Before your delivery can be scheduled, you must read and agree to the delivery terms and conditions below.
I understand that mulch is not treated with any additional chemicals and that while the driver will exercise due care in delivering the material, Arlington County will not be held responsible for any property damage that may occur during the delivery operation or items that will prohibit material from being delivered.
County of Arlington Assumption of the Risk, Release and Hold Harmless Agreement
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, including the promise to deliver mulch and any other agreed-upon materials (together hereinafter referred to as “materials”), the undersigned hereby acknowledges, covenants and agrees as follows:
- The agreed-upon delivery includes, without limitation, the use of large vehicles and/or machinery, possibly weighing in excess of 32,000 pounds, which may be required to enter on the real property of the undersigned, as well as the dispensing of the materials on said property.
- The delivery of the materials involves exposure to inherent risks and dangers, including, without limitation:
– Cracked driveways.
– Damage to grass/lawn.
– Damage to walkways.
– Damage to shrubs, plants, flowers, trees, tree limbs or any other landscaping.
– Plant diseases caused by the use of delivered materials.
– Damage to utility lines.
– Other damages caused by the weight, height or width of the delivery vehicle to landscaping, driveways, grass, pavers or any other structure.
– Discoloration of driveways/walkways due to leaking fluids or other residue from the delivery vehicle.
– Discoloration of driveways/walkways where delivered materials are dispensed.
– Damage or inconvenience caused by delivery of materials to a spot or location other than that indicated by the undersigned as per this agreement.
- Any mulch delivered curbside and left on the roadway or sidewalk must be removed by the citizen within 24 hours. Mulch left longer than 24 hours may be removed by the County with no refund to the citizen for the mulch removed.
- The undersigned, and for the undersigned’s successors, assigns, heirs, executors and administrators, releases and holds harmless the County Board of Arlington County, Virginia, its officers, agents and employees for any and all injuries, both to person and property, regardless of severity, arising out of or related in any way to the delivery of, or use of, any materials delivered per this agreement, including, without limitation, injuries that occur, in whole or in part, due to any act, negligent, reckless, intentional or otherwise, by or on behalf of the County of Arlington, its officers, agents or employees;
- The undersigned, and for the undersigned’s successors, assigns, heirs, executors and administrators, shall indemnify and hold harmless the County Board of Arlington County, Virginia, its officers, agents and employees, from any and all liability, actions, causes of action, claims, debts and demands of any kind and nature, including costs, expenses and attorney’s fees, incurred by the County Board of Arlington County, Virginia, its officers, agents or employees, as a result of, arising out of or related to any act or omission, intentional, reckless, negligent or otherwise, by the undersigned during the course of the delivery or use of any materials delivered per this agreement; and
- The undersigned is 18 or older, has read this document completely and understands its contents, and is legally competent to execute the same. Any person signing this agreement who is not 18 or older must have this document signed by either the undersigned’s legal guardian or guardians.
- This Assumption of the Risk, Release and Hold Harmless Agreement extends to my heirs, assigns, legal representatives, beneficiaries and agents of any kind; as well as to Arlington County, the County Board of Arlington County, Virginia, and past, present and future officers, employees and agents thereof. I acknowledge that I have had the opportunity to read this entire form and to have legal or other counsel review it.
I agree to the delivery terms and conditions, and I agree that the charge for this service will be applied to my utility bill.