Terms and Conditions | Foot Soldiers, LLC

Curb

Curb+

TERMS & CONDITIONS

CLEANING SERVICES TERMS & CONDITIONS
- Sweeping only & CURB
- CURB+
SNOW SERVICES TERMS & CONDITIONS

Please read these terms and conditions ("terms and conditions," "terms") carefully before using myfootsoldiers.com ("website," "service") or listed services operated by FOOT SOLDIERS ("us," 'We," "our"). Conditions of use. By using this website, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to stop using the website accordingly and not purchase a service plan with FOOT SOLDIERS. FOOT SOLDIERS only grants use and access to this website, its products, and its services to those who have accepted its terms.

TRADEMARKS AND COPYRIGHTS. The trademarks, trade dress, logos, and service marks displayed on this Site are owned by FOOT SOLDIERS or third parties. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. All content on the Site, including without limitation text, photographs, graphics, layout, and design, is owned by Roto-Rooter, or we have been granted permission to use the content. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any copyrighted material on the Site. Notwithstanding the foregoing, you may download a single copy of the content on the Site for your personal, noncommercial use, provided all copyright and other proprietary notices are kept intact and provided

that you do not modify the content in any manner.

ERRORS, INACCURACIES, AND OMISSIONS. Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

FOOT SOLDIERS will begin providing the Services (as defined below) on the "Effective Date" which the OWNER has chosen and continue to provide such services during the Term (as described below).

RECITALS

A. OWNER is the OWNER or property manager, as applicable, of the Property set forth on SCHEDULE 1 attached hereto (collectively, the "Property")

B. FOOT SOLDIERS is a Limited Liability Company that desires to provide OWNER with, and OWNER agrees to pay FOOT SOLDIERS for, the Services

C. PROPERTY is the OWNER's contracted service address to receive sweeping, trash, or snow services by the FOOT SOLDIERS

D. CURB is the FOOT SOLDIERS' cleaning service for front yard sweeping + trash + recycling removal plan

E. CURB+ is the FOOT SOLDIERS' cleaning service for front yard sweeping + trash + recycling removal + snow shoveling plan

SWEEPING ONLY & CURB SERVICE

NOW, THEREFORE, in consideration of the mutual covenants herein created, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

CURB SUBSCRIPTION DETAILS & HOLIDAYS. If a cleaning plan is selected, during the Term of this Agreement, FOOT SOLDIERS will perform sweeping of litter removal from the Property's sidewalk, front entrance stairway(s), and front yard and stairways (the "Services") at the Property typically during the hours of 2:00 PM and 8:00 PM up to THREE DAYS PER WEEK (the day before NYC sanitation collection); provided that (x) FOOT SOLDIERS will not provide the Services on the eve or day of a federally recognized holiday (including New Year's Day/Eve, Martin Luther King Jr. Day/Eve, President's Day Eve/Eve, Easter Sunday, Memorial Day/Eve, Independence Day/Eve, Labor Day/Eve, Indigenous People Day/Eve, Election Day Eve (in election years), Veteran's Day/Eve, Thanksgiving Day/Eve, Christmas Day/Eve). During regular service days for CURB clients, trash and recycling removal will be handled as follows:

(i) up to a maximum of twelve (12) bags of garbage per location per service day (provided that such waste must be in garbage bags and the filled garbage bags must weigh less than 50 pounds each);

(ii) up to a maximum of eight (15) bags of recycling per location per service day (provided that such recycling must be in recycling bags, the filled recycling bags must weigh less than 50 pounds each, and the recycling must be in recycling bags separate from the garbage (If OWNER opts in for Recycling Separation add on, FOOT SOLDIERS will not separate the recycling placed in household garbage bags, FOOT SOLDIERS will sort only incorrect recycling in recycling bags)), in each case from the area on the Property where the garbage/recycling cans are generally located to the curb of the Property; placement of up to eight (8) new garbage and four (4) new recycling bags provided by FOOT SOLDIERS in OWNER's garbage bins; and up to a maximum of two (2) bags of leaves per location per service day (other than trace amounts as determined by FOOT SOLDIERS) from the front yard of the Property during the autumn season.

(iii) we provide bags for standard bins that are 50 gallons and smaller. Larger bins will incur additional monthly fees.

(iv) large items, wood with nails, appliances, beds, and tenant moveouts have additional service charges to manage NYC sanitation compliance related issues..

WEATHER & SAFETY CANCELLATION. Notwithstanding any provision of this Agreement to the contrary, (A) FOOT SOLDIERS may at any time and without notice to OWNER, cancel any of the Services for any given day if FOOT SOLDIERS reasonably determines in its sole discretion that, due to inclement weather or any other potentially hazardous condition, it would be unsafe to perform the Services on such day, and (B) if it is snowing on any day the Services are to be performed, then FOOT SOLDIERS may cancel the Services to provide efficient snow removal to our members. OWNER acknowledges and agrees that if FOOT SOLDIERS cancels or postpones any of the Services or Additional Services according to this paragraph, OWNER shall not be entitled to any refund or credit.

