Indemnification and Hold Harmless
Person contracting confirms they have the legal authority to do so and are acting as sole and authorized representative for residence, home, entire HOA, commune, business or entity.
It is our priority to have a safe and secure work environment for all.
Personal injury. It is understood that client please adhere to a no contact and safe working distance form working areas, as much as 500 feet in some instances. Please DO NOT APPROACH work areas. Preference would be to not be outside when work is to be performed. Please be vigilant if leaving or arriving work area if necessary to travel. Please speak with foreman about precautions before work begins. Although the service provider shall make attempts necessary to have a safe and secure working environment during its activities, some inherent risks may occur but are not limited to falling debris, falling objects, flying objects, slippery surfaces, dripping hazards, tripping hazards to include but are not limited to hoses, extension cords, drain hoses, moving machinery, equipment, chains, cables, ropes, plastic sheeting, cleaning chemicals, soapy surfaces, wet surfaces, wet concrete or fresh asphalt, rubble, holes, trip or falling hazards, high pressure water spray. Residents, visitors, guests of homes, dwellings, multifamily dwellings, apartments, condos, HOA’s or any other descriptive of where work shall be performed are construed to be contractually bound by this agreement and the person contracting for said work shall be construed to be a authorized agent for consent to this agreement. It is the responsibility of authorized agent to inform all tenants, owners, residents, occupants, visitors of this agreement and to INFORM all to when work will be performed and to keep clear of work areas. Please keep animals inside. It will be the responsibility of those listed above to inform all occupants, visitors, residents, persons, and other human beings of the hazards around work area and that they may read this agreement posted to the website. www.brushwacker.com
The Client agrees to indemnify, defend, and hold harmless Brushwacker.com its owners, agents, employees, subcontractors, affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including, but not limited to, attorney's fees and court costs) arising out of or in any way connected with the performance of services provided by Brushwacker.com and or its affiliates except to the extent that such claims, damages, losses, liabilities, costs, and expenses are caused by the sole negligence or willful misconduct of Brushwacker.com or its affiliates. Subcontractors and affiliates are not a representation of brushwacker.com and may be separate contractors performing duties to complete job.
Assumption of Risk
The Client acknowledges and understands that services may involve inherent risks, including but not limited to, damage to plants, glass, siding or roofing, underground utilities, irrigation systems, and personal property. The Client voluntarily assumes all such risks associated with the services provided by Brushwacker.com and or its affiliates. Client agrees to call “call before you dig” number to have ALL utilities marked with flags and or marking paint prior to job commencement where ground penetration is needed to perform work.
Limitation of Liability
In no event shall Brushwacker.com and or its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of use, loss of profits, or loss of business opportunities, arising out of or related to the services provided, even if Brushwacker.com and or its affiliates have been advised of the possibility of such damages.
Notification of Damages
The Client agrees to promptly notify Brushwacker.com of any damages or issues arising from the services performed on the day of the occurrence by calling 360-721-3702 and leaving a message if no answer AND emailing info@brushwacker.com Failure to provide such notice on day of occurance shall be deemed a waiver of any claims related to such damages or issues.
Governing Law
This Hold Harmless Clause shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles where not restricted by state law.
RECIPROCATION
Reciprocating hold harmless agreement may only be accepted if signed by owner of Brushwacker.com and applies as stated below and must state on written estimate or quote “reciprocation for hold harmless agreed”.
Service provider shall hold harmless the Association, its Board of Directors and unit owners from all injuries, damages, cause of omissions, or negligence in the performance of its obligations under this Agreement.
Restoration, cleaning, and repair work. Agreements for work ie to include but not limited to cleaning, repairing, improving objects or property are on a best-case scenario. If more time or materials are needed to complete work to customer satisfaction, brushwacker.com reserves the right to charge more than initial quote or estimate to satisfy customer upon completion of job and customer review. Our priority is to have customer happy. Some jobs MAY require extensive additional work ie but not limited to sanding, repainting, re-staining, re-grouting, re-sealing, repairing, or rebuilding. Often hidden issues may arise when attempting to complete job.
Pressure washing and or water sand blasting, chemical applications are slightly destructive and may leave slight variations in appearance of objects being cleaned and may cause lines, blistering, blemishes and failure of surfaces being cleaned and will be a accepted risk however rare at times.
In the event there is a claim with brushwacker.com for damages.ie broken glass. Both parties involved agree to get THREE quotes each for said repairs, or replacement of glass etc. from licensed contractors and the best quote of the six will be used for remuneration. Property must be made accessible by estimators and estimates must be completed in a reasonable manner of time. Please call 360-721-3702 on the day of the incident. To combat fraud, Claims after the day of the incident will not be honored. Damage claims must be made in writing to info@brushwacker.com with a call to the number listed above and a message left if no answer on phone. Brushwacker.com reserves the right to take video or pictures of premises with respect to privacy of residents of before and after job completion. brushwacker.com reserves the right to pay claims “out of pocket” or submit to our insurance company.
