable control, including severe/extreme weather, blizzards, ice storms, supply shortages, accidents, equipment breakdowns, labor issues, government actions, or utility failures. Performance is excused during such events.

15.2 Change in Law: If a change in law, ordinance, or governmental guidance increases the cost or scope of services (e.g., chloride restrictions, municipal response rules), Contractor may issue an email change notice adjusting methods and pricing effective upon notice.

If Owner indicates by email that services are subject to the Illinois Prevailing Wage Act or similar requirements, Contractor will comply (including certified payroll). Any increased wage/fringe, reporting, bonds, or compliance costs will be billed per the Estimate or a subsequent email change order.

17.1 Owner Indemnification: To the fullest extent permitted by law, Owner shall defend, indemnify, and hold harmless Contractor, its owners, employees, and subcontractors from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) the condition of the Property; (b) Owner’s acts/omissions; (c) Owner’s selection of Trigger Depth or refusal of de‑icing/anti‑icing (including brine); or (d) incidents involving third parties at the Property, except to the extent caused by Contractor’s gross negligence or willful misconduct.

17.2 No‑Salt / No‑De‑Icing Assumption of Risk: If Owner declines de‑icing/anti‑icing by email, Owner assumes all risk for resulting slip hazards and shall indemnify Contractor as above.

17.3 No Third‑Party Beneficiaries: This Agreement creates obligations only between Owner and Contractor; no third party may rely on or enforce it.

17.4 Mutual Waiver of Consequential Damages: Each party waives any claim against the other for consequential, incidental, special, exemplary, or punitive damages (including lost profits or business interruption), to the fullest extent permitted by law.

17.5 Limitation of Liability (Contractor): Contractor’s aggregate liability shall not exceed the fees paid by Owner to Contractor for services performed during the 60 days immediately preceding the event giving rise to the claim, except as prohibited by law.

This Agreement is governed by the laws of the State of Illinois. The parties consent to exclusive jurisdiction and venue in the state or federal courts located in Peoria, Illinois.

Before filing suit, the parties shall engage in good‑faith negotiations and, if unresolved within 30 days, non‑binding mediation in Peoria, Illinois. If litigation proceeds, venue remains as set forth in §18.

To the fullest extent permitted by law, each party waives trial by jury in any action or proceeding arising out of or relating to this Agreement.

In any action to enforce or interpret this Agreement (other than collections already addressed in §10.4), the prevailing party is entitled to recover its reasonable attorneys’ fees and costs.

19.1 Written Communications: Written approvals and notices may be made by signed paper document, email between Authorized Contacts, or an attributable acceptance or message in Markate or another platform the parties agree to use. Contractor will retain a copy or export with the project record. These methods satisfy references elsewhere in this Agreement to “email” approval, authorization, or notice, including Sections 4 and 17. A project agreement may designate a specific channel for urgent operational requests.

19.2 Delivery: An email or platform notice is effective when delivered to the designated address or account without a known delivery failure; a signed paper notice is effective when delivered to the designated contact. For time-sensitive safety or service-suspension notices, the sender will use reasonable follow-up measures to confirm receipt. A website update alone is not notice to an existing customer.

19.3 Authority: Approvals must come from the Owner or an Authorized Contact identified for the project. Use of an Owner’s email domain alone does not establish authority. Either party may update its designated contacts by written notice.

If any provision is invalid/unenforceable, the remainder remains in force. No waiver of any breach constitutes a waiver of any other breach.

This Agreement and the accepted Estimate comprise the agreement for the project. The Estimate identifies the site, season, service areas, triggers, rates, and any agreed special requirements. Site-specific terms control those specific items; otherwise these Terms govern. Amendments require mutual written approval using a method permitted by Section 19.

Unless the accepted project agreement identifies another version furnished to Owner, the applicable Terms are the version published and available when Owner accepts the Estimate. Later website updates do not automatically amend an accepted agreement. Contractor will retain the acceptance record and corresponding Terms copy or permanent version link. Published versions are organized by date and time; where a date contains multiple versions, the accepted document or copy furnished at acceptance determines the applicable version.