SERVICE CANCELLATION. OWNER or FOOT SOLDIERS may cancel this Agreement at the end of the Initial Period (as defined below) or any Renewal Period (as specified below).

TERM. The Term of SUBSCRIPTION Agreements shall run from the Effective Date to the date that is 30 calendar days after the Effective Date (the "Initial Period"). This Agreement shall automatically renew after the Initial Period for successive 30 calendar day periods (each, a "Renewal Period") unless at least seven (7) calendar days before the end of the Initial Period or any successive Renewal Period, as applicable, either party provides the other with written notice of its intention to terminate this Agreement. All other Agreements terms should be listed on the invoice for the particular Service.

PAYMENTS. OWNER will pay to FOOT SOLDIERS MONTHLY subscription fees, or pay per service fees, NYC sales tax, via direct debit, bank draft, check (see SCHEDULE 1 for failed payment fees) money order, or cash, at least three (3) calendar days before the Effective Date or the first day of any successive Renewal Period, as applicable; provided, that in the case of an Initial Period or Renewal Period that is 30 calendar days in length, all payments must be made by direct debit. FOOT SOLDIERS reserves the right to increase the Service Fees with at least 30 days' notice from FOOT SOLDIERS. FOOT SOLDIERS shall provide no refunds except where solely due to FOOT SOLDIERS billing errors. Service credits are provided for Services concerning missed service days (other than those service days due to Weather & Safety Cancellation as discussed above) or tickets that FOOT SOLDIERS are responsible for as discussed below.

PAYMENT DATE. All subscription payments are due on the 8th day of each month. Additional Services are billed after services have been completed.

LATE FEE. Without limiting the generality of the preceding provisions of this Section, if any payment due on a Payment Date is not received in full on or before the Payment Date, the OWNER shall pay to FOOT SOLDIERS, immediately and without demand, a late payment charge, for each month during which such payment delinquency exists, equal to five percent (5%) of such amount ("Late Fees") to defray the expenses incurred by FOOT SOLDIERS in handling and processing such delinquent Payment and to compensate FOOT SOLDIERS for the loss of use of such outstanding Payment.

VISITS. OWNER signs up for either a one-time service, once, twice, or three times a week recurrence.

ACCESS. OWNER hereby grants to FOOT SOLDIERS the right to enter all common areas of the Service Property solely to perform the Services described in the SUBSCRIPTION DETAILS of this Agreement.

ACCESS AREA. OWNER acknowledges and agrees that the Services shall be limited to the outside areas of the Property (including, without limitation, the pathway and stairs leading to the Property and any stoops, lawns, driveways, and exterior facades of any building(s), dwelling(s) and/or any garage area(s) on the Property). This Agreement is not intended to give FOOT SOLDIERS the right to access the interior of any building(s), dwelling(s), and/or any garage area(s) on the Property unless otherwise agreed to by OWNER.

INDEMNITY & TICKETS. OWNER and its representatives shall indemnify, defend and hold harmless FOOT SOLDIERS and its directors, staff, employees, volunteers and/or agents from and against all claims, damages, losses, liabilities, costs and expenses (including, without limitation, chipped, scratched or damaged staircases and cement from ice removal, claims, suits, reasonable attorneys' fees and all fines, tickets, or other fees incurred in connection with the provision of the Services) resulting from, arising out of or in connection with FOOT SOLDIERS' access to the Property for the purposes of providing the Services described herein, including injuries to any person present on the Property at any time resulting from the presence of Snow, ice or any other meteorological condition, regardless of whether FOOT SOLDIERS fails to perform the Services contemplated herein in whole or in part, for any reason; however OWNER may be able to receive a service credit for the following types of tickets if FOOT SOLDIERS failed to provide proper services. OWNER is responsible for any court or payment proceedings related to their enrolled Property (s):

If OWNER has the Recycling Separation add-on and received a ticket for failing to separate the recycling properly, FOOT SOLDIERS will provide a photo of the recycling on the most recent day(s) Services were performed for the OWNER to aid the OWNER as evidence in court or through the mail or online defense. If FOOT SOLDIERS cannot provide such proof, then FOOT SOLDIERS will credit the OWNER's account for the original amount of the ticket, provided that if the OWNER does not inform FOOT SOLDIERS of the ticket within 15 days of the issued date of the ticket, FOOT SOLDIERS will not credit OWNER for the ticket. If OWNER receives a ticket for a Dirty or Littered Sidewalk, FOOT SOLDIERS will provide a photo of the sidewalk on the most recent day(s) Services were performed for the OWNER to aid the OWNER as evidence in court or through the mail. If FOOT SOLDIERS cannot provide such proof, then FOOT SOLDIERS will credit the OWNER's account for the original amount of the ticket, provided that (a) if the OWNER was issued the ticket on a non-service day or before FOOT SOLDIERS' scheduled service time, in each case, as set forth on SCHEDULE 1, FOOT SOLDIERS will not credit OWNER for the ticket, and (b) if the OWNER does not inform FOOT SOLDIERS of the ticket within 15 days of the issued date of the ticket, FOOT SOLDIERS will not credit OWNER for the ticket.

