I am looking at revising my contract terms and conditions for this year.
In all of your experience, what are some important elements that often get overlooked?
What have most of you added as time has gone on?
Right now, I am thinking of a term indemnifying my crews from liability for damage to brush as they conduct the survey. Does anyone have a good clause for this situation?
I used to have something in it like "during the course of the survey, brush and scrub trees may be cut to expedite....
(I don't use this one anymore. The newer one is on the office server, but it's real close to this)
here ya go...
The client also herein agrees to hold the firm harmless for any incidental damages that may occur to fences, ground cover, vegetation, brush or trees during the normal execution of the field work by the firm's agents.
Any off-road use of vehicle traffic by the firm's agents must be approved by the client prior to the performance of the field work. The client also herein agrees to hold the firm harmless for any incidental damage or rutting that may occur from said vehicular traffic.
The firm is not responsible for the containment or safety of livestock or pets during the execution of the field work.
3 years ago, I added (paraphrased):
"the client expressly agrees not to use in any manner the documentation, monumentation, or information provided by this company until invoices as presented are paid in full."
Thanks Paden, that's the phrase I'm looking for.
One of the reasons I am looking at the terms and conditions again.
Client acknowledges that a professional individual sealing, signing and/ or certifying the proposed work-product is doing so as a representative of the firm. As such, no individual professional will be directly subject to any claim.
Putting this one out there for review as much as for feedback. Came from an article that indicated States vary in the protections afforded to individuals working under a company's E&O policy.
Sorry, too long ago to recall the magazine or date.
As always, appreciate everyone's input/ insights/ willingness to share.
As a mid-50's solo operator, I reserved the right to not be in the field above 100° or below 40°. That just meant I would be in the office, working. I am in central Texas. I know you northern boys endure much colder, adjust your temp. limits accordingly.