SNOWSURANCE RESIDENTIAL SNOW REMOVAL SERVICES AGREEMENT

This Snow Removal Services Agreement (this “Agreement”) is between Snowsurance (“Contractor,” “we,” “us,” or “our”) and the Customer identified in the applicable order or service account (“Customer,” “you,” or “your”). By accessing, enrolling in, or using any Snowsurance services (including placing an order online, requesting service, or allowing us to perform a Service Visit), you agree to be bound by this Agreement, the Order, and the Services & Pricing Guide (collectively, the “Terms”). The Effective Date is the earlier of (a) your electronic acceptance or order submission, or (b) our first Service Visit at the Service Address.

Section One – Key Terms; Incorporation by Reference

1.1  Service Address.

The residential property identified in the Order (defined below) located in Massachusetts (the “Property”).

1.2  Order; Plan Selection.

Your completed online checkout, acceptance email, or other written order form identifying your selected plan(s), add-ons (including MeltMagician), term, and price (each, an “Order”) is incorporated herein.

1.3  Services & Pricing Guide.

Our current “Snowsurance Services & Pricing Guide” (the “Guide”) is incorporated into and made part of this Agreement for descriptions of plan options, inclusions, and list prices. If there is a direct conflict, this Agreement controls, then the Order, then the Guide.

1.4  Coverage Period.

Unless otherwise stated in the Order, the seasonal coverage window is October 1 through April 30 of the applicable winter season; mid-season signups begin on the later of your signup date or service acceptance by us (the “Coverage Period”).

1.5  Effective Date.

The earlier of (a) your execution/acceptance of the Order, or (b) our first service visit at the Property.

Section Two – Definitions

• “Designated Surfaces” means those paved or hard surfaces at the Property identified in the Order and covered by your plan: driveway(s), walkway(s), all sidewalks located on the Customer’s parcel (and, for corner lots, the sidewalks along all street frontages unless otherwise agreed in writing), entryways, and steps.

• “Storm” means a continuous snowfall or wintry-mix precipitation event affecting the Property, separated from any prior or subsequent precipitation by at least six (6) consecutive hours without measurable snowfall at the WeatherWorks reporting location used for billing.

• “Service Visit” means a plowing/shoveling/blowing/clearing visit to remove accumulated snow from Designated Surfaces following a Storm, performed once per Storm.

• “Snowfall Total” means the WeatherWorks certified snowfall total reported for the Customer’s town (or the WeatherWorks town/station we use for that town) for the Storm in question (“WeatherWorks Report”). WeatherWorks is the sole measurement source used for billing and service determinations.

• “MeltMagician” means our de-icing application service using salts/ice-melt products applied to Designated Surfaces, where purchased.

Section Three – Plans; Pricing; Billing

3.1  StormPay (Per-Storm).

Fixed base price per Storm for totals up to 5.9 inches, with incremental per-inch charges beginning at 6.0 inches, all as listed in the Guide or Order.

3.2  SeasonPass / SeasonPass Flex.

Prepaid seasonal or monthly pricing for unlimited Service Visits during the Coverage Period when service is triggered under Section Five, subject to this Agreement. No refunds or proration unless we elect to grant one at our sole discretion.

3.3  MeltMagician (Add-On).

Charged per application after a Service Visit for each Storm when purchased. Customer may add or remove MeltMagician once per season at our discretion; per-storm toggling is not offered.

3.4  Invoices; Payment Methods.

Invoices are delivered electronically. Card, Apple Pay, or ACH are accepted; no cash/check. Payment is due net 30 from invoice date. You may opt into autopay; if you keep a card or bank account on file and enable autopay, you authorize us to charge it for any amounts due.

3.5  Late Fees; Suspension.

Any invoice not paid when due is subject to a late fee of 10% of the unpaid invoice amount, assessed per invoice after 30 days past due. We may suspend or refuse service for any delinquent balance.

3.6  Chargebacks.

If you dispute or charge back a valid charge without first providing notice and a reasonable opportunity to cure, a $50 administrative fee per chargeback applies, in addition to any balance due and permitted collection costs.

3.7  Tax.

Prices exclude applicable taxes, which you shall pay.

All fees and charges apply to the fullest extent permitted by Massachusetts law.

Section Four – Term; Renewal; Changes

4.1  Term.

Your plan term is as stated in the Order (e.g., per-Storm, seasonal, or monthly within the Coverage Period).

