RIVER CITY PRESSURE WASHING
TERMS AND CONDITIONS OF SERVICE
Effective Date: June 7, 2024 • Last Updated: August 1, 2025
INTRODUCTION AND AGREEMENT
This Terms and Conditions Agreement (“Agreement”) constitutes a legally binding contract between the client (“Client”) and River City Pressure Washing (“Company”), located at 514 Kaskaskia Road, Marquette Heights, Illinois 61554. By scheduling, accepting, or receiving services from the Company, the Client acknowledges that they have read, understood, and agree to be bound by all terms and conditions contained herein.
1.1 DEFINITIONS
• “Business Day” – Any day other than Saturday, Sunday, or an Illinois state or federal holiday.
• “Work Area” – The portion of the Client’s property where services will be performed.
• “Force Majeure Event” – An event described in § 11.2 that is beyond the reasonable control of the affected party.
• “Service Window” – The 30‑minute period before and after the scheduled appointment time during which the Company may arrive.
SCOPE OF SERVICES
2.1 Services Provided
The Company specializes in professional pressure‑washing and wood‑restoration services for residential and commercial properties, including but not limited to:
• Exterior building cleaning (siding, roofs, gutters)
• Concrete surfaces (driveways, walkways, patios)
• Deck and fence cleaning and restoration
• Wood staining and sealing services
• Soft‑washing and chemical‑cleaning applications
• Window washing services (interior and exterior)
2.2 Service Customization and Types
• One‑Time Services – Individual cleaning services upon request.
• Recurring Services – Weekly, monthly, seasonal, or annual schedules with potential special rates and scheduling priority.
• Service Customization – Specific details and exclusions are documented in the written estimate or work order.
• Specialized Cleaning – Services beyond routine cleaning (e.g., paint‑overspray removal, hard‑water stain removal, construction‑debris cleanup) must be noted in the service agreement and may incur additional charges.
2.3 Service Limitations
Services are limited to those explicitly detailed in the Client’s written estimate or work order. No additional or implied services are included unless agreed to in writing. The Company may refuse or discontinue service if site conditions pose safety risks or potential damage beyond the scope of responsibility outlined herein.
COMMERCIAL SERVICE AGREEMENTS
3.1 Contract Requirement – All commercial Clients must sign a Service Agreement prior to commencement of regular services.
3.2 Contract Terms – Commercial Service Agreements specify the services to be performed, service schedule, pricing, payment terms, and any Client‑specific requirements.
3.3 Duration and Termination – Contracts may be for fixed periods or open‑ended until cancelled. Either party may terminate with thirty (30) days’ written notice unless otherwise stated. Long‑term Clients may receive locked‑in rates or priority scheduling.
SCHEDULING, CANCELLATION, AND STATUTORY RESCISSION
4.1 Scheduling Terms
Appointments are scheduled on a first‑come, first‑served basis. The Company will provide estimated arrival times and may arrive within the Service Window. Services are weather‑dependent and subject to delay due to inclement conditions.
4.2 Client‑Initiated Cancellations
• ≥ 24 Hours’ Notice – No cancellation fee; deposits refunded or applied to a rescheduled date.
• < 24 Hours’ Notice – Cancellation fee of up to 50 % of the service price (minimum USD 50) applies.
• No‑Show – If the Client is unavailable at the scheduled time without prior notice, or fails to provide proper access, the same cancellation fee applies.
4.3 Company‑Initiated Rescheduling
No fees are charged for weather‑related or Company‑initiated rescheduling. If the Client cannot accommodate a new date, any deposit is refunded. The Company will notify the Client as soon as practicable of any change.
