Commercial Snow Removal — Terms of Service

Archived copy — Revision 2, September 8, 2026. This dated copy is kept unchanged for quotes that reference it; the current version is at alaskasaplow.com/terms-commercial.

These terms apply to the commercial snow removal services described in the accepted quote or service agreement. Together, the accepted quote and these terms form the agreement between the Client and Alaska Shear & Plow (the “Contractor”).

1. SCOPE OF SERVICE

Snow clearing means plowing snow from the paved or gravel lot area identified in the accepted quote, and stacking that snow at the edges or ends of the same area. The following are not included unless separately quoted and agreed in writing: sanding, de-icing, and ice control; ice breaking; snow relocation or haul-off; and clearing of sidewalks, entryways, stairs, dumpster pads, or roofs.

2. SERVICE BASIS, TIMING, AND SEQUENCE

Every snowfall event is serviced — there is no minimum accumulation. Each plowing of the site is billed at the flat per-plowing price in the accepted quote, regardless of the depth of snow cleared. Sites are normally cleared once per event, after snowfall ends or substantially subsides.

Extended and heavy storms. When snow continues over more than one day, or accumulates faster than a single clearing at the end of the storm could reasonably handle, the Contractor determines, in its sole discretion, when and how many times the site is cleared over the course of the storm, taking into account site usability, the rate of accumulation, the depth a single plowing can reasonably clear, and cost to the Client. The number and timing of plowings during a storm are not limited to one plowing per storm event. Each clearing of the site is a separate plowing and is billed at the per-plowing price, and the Contractor's service record is conclusive as to the plowings performed.

Timing and route sequence are determined by the Contractor based on route order, storm conditions, and equipment availability, unless a specific service window is agreed in writing and priced accordingly. The Contractor does not guarantee service by any particular time of day absent such a written service window.

3. SITE PREPARATION AND CLIENT DUTIES

Before the season begins, and before the first service for accounts starting mid-season, the Client must identify and mark all fixed or hidden objects within or adjacent to the service area, including but not limited to curb stops, wheel stops, islands, bollards, light bases, storm drains, utility and manhole lids, water and septic lids, propane tanks, and landscape edging. The Client must also:

Designate acceptable on-site snow storage areas that comply with applicable site, facility, or airport rules

Keep the service area clear of vehicles, trailers, equipment, pallets, and containers during and after snowfall events

Provide access, gate codes, keys, or badging required to reach the service area

Areas blocked at the time of service are plowed around; return trips to clear them are billed as additional pushes. The Contractor is not liable for damage to objects that are unmarked, or that are snow-covered and not visible at the time of service.

4. SURFACE CONDITION AND PROPERTY

Bare surface is not guaranteed on gravel or asphalt. Gravel lots are plowed with shoes set to protect the surface; a thin packed base is left in place by design, and some displacement of gravel into adjacent areas is normal and is not damage. The Contractor is not liable for scratches, rust marks, or surface marking; for damage to heaved, frost-lifted, chipped, cracked, or uneven asphalt, concrete, or paver surfaces; or for damage to lawn, landscaping, or lot edges caused by plowing or by the piling and melting of snow.

5. NO SAFE-SURFACE GUARANTEE AND RELEASE — PLEASE READ CAREFULLY

ALASKA SHEAR & PLOW PLOWS SNOW. THE CONTRACTOR DOES NOT PROVIDE, AND DOES NOT PROMISE, A SAFE OR SLIP-FREE SURFACE, AND DOES NOT ASSUME THE CLIENT'S DUTY TO MAINTAIN ITS PREMISES IN A SAFE CONDITION. SNOW, ICE, HARDPACK, MELTWATER, AND REFREEZE ARE PRESENT ON ALASKA LOTS THROUGHOUT THE WINTER — BEFORE, DURING, AND AFTER SERVICE. THE CLIENT REMAINS RESPONSIBLE FOR MONITORING SITE CONDITIONS, FOR ICE CONTROL NOT SEPARATELY CONTRACTED, AND FOR WARNING ITS EMPLOYEES, TENANTS, CUSTOMERS, AND INVITEES.