4.2  Auto-Renewal (Consumer Disclosure).

UNLESS YOU CANCEL, your season-based or monthly plan automatically renews for the next Coverage Period or month, respectively, at our then-current rates. We will provide at least 30 days’ advance notice by email of renewal and any price changes. If you do not respond, your continued enrollment constitutes consent to renewal at the noticed terms. You may cancel renewal any time before the renewal start date via email to hello@snowsurance.com (or other address we designate).

4.3  Modifications.

We may update the Guide and reasonable operational policies by email notice; material adverse changes to pricing or core inclusions will be noticed under 4.2 and become effective for the next term unless you cancel.

4.4  Cancellation.

Either party may cancel prospectively by email. No refunds on amounts already paid unless we elect to issue one at our sole discretion.

Section Five – Service Triggers; Discretion

5.1  General 2-Inch Philosophy.

We generally service when forecast or actual accumulation is around two (2) inches or more.

5.2  Operational Discretion.

We make final service determinations in our sole discretion based on forecasts, live observations, routing, safety, WeatherWorks data, and credible customer reports. We may (a) service during sub-2" events if icing is likely, or (b) defer/decline a Service Visit despite ≥2" where rapid melt is imminently expected or conditions make immediate service impractical or unsafe.

5.3  No Timing Windows; No ETAs.

We do not guarantee any time of service, sequence, or completion window. Routing is optimized across all customers. You acknowledge no ETAs are provided and timing is not of the essence.

5.4  WeatherWorks Controls.

WeatherWorks Reports are final for Snowfall Totals and billing; we do not accept other sources.

Section Six – Scope of Work; Exclusions; Multiple Passes

6.1  Included Surfaces.

Each Service Visit clears Designated Surfaces: driveway(s), walkway(s), all sidewalks on the Property (and, for corner lots, sidewalks along all street frontages unless otherwise agreed), entryways, and steps. Unless stated otherwise in the Order, we clear full length/width reasonably practicable for pedestrian/vehicle use.

6.2  Equipment & Methods.

We select methods and equipment (e.g., plows, snow blowers, shovels, brushes) in our discretion.

6.3  Exclusions.

Unless expressly agreed in writing, Services exclude: (a) gravel driveways (hard exclusion by default), (b) unpaved surfaces, dirt, lawns, landscaping beds, (c) clearing snow from vehicles or around on-street parked cars, (d) paths to sheds, grills, or wood piles beyond egress routes, (e) full decks/patios beyond a path to a primary exit, (f) hauling or off-site removal of snow, and (g) any areas we deem unsafe or impracticable to service.

6.4  One Visit Per Storm (No Multiple Passes)

We provide exactly one (1) Service Visit per Storm. We do not make multiple passes during or after the same Storm, regardless of storm length, severity, plow berms, refreeze, or additional accumulation during the same Storm. Any later service requires a new Storm as defined in Section Two (i.e., a break of at least six (6) consecutive hours without measurable snowfall at the WeatherWorks reporting location used for billing).

6.5  Gravel/Pavers Variance.

On written request, we may elect to service gravel, pavers, or sensitive surfaces as an exception; you accept all risk of marring, displacement, scuffing, or damage, and we are not liable for any damage arising from that variance. Pricing may be adjusted.

Section Seven – MeltMagician (De-Icing) Terms

7.1  Application Areas.

Where purchased, MeltMagician is applied to all Designated Surfaces we have cleared after a Service Visit.

7.2  Materials; Effectiveness.

We select de-icing materials in our discretion. Performance can be limited by temperature, surface condition, traffic, refreeze, drainage, and re-precipitation.

7.3  Surface & Property Risks (Customer Acceptance).

You acknowledge and accept the risks of corrosion, efflorescence, spalling, scaling, discoloration, vegetation harm, and pet sensitivity associated with de-icing agents. We are not responsible for any damage from MeltMagician unless required by law. If you have new concrete, masonry, metal thresholds, specialty stone, or other sensitive surfaces, you must notify us in writing in advance; we may exclude those areas or proceed per your written direction at your risk.

Section Eight – Customer Responsibilities; Site Preparation

8.1  Hazard Marking; Site Readiness.

Before a Storm, you must mark and/or flag hazards and edges (e.g., irrigation heads, curbs, raised pavers, uneven joints, low steps), remove or secure hoses, mats, toys, cords, seasonal décor, and keep pets secured.