4.4 STATUTORY RIGHT OF RESCISSION (RESIDENTIAL CUSTOMERS)
Pursuant to the Illinois Home Repair and Remodeling Act, 815 ILCS 513/15, and the Federal Trade Commission “Cooling‑Off Rule,” 16 C.F.R. § 429.1, ANY RESIDENTIAL CLIENT WHO ENTERS INTO A CONTRACT FOR SERVICES AT THE CLIENT’S RESIDENCE MAY CANCEL THIS AGREEMENT WITHOUT PENALTY WITHIN THREE (3) BUSINESS DAYS AFTER THE DATE OF SIGNING OR RECEIPT OF THE REQUIRED HRRA PAMPHLET, WHICHEVER IS LATER. To cancel, the Client must deliver written notice to the Company at the address in § 15 before midnight of the third Business Day. A statutory cancellation form accompanies every estimate. THIS RIGHT OF RESCISSION IS IN ADDITION TO THE CANCELLATION OPTIONS IN § 4.2.
CLIENT RESPONSIBILITIES
5.1 Property Access and Preparation – Provide clear, safe access to all Work Areas; ensure functional water supply and electrical access if required; remove or relocate personal property from Work Areas.
5.2 Utilities and Site Conditions – Provide operational outdoor water spigot; provide access to electrical outlets if required; secure all openings to prevent water intrusion.
5.3 Safety and Security – Keep pets and children away from Work Areas; restrain animals that may pose risks; follow temporary hazard warnings.
5.4 Disclosure of Known Hazards – Prior to commencement, the Client shall disclose in writing any known hazards (e.g., wasp nests, unstable structures, underground utilities) that could endanger personnel or equipment.
5.5 Compliance and Permissions – Ensure the Company has permission to be on the property; obtain owner, landlord, HOA, or regulatory approval as required.
5.6 SURFACE‑CONDITION REPRESENTATIONS; DISCLAIMER
(a) Client Representation and Warranty. The Client represents and warrants that, to the best of the Client’s knowledge, all windows, doors, electrical fixtures, paint coatings, sealants, and substrate materials in the Work Area are in watertight and serviceable condition or have been expressly disclosed to the Company in writing.
(b) Company Disclaimer. EXCEPT FOR THE COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE, MOISTURE INTRUSION, PAINT LOSS, OXIDATION, ELECTRICAL FAILURE, OR SIMILAR CONDITION ARISING FROM (i) PRE‑EXISTING DEFECTS, (ii) HIDDEN OR LATENT CONDITIONS, OR (iii) THE CLIENT’S FAILURE TO MAKE THE DISCLOSURE DESCRIBED IN § 5.6(a).
(c) Indemnity. The Client shall indemnify and hold harmless the Company from third‑party claims, losses, or damages that result from conditions that were not disclosed as required above.
5.7 Delicate Fixtures and Personal Property – Any object left in or near the Work Area is deemed capable of withstanding cleaning. The Client remains responsible for heavy, fragile, or built‑in features unless otherwise agreed in writing.
PAYMENT TERMS AND CONDITIONS
6.1 Transparent Pricing – All estimates are free; quoted prices are final absent Client‑approved scope changes; all amounts are in U.S. dollars and exclusive of applicable taxes unless stated otherwise.
6.2 Payment Terms – Residential: payment is due upon completion unless otherwise agreed in writing. Commercial: payment terms are as set forth in the Service Agreement (typically Net 15 or Net 30). Accepted methods include cash, check, credit/debit card, and electronic payment.
6.3 LATE PAYMENTS, ADMINISTRATIVE FEE, AND INTEREST
(a) Administrative Fee. Any invoice unpaid fifteen (15) days after its due date is subject to a ONE‑TIME ADMINISTRATIVE FEE OF TWENTY‑FIVE DOLLARS (USD 25.00).
(b) Interest. Unpaid balances thereafter accrue simple interest at the lesser of 0.75 % per month (9 % per annum) or the maximum rate permitted under 815 ILCS 205/4.
(c) Collection Costs. The Client is responsible for reasonable attorneys’ fees and collection expenses incurred in recovering overdue amounts.
6.4 Additional Charges – Cancellation fees as outlined in § 4.2; additional preparation charges where the Client fails to meet responsibilities; scope change charges with prior Client approval; pass‑through of municipal water surcharges where applicable.
SERVICE DISCLAIMERS AND LIMITATIONS
7.1 Stain‑Removal Limitations – No guarantee is made that all stains (e.g., artillery fungus, deep‑set oil, efflorescence) can be removed.
