Commercial Terms and Conditions

SNOW & ICE MANAGEMENT PROVISIONS AND SPECIFICATIONS

SCOPE OF SERVICE

Snowfalls that are of a continuous nature occurring between the hours of 3:00 A.M. to 7:00 A.M. will be handled in the most efficient manner possible based on time limits, traffic obstructions and weather events. Elites’ lawn and Snow will make reasonable efforts to open areas prior toy your open time so long as weather and time permit. The location of snow piles will be designated by the owner prior to execution of contract. If locations are not designated, Elites will use its best judgement in determining where snow is to be piled. Loss of parking spaces due to snow accumulations shall not be a responsibility of Elites. During snowfalls occurring after 3:00 A.M., priority will be given to ingress/egress, docks, and sidewalk entrances.

OBSTRUCTIONS
Elites will not plow within 2-3' of any obstruction including vehicles, garage doors, fences, buildings, and debris containers. We will make reasonable efforts to clear around obstructions. We will not remove snow or chemically treat areas around or adjacent to parked vehicles, which includes both plowing and hand shoveling.

BLIZZARD CONDITIONS

Blizzard conditions are any snowfall more than six (6) inches and/or as defined by the National Weather Services as a storm which contains large amounts of snow or blowing snow. Blizzard conditions will be billed at the current time and material hourly rates and multiple pushes and salting could happen. Elites will make every effort to keep drives, parking areas and sidewalks accessible. The owner agrees to allow at Elites’ discretion, clearing of blizzard conditions at current time and material rates.

FREEZING RAIN/ICE STORMS

Freezing rain conditions will be billed at current time and material rates. Freezing rain conditions are unpredictable by nature and can use an excessive amount of de-icing material. In particular, less traveled areas which may include parking lots, sidewalks, walkways, and/or sections of these areas, are difficult to successfully treat with one-application. Due to the unpredictability of freezing rain all services will be billed at time and material rates.

BLOWING & DRIFTING

After the snow event has ended and our snow operation has completed the removal process, high winds for an extended period can cause an additional accumulation of snow within the designated removal area. This can include snow blown from a rooftop, open areas, or fields, or drifting within the property. Current time and material rates will apply to all blowing and drifting situations.

RELOCATION

If relocation is needed to remove excessive snow accumulations off site or within the current property, current time and material charges will apply with written approval. Elites will make every attempt during snow operations to pile snow in designated areas to allow for the least amount of lost parking or hard surface space as possible.

ALL INCLUSIVE/SEASONAL *

An all-inclusive contract is not considered a zero-tolerance contract. This type of contract includes snow clearing and de-icing services to designated areas of contract properties during weather events. The thawing and refreezing of snow, excessive blowing and drifting are not considered weather events. All-inclusive contracts do not include ice checks, snow relocation and de-icing during times when a weather event has not occurred. We monitor weather conditions by our DTN Satellite radar system. Continental Weather Service provides Elites with accumulation totals which keeps us abreast of any snow activity. **All Inclusive contracts have a 32" cap annually on snow accumulation during the contract term. Snow accumulations above the 32" cap will be billed at current time and material rates. Any Blizzard events, Snow Drifting or Freezing ice are billed at time and material will not count against the 32" cap.

PER PUSH

Per Push Snow removal services will commence when the trigger point specified in the contract (e.g., two inches of accumulated snow) is reached. Each time snow removal is conducted at the trigger point, it will count as one occurrence. If additional snow continues to accumulate and reaches the trigger point again after the initial removal, another removal session will be performed and counted as a separate occurrence. If only one instance of snow accumulation reaches the trigger point and is cleared, this will be considered a single occurrence.

CHEMICAL TREATMENTS

De-icing operations will include pre-salting applications prior to snow events to reduce the likelihood of snow bonding to surfaces, aiding in efficient snow removal and preventing freezing. Following each snow removal occurrence, and post-salting to reduce residual ice and minimize the risk of slippery conditions, enhancing safety for pedestrian and vehicle access; based upon weather conditions, temperature, and/or any other factor that would inhibit the effectiveness of the product or safety of the crew. We offer typical ice melt products. Because deicers are a commodity at times, shortages may exist. If shortages occur, clients will be notified or pricing adjusted to the contract. The owner acknowledges snow and ice conditions are natural occurring "Acts of Mother Nature" and that neither party has control of slippery conditions that will likely be present during the event and could be present at any point throughout the winter season. Each salting application, whether pre-salting, post-salting, or additional salting during ice checks, shall be considered an individual occurrence and billed according to the rates specified in the contract. These services are part of Elites' comprehensive approach to ensuring winter surface safety and accessibility.

TURF REPAIR

Due to the corrosive nature of deicers Elites will not be responsible for any damage to lawns, concrete, or metal caused from the use of any ice melting product. In the spring, Elites will repair any turf areas with soil and seed that are damaged by our plow trucks or equipment.

SITE CONDITIONS/DAMAGE RESTRICTIONS:

Elites’ performance obligations are subject to parking lots and sidewalks being adequately maintained without defect. Pavement and sidewalk conditions can create poor drainage and the inability to scrape clean which can lead to puddling and affect the timely clearing of snow from the property.

Time and Material

Truck with 8-91/2 in blade $225/hr

Dump Truck with V blade $250/hr

Front End Loader $325/hr

Dump trailer for Hauling snow $510/HR

Lot De-icing - Refer to per occurrence pricing.