8.2  Access.

You must provide clear access to Designated Surfaces and keep gates/doors unlocked during service.

8.3  Stakes.

We may install temporary snow stakes at no charge and are not obligated to retrieve them after the season. If you remove or relocate stakes, you assume related risks.

8.4  Municipal/HOA Obligations.

You remain responsible for any municipal or HOA requirements regarding sidewalk clearance timing or standards.

8.5  Customer-Caused Delays/Hazards.

We may skip or abbreviate service where hazards or obstructions make work unsafe or impracticable; fees still apply.

Section Nine – Photos; Video; Records; Marketing Consent; Data

9.1  Operational Records.

We may capture before/after photos or video for routing, training, safety, and quality control.

9.2  Marketing Consent.

You grant us consent to use such images (with house numbers removed or obscured) for marketing and promotional purposes in any media, without compensation, and you grant us an unlimited, perpetual license to store and use such content to the fullest extent permitted by law.

9.3  Privacy.

We do not sell your personal contact information. Image content is stored for operational and promotional purposes without a fixed retention limit, subject to applicable law and our internal security practices.

Section Ten – Fine-Free Guarantee (Sidewalk Citations)

If you receive a municipal citation for failure to clear a sidewalk area we cover under this Agreement, email a copy of the citation to hello@snowsurance.com within seven (7) days of issuance. Provided your account was current at the time of the Storm and the citation pertains to a sidewalk area included within Designated Surfaces, we will reimburse the face amount of the ticket only (no late fees, penalties, or associated costs). One claim per citation; no seasonal cap.

Section Eleven – Property Condition; Damage; Claims

11.1  Wear & Tear; Pre-Existing Conditions.

Normal wear, minor scraping, and incidental contact inherent to snow operations may occur. We are not responsible for pre-existing conditions or latent defects.

11.2  Sensitive/Non-Standard Surfaces.

As set forth in Sections 6.5 and 7.3, if we service non-standard or sensitive surfaces at your request or with your notice, you assume the risk of damage from ordinary snow operations and de-icing.

11.3  Damage Claims.

You must report any alleged property damage by email to hello@snowsurance.com with photo evidence within thirty (30) days of the incident. Our obligation, if any, will be satisfied by, at our option, repair, reasonable credit, or payment, not to exceed the value of the specific damaged item or the fees paid for the Storm at issue.

11.4  Vehicles & Street Parking.

We do not clear on-street snow around parked vehicles, nor clear snow from vehicles; any incidental contact or snow displacement near vehicles is at your risk.

Section Twelve – Risk Allocation; Limitations; Indemnity

12.1  Assumption of Conditions.

You acknowledge snow and ice are inherently hazardous; no service can guarantee a surface free of slip or skid risk, especially with ongoing precipitation or refreeze.

12.2  Disclaimer.

TO THE FULLEST EXTENT PERMITTED BY MASSACHUSETTS LAW, THE SERVICES AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12.3  Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY MASSACHUSETTS LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR SERVICES DURING THE COVERAGE PERIOD IN WHICH THE CLAIM AROSE.

12.4  Exclusion of Damages.

TO THE FULLEST EXTENT PERMITTED BY MASSACHUSETTS LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS/USE.

12.5  Indemnity.

TO THE FULLEST EXTENT PERMITTED BY MASSACHUSETTS LAW, YOU SHALL INDEMNIFY, DEFEND, AND HOLD US (AND OUR PERSONNEL AND SUBCONTRACTORS) HARMLESS FROM THIRD-PARTY CLAIMS ARISING FROM (a) YOUR BREACH OF THIS AGREEMENT, (b) YOUR FAILURE TO COMPLY WITH SECTION EIGHT (CUSTOMER RESPONSIBILITIES), (c) YOUR DIRECTION TO SERVICE SENSITIVE/VARIANCE AREAS, OR (d) YOUR NEGLIGENCE OR MISCONDUCT at the Property.

Section Thirteen – Subcontractors; Responsibility; Insurance

13.1  Subcontractors.

We may engage qualified subcontractors to perform any Services. We remain responsible for Service quality and compliance with this Agreement.

13.2  Insurance.

We maintain commercial general liability insurance in customary amounts for residential snow operations. Proof available upon reasonable request.