7.2 Wood‑Restoration Color Variations – Natural wood variability may cause color differences; exact matches are not guaranteed.
7.3 Concrete and Surface Cleaning Results – Results vary with surface condition and prior treatments.
7.4 Water and Mineral‑Related Issues – The Company is not responsible for mineral discoloration caused by water chemistry.
7.5 Oxidation Disruption – Cleaning may remove oxidation unevenly; oxidation removal is not included unless expressly requested.
7.6 Wood‑Restoration Durability – No warranty is provided beyond manufacturer material warranties.
7.7 Untreated‑Wood Discoloration – The Company is not liable for discoloration of bare or untreated wood caused by cleaning agents or water exposure.
LIABILITY, INSURANCE, AND RISK ALLOCATION
8.1 Insurance Coverage – The Company maintains comprehensive general liability and workers’ compensation insurance; certificates are available upon request.
8.2 Company Responsibility – Accidental damage caused solely by the Company will be addressed and, where appropriate, submitted to the Company’s insurer.
8.3 Pre‑Existing Conditions – The Company is not liable for damage to surfaces or components already defective, structurally unsound, or otherwise compromised.
8.4 Property Damage Protocol – The Client must inspect Work Areas and report issues within three (3) calendar days of service completion.
8.5 Turf, Hardscape, and Heavy‑Equipment Impact – When onsite conditions require the use of lifts, skid‑steers, aerial work platforms, or other heavy equipment, the Company will exercise commercially reasonable efforts—including but not limited to the placement of plywood sheets, rubber track mats, or similar protective measures—to minimize ruts, soil compaction, or cracking of turf, asphalt, concrete, pavers, and other hardscapes. NOTWITHSTANDING SUCH EFFORTS, AND EXCEPT FOR THE COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE CLIENT ACKNOWLEDGES AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR COSMETIC OR INCIDENTAL DAMAGE (INCLUDING BUT NOT LIMITED TO SURFACE IMPRESSIONS, SCRAPES, MINOR SETTLEMENT, OR STRESS FRACTURES) RESULTING FROM THE WEIGHT OR OPERATION OF SUCH EQUIPMENT.
8.6 Photography, Documentation, and Privacy – Pre‑ and post‑service images are captured for quality control and dispute resolution. Marketing use requires a separate written release.
8.7 Mutual Waiver of Subrogation – To the extent permitted by law and their respective insurance policies, the Client and the Company each WAIVE ALL RIGHTS OF SUBROGATION against the other for covered losses.
WARRANTY AND SATISFACTION GUARANTEE
9.1 100 % Satisfaction Guarantee – The Client must notify the Company within 24–48 hours of completion to invoke the guarantee.
9.2 Service‑Quality Resolution – The Company may re‑clean, issue a partial credit, or provide a refund at its discretion.
9.3 Workmanship – Services are performed by qualified personnel using industry‑standard techniques.
9.4 Materials – Third‑party materials are warranted solely by their manufacturers.
9.5 Post‑Service Care Instructions – Failure to follow Company after‑care instructions voids the satisfaction guarantee for the affected areas.
LIMITATION OF LIABILITY
10.1 DAMAGES CAP – EXCEPT FOR DAMAGES RESULTING FROM THE COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE COMPANY’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS SHALL NOT EXCEED THE AMOUNT PAID BY THE CLIENT FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
10.2 EXCLUDED DAMAGES – IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF USE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
10.3 INDEMNIFICATION – The Client shall INDEMNIFY AND HOLD HARMLESS the Company from third‑party claims arising out of the Client’s breach of this Agreement or failure to fulfill Client responsibilities, EXCLUDING CLAIMS CAUSED BY THE COMPANY’S NEGLIGENCE.
FORCE MAJEURE AND WEATHER CONDITIONS
11.1 Weather‑Related Delays – Services may be delayed or rescheduled due to inclement weather; the Company is not liable for such delays.
11.2 Force Majeure Events – The Company is not liable for delays or failures caused by natural disasters, pandemics, power outages, strikes, or other events beyond reasonable control.