TO THE FULLEST EXTENT PERMITTED BY ALASKA LAW, THE CLIENT WAIVES, RELEASES, AND DISCHARGES ALASKA SHEAR & PLOW AND ITS OWNERS, EMPLOYEES, AGENTS, AND SUBCONTRACTORS FROM ALL CLAIMS FOR BODILY INJURY, DEATH, AND PROPERTY DAMAGE ARISING OUT OF SNOWY, ICY, OR SLIPPERY CONDITIONS AT THE SITE, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ALASKA SHEAR & PLOW. THIS RELEASE DOES NOT APPLY TO THE CONTRACTOR'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.

6. INDEMNIFICATION BY CLIENT — PLEASE READ CAREFULLY

THE CLIENT SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS ALASKA SHEAR & PLOW AND ITS OWNERS, EMPLOYEES, AGENTS, AND SUBCONTRACTORS FROM AND AGAINST ALL CLAIMS, DEMANDS, SUITS, LOSSES, DAMAGES, JUDGMENTS, AND COSTS, INCLUDING REASONABLE ATTORNEY FEES, BROUGHT BY ANY THIRD PARTY — INCLUDING THE CLIENT'S EMPLOYEES, TENANTS, CUSTOMERS, AND INVITEES — FOR BODILY INJURY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO SNOW OR ICE CONDITIONS AT THE SITE OR TO THE SERVICES PERFORMED UNDER THIS AGREEMENT.

THIS OBLIGATION APPLIES REGARDLESS OF WHETHER THE CLAIM IS ALLEGED TO ARISE IN PART FROM THE CONTRACTOR'S NEGLIGENCE, EXCEPT THAT IT DOES NOT APPLY TO THE EXTENT A CLAIM IS CAUSED BY THE SOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF ALASKA SHEAR & PLOW. THIS EXCEPTION IS INCLUDED TO COMPLY WITH ALASKA LAW GOVERNING INDEMNITY AGREEMENTS AND IS INTENDED TO BE READ AS NARROWLY AS ALASKA LAW ALLOWS. THE CLIENT'S DUTY TO DEFEND ARISES ON TENDER AND IS INDEPENDENT OF THE DUTY TO INDEMNIFY.

7. INSURANCE

The Contractor maintains commercial general liability, commercial automobile, and workers' compensation coverage as required by Alaska law. Certificates of insurance are available on request. Additional insured status is not provided by default; it is available on written request, subject to the Contractor's carrier and to any resulting premium being reflected in the quote. The Client shall maintain its own premises liability insurance covering the site. Neither party's insurance limits any obligation under Sections 5, 6, or 8.

8. LIMITATION OF LIABILITY

The Contractor's total liability under this agreement, for all claims combined, is limited to the total amount paid by the Client for services in the current season. The Contractor is not liable for indirect, incidental, special, or consequential damages, including lost profits, lost revenue, business interruption, delayed openings, lost productivity, or third-party contract losses. This limitation does not apply to the Contractor's gross negligence or intentional misconduct.

9. SANDING, DE-ICING, AND ICE BREAKING

These services are not included in the plowing rate. Where separately quoted and elected, they are billed as set out in the current rate schedule, and may be performed by the Contractor or by a qualified subcontractor. Sanding, de-icing, and ice breaking improve traction and remove bonded ice; they do not create a safe or slip-free surface. The release in Section 5 and the indemnity in Section 6 apply to these services. Where the Client has not contracted ice control, the Client is solely responsible for it.

10. SNOW STORAGE, RELOCATION, AND HAUL-OFF

Snow is pushed and stacked at the ends of the plowed area as space allows. When on-site storage is full, snow haul-off or close-by relocation is billed hourly, plus trucking. The Client is responsible for ensuring that designated storage areas do not create sight-line, drainage, access, or regulatory problems, and shall notify the Contractor of any site-specific restrictions on snow placement.