Section Fourteen – Suspension; Refusal of Service

We may suspend, delay, or refuse Service where (a) conditions are unsafe (e.g., hidden obstacles, steep ice, obstructed access), (b) your account is delinquent, or (c) operational constraints reasonably require resequencing or deferral.

Section Fifteen – Dispute Resolution; Venue

15.1  Good-Faith Resolution.

The parties will first attempt to resolve disputes in good faith by email and a phone call among decision makers.

15.2  Arbitration.

Except for claims eligible for small-claims court, any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration administered by AAA under its Consumer Arbitration Rules then in effect. Filing, administration, and arbitrator fees will be governed by those Rules, subject to any fee caps required by law. The arbitration will occur in Boston, Massachusetts, by a single arbitrator. Either party may seek injunctive relief in court to protect confidential information or intellectual property.

15.3  Governing Law; Venue.

Massachusetts law governs, without regard to conflicts principles. For non-arbitrable matters, the state and federal courts located in Suffolk County, Massachusetts have exclusive jurisdiction, and the parties consent to personal jurisdiction and venue there.

Section Sixteen – Force Majeure

We are not liable for delay or failure to perform due to events beyond our reasonable control, including severe or extraordinary weather, utility failures, accidents, illness, labor issues, acts of government, or similar events.

Section Seventeen – Notices

Notices under this Agreement shall be sent by email: Customer to the address on the Order; Snowsurance to hello@snowsurance.com (or any updated address we specify). Notices are deemed given when sent, except statutory notices that require receipt.

Section Eighteen – Assignment

You may not assign this Agreement without our prior written consent. We may assign to an affiliate or successor in interest.

Section Nineteen – Entire Agreement; Order of Precedence; Severability; Waiver

This Agreement (including the Order and the Guide) is the entire agreement and supersedes prior discussions. If any provision is held unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remainder remains in effect. A waiver must be in writing and is not a continuing waiver.

Section Twenty – Acceptance; Electronic Consent; No Wet Signature Required

20.1  Customer Acknowledgments (Conspicuous Notice).

CUSTOMER ACKNOWLEDGES AND AGREES:

1. NO TIMING WINDOWS OR ETAs ARE GUARANTEED;

2. WEATHERWORKS IS THE SOLE MEASUREMENT SOURCE FOR BILLING AND SERVICE;

3. ONE VISIT PER STORM ONLY; NO MULTIPLE PASSES;

4. NO REFUNDS OR PRORATION UNLESS WE ELECT OTHERWISE;

5. MELTMAGICIAN CARRIES SURFACE/PET/VEGETATION RISKS ACCEPTED BY CUSTOMER;

6. LATE FEES, CHARGEBACK FEES, AND SUSPENSION RIGHTS APPLY AS STATED;

7. PHOTOS/VIDEOS MAY BE USED FOR MARKETING WITH UNLIMITED STORAGE TO THE FULLEST EXTENT PERMITTED BY LAW; and

8. AUTO-RENEWAL AND PRICE-CHANGE TERMS APPLY WITH 30-DAY EMAIL NOTICE AND SILENCE = CONSENT.

20.2  Binding Effect Without Signature.

BY ACCESSING, ENROLLING IN, OR USING ANY SNOWSURANCE SERVICES (INCLUDING PLACING AN ORDER ONLINE, REQUESTING SERVICE, OR ALLOWING US TO PERFORM A SERVICE VISIT), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT, THE ORDER, AND THE SERVICES & PRICING GUIDE (COLLECTIVELY, THE “TERMS”). IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

20.3  Click-Through / Browse-Wrap.

We may require you to indicate assent by clicking an “I Agree” (or similar) button or checkbox online. Your continued use of the Services after notice of updated Terms constitutes acceptance of those changes as described in Section Four (Term; Renewal; Changes).

20.4  Electronic Records and Signatures.

You consent to transact electronically and to the use of electronic records and signatures. Electronic logs maintained by Snowsurance (e.g., order confirmations, payment authorizations, service photos/records) are admissible to prove assent and performance to the fullest extent permitted by law.

20.5  Authorized User; Property Owner Consent.

You represent that you are the property owner or are authorized to bind the property owner/occupant for the Service Address. If you enroll someone else’s property, you warrant that you have obtained all necessary permissions.

20.6  Survival of Assent.

Your assent to these Terms remains in effect for the Coverage Period and any renewal, and governs all Service Visits performed at the Service Address unless and until replaced or terminated per Section Four.