11.3 Extreme‑Temperature Adjustments – Services may be modified or rescheduled when ambient temperatures are below 38 °F (3 °C) or above 95 °F (35 °C) to maintain safety and quality.
DISPUTE RESOLUTION
12.1 Initial Resolution – The Client must first present any dispute to the Company in writing and allow a reasonable opportunity to cure.
12.2 Governing Law and Exclusive Venue – This Agreement is governed by Illinois law. ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY IN (i) THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT, TAZEWELL COUNTY, ILLINOIS, OR (ii) THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS. THE PARTIES IRREVOCABLY SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS.
12.3 LIMITATIONS PERIOD – ANY CLAIM OR CAUSE OF ACTION UNDER THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER IT ACCRUES.
12.4 CLASS‑ACTION WAIVER – THE PARTIES AGREE THAT ANY DISPUTE SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE CLIENT HEREBY WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
COMPLIANCE WITH LAWS AND REGULATIONS
13.1 General Compliance – The Company complies with applicable local, state, and federal laws, OSHA safety regulations, and EPA guidelines.
13.2 Environmental Compliance – The Company captures, diverts, or otherwise manages wash water in accordance with Clean Water Act best‑management practices and local storm‑sewer ordinances.
GENERAL PROVISIONS
14.1 Entire Agreement – This document, together with any written Service Agreement or project proposal, constitutes the entire agreement between the parties.
14.2 Modifications and Amendments – No amendment is binding unless in writing and signed by both parties. The Company may update these terms with thirty (30) days’ advance notice; continued use of services constitutes acceptance.
14.3 Severability – If any provision is deemed unenforceable, it shall be severed and the remainder shall remain in effect.
14.4 No Waiver – Failure to enforce any provision at any time does not constitute a waiver of that provision.
CONTACT INFORMATION
River City Pressure Washing
514 Kaskaskia Road • Marquette Heights, IL 61554
Phone: 309‑213‑9622 • Email: [email protected]
Website: www.rivercityclean.com
Business Hours: 7:00 a.m. – 6:00 p.m., Monday through Saturday
Thank you for choosing River City Pressure Washing. We are committed to delivering exceptional results with professionalism and integrity.
SNOW & ICE MAINTENANCE SERVICES AGREEMENT
Effective Date: June 7, 2024 • Last Updated: September 1, 2025
River City Winter Works (“Contractor”) and the client identified in the corresponding Estimate (“Owner”) enter into this Snow & Ice Maintenance Services Agreement (“Agreement”) for services performed in Illinois.
Acceptance of Terms. By accepting the Estimate (including by email confirmation, platform acceptance, or payment), Owner accepts and is bound by this Agreement as of the acceptance date. No signature is required. All authorizations, changes, requests, approvals, notices, disputes, and terminations under this Agreement must be in writing via email between the parties’ Authorized Contacts.
1. PARTIES; PROPERTY; AUTHORIZED CONTACTS
1.1 Owner: As identified in the Estimate.
1.2 Contractor: River City Winter Works.
1.3 Property: The service location(s) stated in the Estimate.
1.4 Authorized Contacts: The individuals and email addresses listed on the Estimate or the email address(es) used to accept the Estimate. Either party may update its Authorized Contacts by email.
2. TERM
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. DEFINITIONS
3.1 Trigger Depth: The snowfall depth at which plowing begins.
3.2 Event: A continuous period of winter weather requiring service.
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. SCOPE OF SERVICES; TRIGGERS; OPERATIONS
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).
4.5 Refusal of De‑Icing (No‑Salt Waiver): If Owner declines de‑icing (including brine) by email, Owner assumes all risk for slippery conditions resulting from that decision and will hold Contractor harmless as set forth in Section 17, except for Contractor’s gross negligence or willful misconduct. Verbal refusals are not permitted.
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 will be performed only upon Owner’s written email request.
4.7 Measurement Standard: Trigger Depth is measured by Contractor on representative paved surfaces at the Property using reasonable on‑site measurement; if impracticable, Contractor may reference a mutually acknowledged local weather record. 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: Owner acknowledges refreeze/black ice may occur after service due to melt, shade, drainage, or temperature drops. Additional 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). 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.