11. SERVICE CONCERNS AND NOTICE

Service quality. The Client shall notify the Contractor of any concern with the quality or completeness of a service visit within seventy-two (72) hours of that visit, so that conditions can be inspected and corrected.

Property damage. Claims for damage to the site or to property must be reported in writing within seventy-two (72) hours of discovery and before any repair is made, so that the Contractor has a reasonable opportunity to inspect. In no event may a claim be made later than May 1 following the season in which the damage is alleged to have occurred. Claims not reported within these periods are waived.

12. PAYMENT AND DEFAULT

Minimum season commitment. Unless the accepted quote states otherwise, the Client shall purchase a minimum of twelve (12) plowings at the per-plowing price quoted, payable before the first service of the season. The minimum reserves the Contractor's capacity for the Client's site and is the Client's minimum commitment for the season. It is not refundable, is not reduced for low snowfall, and plowings not used by the end of the season expire without credit or carry-over. Plowings beyond the minimum, and all other services — sanding, ice breaking, relocation, haul-off, trucking, and hourly work — are invoiced monthly as performed. Payment method. The minimum, when paid in full at the start of the contract, may be paid by check, ACH, or credit card. All other amounts — installments of the minimum where the Contractor has agreed to them in writing, monthly invoices, and any other charge — are paid by credit card or ACH only and are not payable by check. The Client shall keep a credit card or a bank account for ACH on file with the Contractor for the season, at the Client's choice, and authorizes the Contractor to charge each installment and each invoice to it on its due date. A 3% convenience fee applies to credit card payments and a 1% processing fee to ACH payments. Installments. Where the Contractor has agreed in writing to accept the minimum in installments, the full minimum remains owed. A missed installment is a default under this Section, and the unpaid balance of the minimum becomes due immediately when plowings performed equal or exceed plowings paid for.

Invoices are due as stated in the accepted quote. Past-due balances may accrue interest at the rate stated on the invoice. If any payment is not made when due, the Contractor may suspend or terminate service without further notice. Suspension or termination does not relieve the Client of amounts owed for services already performed or for the remaining balance of a seasonal commitment. The Client is responsible for reasonable collection costs and attorney fees. Disputed line items must be identified in writing within fifteen (15) days of the invoice date; undisputed amounts remain due.

13. TERM, RENEWAL, AND CANCELLATION

The term is as stated in the accepted quote. Either party may cancel for convenience on thirty (30) days' written notice, except that the Client remains responsible for services performed and for any seasonal commitment already begun. Either party may terminate immediately for a material breach that is not cured within ten (10) days of written notice.

14. CONDITIONS BEYOND THE CONTRACTOR'S CONTROL

The Contractor is not responsible for delay or failure to perform caused by extraordinary weather, equipment breakdown, road closure or impassability, fuel or utility interruption, labor shortage, natural disaster, or other causes beyond its reasonable control.

15. SUBCONTRACTORS, GOVERNING LAW, AND ENTIRE AGREEMENT

The Contractor may perform any part of the services through qualified subcontractors and remains responsible for the work. This agreement is governed by the laws of the State of Alaska, and venue for any dispute is the Superior Court for the State of Alaska, Third Judicial District at Kenai. These terms and the accepted quote are the entire agreement between the parties and replace any prior discussions. Changes are effective only in writing. If any provision is found unenforceable, the remaining provisions stay in effect, and Sections 5, 6, and 8 survive termination.

ACKNOWLEDGMENT. By approving the quote that references these terms, the Client confirms that it has read and agrees to these Terms of Service, and specifically acknowledges the release of liability in Section 5, the indemnification obligation in Section 6, and the limitation of liability in Section 8. The signer represents that they are authorized to bind the Client.