If OWNER receives a ticket for trash/recycling out on a wrong day, FOOT SOLDIERS will provide a photo of the trash/recycling area on the most recent day(s) Services were performed for the OWNER to aid the OWNER as evidence in court or through the mail or online through ECB. If FOOT SOLDIERS cannot provide such proof, then FOOT SOLDIERS will credit the OWNER's account for the original amount of the ticket, provided that (a) if the OWNER was issued the ticket on a non-service day or before FOOT SOLDIERS' scheduled service time, in each case, as set forth on Schedule 1, FOOT SOLDIERS will not reimburse OWNER for the ticket, and (b) if the OWNER does not inform FOOT SOLDIERS of the ticket within 15 days of the issued date of the ticket, FOOT SOLDIERS will not credit OWNER for the ticket.

In all of the above situations, when FOOT SOLDIERS have photo evidence, OWNER must plead not guilty and use the photos in their defense. FOOT SOLDIERS must receive a copy of the ruling to credit OWNER's account.

SIGNAGE. Many properties in the area where we Service do not have visibly listed street address numbers. OWNER agrees to allow FOOT SOLDIERS' staff members to place a tasteful community plaque five (5) inches high by eighteen (18) inches wide in a reasonably visible area of the front yard to aid workers in identifying OWNER's properties. Clients without signage risk missing a service day due to the possible completion of a neighbor's Property in error.

NOTICES. All notices and formal communications that either party may give to the other under or in connection with this Agreement shall be deemed to be duly given if in writing and sent by email transmission. Other acceptable forms of communication include (a) personal delivery, (b) facsimile transmission, or (c) certified mail, return receipt requested, in each case, to the parties hereto at the addresses, facsimile numbers, or email addresses, as applicable, set forth in the preamble hereto and signature blocks hereof. All such notices and communications will be deemed given if delivered personally, upon delivery; if delivered by certified mail, upon the earlier of the third business day following mailing and receipt; or if delivered by email transmission, upon sending.

GOVERNING LAW. This Agreement shall be governed by the laws of the State of New York without regard to any principles of conflicts of law.

AMENDMENT/MODIFICATION. This Agreement may not be modified or amended, except according to a writing signed by both OWNER and FOOT SOLDIERS. Notwithstanding the preceding, FOOT SOLDIERS may alter or amend this Agreement at any time and add or remove Services at any time to comply with laws relating to Snow, ice, and refuse removal as promulgated by the State Sanitation Department, provided that in the event such modification or amendment (each, an "Alteration") materially and adversely affects the rights of OWNER as described herein, OWNER may request in writing that FOOT SOLDIERS rescind such Alteration. If FOOT SOLDIERS determines, in its sole discretion, that such Alteration will materially and adversely affect OWNER's rights according to this Agreement, FOOT SOLDIERS will rescind such Alteration or terminate this Agreement at its option.

MODIFICATIONS TO THE SERVICE AND PRICES. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension or

discontinuance of the Service.

MISCELLANEOUS. This Agreement contains the entire Agreement and understanding between the parties regarding the subject matter hereof and merges and supersedes all prior discussions, agreements, and understandings concerning the subject matter. This Agreement may be executed in any number of counterparts, which shall together evidence a single agreement. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or transmitted electronically in a Tagged Image Format File ("TIFF"), Portable Document Format ("PDF"), or other electronic format sent by electronic mail shall be effective as delivery of a manually executed counterpart of this Agreement. This Agreement shall become effective when it shall have been executed by each party hereto. This Agreement shall inure to the benefit of and bind OWNER and FOOT SOLDIERS and their respective successors and assigns. OWNER shall reasonably cooperate with FOOT SOLDIERS in connection with the Services. If any part of this Agreement is declared unenforceable, all other provisions of this Agreement shall remain enforceable.