Labor/Shoveler $85/hr

____________________________________________________________________________________________________________

LAWNCARE MANAGEMENT PROVISIONS AND SPECIFICATIONS

Our landscape management service begins April 1st and goes through November 15th. We conform to professional horticultural practices and climatic conditions. This is subject to change due to weather, holidays, or other uncontrollable circumstances. During the months of April and November, attention will be concentrated on Spring Cleanup and Fall Cleanup activities. Elites (Contractor) will furnish the labor, materials, tools, and equipment necessary to perform work and duties in a workmanship-like manner creating as little disruption as possible to Client. Elites will perform all services in accordance with the highest standards of horticultural excellence.

SPRING CLEAN UP (April)

Spring clean-up consists of the removal of accumulated fall and winter debris from turf and tree areas. Elites will clean and haul away all landscape related debris from walks, drives, and curbs on the jobsite. Mulch may be provided to bed areas for an additional fee at the request of the Client.

TURF MAINTENANCE SERVICE (April thru November)

Turf will be maintained at approximately a three (3) inch height or as climatic conditions dictate. All mower blades will be maintained and sharpened regularly to maintain an even cut. Walks and curbs will be mechanically trimmed. Litter will be collected and removed from landscaped areas during each visit. The owner may be notified of excessive debris or Dog Feces that will be removed at an additional charge. Walk and drives will be left clear of grass clippings and debris. Grass clippings will be removed from the turf except when accumulation becomes detrimental to the health and appearance of the turf at the discretion of Elites.

DESIGN FLAWS

Elites will not be held responsible for damage to siding, air conditioning units/lines, lamp posts, mailbox pedestals, etc. where an object directly abuts maintained turf and there is the potential to be damaged while completing the services outlined in any agreement. If turf directly abuts any of these areas, Contractor will provide cost to client to remove 12" of turf and add mulch to create a buffer area to protect your investment and greatly reduce the potential for damage. If buffer creation is not approved, Contractor will not trim or mow withing 12 inches of those items.

TREES, SHRUBS, AND EVERGREENS

All plant material will be inspected during maintenance visits to determine the need for pruning. Shrubs to be pruned in a manner to maintain the existing look of the plant. If a client requests rejuvenation or hard pruning, this service can be provided at an additional cost. All shade and ornamental trees up to 12 feet height should be pruned to correct any low hanging or broken branches up to a 4" diameter that impede pedestrian traffic on sidewalks, obstruct cars in parking lots, and block any signage.

FERTILIZATION

All turf will be fertilized at clients request at an additional cost otherwise specified by the Owner. Early spring fertilizer with pre emergence crabgrass control to aid in the prevention of crabgrass is recommended. Summer and fall are fertilizer only.

FALL CLEAN UP (November)

Turf will be mowed at an appropriate height to help prevent matting from snowfall. Annuals will be removed. Perennials will be cut back as required. Removal of leaves from turf and bed areas will also be performed. Leaves in the turf areas will be mulched back into the turf using mulching style mower blades

________________________________________________________________________________________________________________

INSURANCE

Elites will maintain the following types of insurance: complete automotive coverage and general liability in commercially reasonable coverage amounts. Elites will provide the Owner a Certificate of Insurance upon request: General Liability - $1,000,000 Automobile Liability $100,000 Umbrella Liability $1,000,000.

BILLING

Invoicing for monthly accounts will occur on the 5th and are due on the 1st day of the billing month connected to the contract. All other contracts are due immediately upon invoice.

In the event the account is not paid within 30 days, the Customer shall pay to Elites a service charge of (18%APR) on all past due amounts. In the event your account is placed for collections, all associated collection costs and reasonable attorney’s fees will be charged to your account. If any invoice is unpaid within 30 days and a letter has not been sent for dispute of said invoice, Elites may refuse future services, as well as any claim of dispute of said invoice until all past due invoices are paid in full. The owner agrees that any discrepancies with regard to invoiced amount must be disputed within fourteen (14) days of the date of such invoice (the "Dispute Period") by providing written notice of such dispute to Elites and that any right to dispute any such invoiced amount if not raised within said fourteen (14) day period shall be deemed waived.

RENEWAL

In the absence of notice of a new rate as provided herein, and unless either party serves notice of the intention to terminate the contract before Jan 1, this contract shall automatically be renewed for successive one-year terms, at the prior year's rate.

TERMINATION

In the event the Customer is dissatisfied with said services, the Customer must give Elites 30 days' written notice to correct the problem. If the problem is not corrected within said 30 days, then the Customer has the right to cancel this agreement upon payment of all accrued charges.

Many Contracts are a two-year agreement and may be canceled only upon the following conditions:

l ) By the Customer, if Elites has not corrected any problems as set forth in the above paragraph of this agreement.

By the Customer, upon 30 days' written notice if the premises is sold and payment is made of all accrued charges.
By Elites, upon 10 days written notice if the Owner is delinquent for 30 days in payment of the monthly charges. This agreement shall insure the benefit and be binding on the parties, heirs, executors, administrators, assignees, and successors of the parties. This agreement contains the entire understanding of the parties that no statements, promises, or inducements made by either party or agent that are not contained in this written agreement shall not be valid or binding. In the event of a dispute between the parties, then the status of any litigation shall be in Winnebago County, Illinois, and laws of Illinois shall govern.

PERSONAL INJURY

Snow and ice are natural occurring events and Elites will not be responsible for personal injury or property/vehicle damage which occurs as a result of drifting, melting, or re-freezing snow and ice on any areas covered within this contract The owner shall hereby agree to save and hold harmless Elites from any actions brought against it relating to injury or damage resulting from such conditions. Owner understands that plowing (or de-icing) at a particular location may not clear the area to "bare pavement" and that slippery conditions may continue to prevail even after plowing (or application of de-icing). This is a natural occurring condition. Any limitations of service (including de-icing quantities, hours of operation, or equipment) whether verbal or written by Owner or Owner's agent releases Elites of all liability within terms of the contract.