5. OWNER RESPONSIBILITIES
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.
6. MATERIALS; AVAILABILITY; ENVIRONMENT
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. EQUIPMENT; STANDARD OF CARE; NO GUARANTEE
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. PROPERTY DAMAGE; SURFACE CONDITIONS
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: Alleged property damage must be reported by email within 48 hours of discovery; failure to provide timely notice waives the claim.
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.
9. DOCUMENTATION; PHOTOGRAPHY; RECORDS
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.
9A. INCIDENT REPORTING & COOPERATION
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. PRICING; INVOICING; PAYMENT
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 Late Charges; Suspension: Past‑due balances accrue a 5% service charge every 30 days (plus applicable fees). Contractor may suspend services for nonpayment without liability; Owner remains responsible for conditions during suspension.
10.4 Attorneys’ Fees; Collections: Owner will pay Contractor’s reasonable attorneys’ fees and collection costs. Contractor may apply any prepaid balance to unpaid amounts.
10.5 Payment Disputes: Owner must dispute any invoice by email within 10 days of receipt; otherwise the invoice is deemed accepted.
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 Convenience/NSF Fees: Where permitted by law, credit/debit card payments may include a disclosed processing fee as shown on the Estimate/invoice; returned/NSF payments may incur a fee as shown on the Estimate/invoice.
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.
11. CHANGES; ADDITIONAL WORK
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. INSURANCE
12.1 Coverages: Contractor will maintain Commercial General Liability and Commercial Auto as required by Illinois law; Workers’ Compensation as required by law; and Employers’ Liability with limits not less than $500,000 each accident/disease/employee (or as carried by Contractor if higher).
12.2 Additional Insured; Primary & Non‑Contributory: For commercial properties, upon email request, Contractor will name Owner as Additional Insured on GL and Auto for ongoing/completed operations, on a primary and non‑contributory basis, to the extent available.
12.3 Waiver of Subrogation (Property Damage): To the extent permitted by law, each party’s property insurers shall waive subrogation against the other for property damage.
12.4 Certificates: Contractor will email a certificate of insurance (and available endorsements) upon request.
12.5 Umbrella/Excess: Contractor may maintain umbrella/excess liability over GL/Auto/Employers’ Liability.
13. TERMINATION; DEFAULT
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: Contractor may suspend or terminate immediately for nonpayment or Owner breach.
13.3 Survival: Payment, indemnification, limitations of liability, governing law, and dispute provisions survive termination.
14. SUBCONTRACTORS; INDEPENDENT CONTRACTOR; DIRECTION
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. 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.
16. PUBLIC WORKS / PREVAILING WAGE (IF APPLICABLE)
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. INDEMNIFICATION; ALLOCATION OF RISK; NO THIRD‑PARTY BENEFICIARIES; LIMITATION
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 Limitation of Liability: In no event shall Contractor be liable for incidental, indirect, special, exemplary, or consequential damages (including lost profits, business interruption, or diminution in value). 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.
18. GOVERNING LAW; VENUE
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.
18A. DISPUTE RESOLUTION—MEDIATION STEP
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 Section 18.
19. NOTICES; EMAIL COMMUNICATIONS
All notices and approvals must be by email between Authorized Contacts. An email is deemed delivered when sent (absent bounce‑back or system notice of failure). Either party may update its notice email addresses by email.
20. SEVERABILITY; NO WAIVER
If any provision is invalid/unenforceable, the remainder remains in force. No waiver of any breach constitutes a waiver of any other breach.
21. ENTIRE AGREEMENT; ORDER OF PRECEDENCE; E‑SIGN
This Agreement (together with the Estimate, which sets site‑specific terms like addresses, service areas, triggers, and rates) is the entire agreement and supersedes prior proposals/communications. In any conflict, site‑specific terms in the Estimate (triggers, service areas, rates) govern those specific items; otherwise, these Terms govern. Amendments must be by email. Electronic acceptances and counterparts are valid and binding.
