By purchasing this product you agree to the following;The above-named individual, heretofore referred to as “the client” and ITSNOWPROBLEM, LLC, heretofore referred to as the “provider” agree as follows:SERVICE PROVIDED:The Client hereby agrees to engage the provider to provide the client with the following services, heretofore called “the service”
DRIVEWAY SNOW REMOVALTERM OF THE AGREEMENT:The Term of this Agreement will begin as of November 1, 2019 and will remain in full force and effect until the end of snow season, namely, March 31, 2020. This Agreement is subject to early termination as provided herein below.PERFORMANCE:Provider will utilize all equipment necessary to ensure client’s driveway is clear of snow, provided that the snow level where client’s vehicle can egress its driveway remains unobstructed upon provider’s departure on the day of service. Clear driveway means a driveway where a vehicle can maneuver safely even when snow is present.EQUIPMENT:Client understands and acknowledges that provider may utilize the following equipment in order to perform under this agreement.
Snow blowerCLIENT’S ACKNOWLEDGMENT:Clients hereby acknowledges that once this contract commences on November 1, that there are no cancellations on the part of the client nor any refunds. By November 1, Provider has already taken into account client’s service residence for the entire snow season. Once this contract begins provider has engaged the necessary personnel and equipment to provide performance under this contact. NO REFUNDS AFTER NOVEMBER 1CLIENT’S ACKNOWLEDGMENT:Clients hereby acknowledges that once this contract commences on November 1, that there are no cancellations on the part of the client nor any refunds. Provider has already taken into account client’s service residence for the entire snow season once this contract begins and has engaged the necessary personnel and equipment to provide adequate performance under this contact. NO REFUNDS AFTER NOVEMBER 1. Client is responsible for all payments agreed upon under this contract even though client has elected to may partial payments until paid in full. This is NOT a per month service agreement. This agreement is for the entire snow season from November through March.CONFIDENTIAL INFORMATION:
Confidential information refers to any date or information relating to the business of the client which would reasonably be considered to be proprietary to the client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the client and where the release of that confidential information could reasonably be expected to cause harm to the client.The provider agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which the provider has obtained, except as authorized by the client or as required by law. The obligations will apply during the Term and will survive indefinitely upon termination of this Agreement.INDEMNIFICATION:Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each party to this contract agrees to indemnify and hold harmless the other party, and is respective directors, shareholders, affiliates, officers, agents, employees and permitted successors and assigns against any and all claim, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates officer, agents, employees and permitted successors and assigns that occurs in connection with the Agreement. This indemnification will survive the termination of this Agreement.MODIFICATION OF AGREEMENT:Any amendment or modification of the Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by each party or an authorized representative of each party.TIME OF THE ESSENCE:Time is of the essence in this Agreement. No extensions or variation of this Agreement will operate as a waiver of this provision.ASSINGMENT:The provider will not voluntarily or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the client.INUREMENT:This Agreement will inure to the benefit of and binding on the parties and their respective heirs, executors, administrators except as expressly provided in this Agreement.GOVERNING LAW:This Agreement will be governed and construed in accordance with the law of the State of California.SEVEREBALITY:In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.WAIVER:The waiver by either party of a breach, default, delay or omission of any the provisions of the Agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.ENTIRE AGREEMENT:It is agreed that there is no representations, warranty, collateral agreement, or condition affecting this Agreement except as expressly provided herein. All other written or oral prior communications or agreements are including herein without exception.
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