CURB+ SERVICE

NOW, THEREFORE, in consideration of the mutual covenants herein created, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

CURB SUBSCRIPTION DETAILS & HOLIDAYS. If a cleaning plan is selected, during the Term of this Agreement, FOOT SOLDIERS will perform the following cleaning services (the "Services") at the Property typically during the hours of 2:00 PM and 8:00 PM up to THREE DAYS PER WEEK (the day before NYC sanitation collection); provided that (x) FOOT SOLDIERS will not provide the Services on the eve or day of a federally recognized holiday (including New Year's Day/Eve, Martin Luther King Jr. Day/Eve, President's Day Eve/Eve, Easter Sunday, Memorial Day/Eve, Independence Day/Eve, Labor Day/Eve, Indigenous People Day/Eve, Election Day Eve (in election years), Veteran's Day/Eve, Thanksgiving Day/Eve, Christmas Day/Eve) and (y) concerning the services described herein, FOOT SOLDIERS will not perform such services on any day on which it is snowing. Curb services include sweeping and litter removal from the Property's curb, sidewalk, front entrance stairway(s), and front yard; snow shoveling is also included at an additional discounted cost detailed in Payments below:

(i) up to a maximum of twelve (12) bags of garbage per location per service day (provided that such waste must be in garbage bags and the filled garbage bags must weigh less than 50 pounds each);

(ii) up to a maximum of eight (15) bags of recycling per location per service day (provided that such recycling must be in recycling bags, the filled recycling bags must weigh less than 50 pounds each, and the recycling must be in recycling bags separate from the garbage (If OWNER opts in for Recycling Separation add on, FOOT SOLDIERS will not separate the recycling placed in household garbage bags, FOOT SOLDIERS will sort only incorrect recycling in recycling bags)), in each case from the area on the Property where the garbage/recycling cans are typically located to the curb of the Property; placement of up to eight (8) new garbage and four (4) new recycling bags provided by FOOT SOLDIERS in OWNER's garbage bins; and up to a maximum of two (2) bags of leaves per location per service day (other than trace amounts as determined by FOOT SOLDIERS) from the front yard of the Property during the autumn season.

(iii) we provide bags for standard bins that are 50 gallons and smaller. Larger bins will incur additional monthly fees.

(iv) large items, wood with nails, appliances, beds, and tenant moveouts have additional service charges to manage NYC sanitation compliance related issues..

SERVICE CANCELLATION. OWNER or FOOT SOLDIERS may cancel this Agreement at the end of the Initial Period (as defined below) or any Renewal Period (as specified below).

PAYMENTS. OWNER will pay to FOOT SOLDIERS MONTHLY subscription fees, or pay per service fees, NYC sales tax, via direct debit, bank draft, check, money order, or cash, at least three calendar days before the Effective Date or the first day of any successive Renewal Period, as applicable; provided, that in the case of an Initial Period or Renewal Period that is 30 calendar days in length, all payments must be made by direct debit. FOOT SOLDIERS reserves the right to increase the Service Fees with at least 30 days' notice from FOOT SOLDIERS. FOOT SOLDIERS shall provide no refunds except where solely due to FOOT SOLDIERS billing errors. Service credits are provided for Services concerning missed service days (other than those service days due to Weather & Safety Cancellation as discussed above) or tickets that FOOT SOLDIERS are responsible for as discussed below.

OWNER will pay FOOT SOLDIERS a fee each time it snows. The price adjusts based on the property size, whether commercial or residential, recorded depth by weather.gov based on Central Park and JFK satellites. Other potential fees in SCHEDULE 1.

Residential Property
- Small Property (up to 20' wide) - Snowfall up to 6" $99.99
- Medium Property (20' - 41' wide) - Snowfall up to 6" $149.99
- Large Property (41' - 70' wide) - Snowfall up to 6" $199.99
- X Large Property (71' - 120' wide) - Unavailable
- Custom Property (120'+) - Unavailable
Commercial/Mix used Property
- Small Property (up to 20' wide) - Snowfall up to 4" $199.99
- Medium Property (21' - 40' wide) - Snowfall up to 4" $249.99
- Large Property (41' - 70' wide) - Snowfall up to 4" $399.99
- X Large Property (71' - 120' wide) - Snowfall up to 4" $499.99
- Custom Property (121'+) - Unavailable

PAYMENT DATE. All subscription payments are due on the 8th day of each month. Additional Services are billed after services have been completed, except for Snow Clearing services which are automatically debited with a stored direct debit payment method.

VISITS. OWNER signs up for either a one-time service, once, twice, or three times a week recurrence.

ACCESS. OWNER hereby grants to FOOT SOLDIERS the right to enter all common areas of the Service Property solely to perform the Services described in the SUBSCRIPTION DETAILS of this Agreement

If OWNER receives a ticket for a Dirty or Littered Sidewalk, FOOT SOLDIERS will provide a photo of the sidewalk on the most recent day(s) Services were performed for the OWNER to aid the OWNER as evidence in court or through the mail. If FOOT SOLDIERS cannot provide such proof, then FOOT SOLDIERS will credit the OWNER's account for the original amount of the ticket, provided that (a) if the OWNER was issued the ticket on a non-service day or before FOOT SOLDIERS' scheduled service time, in each case, as set forth on SCHEDULE 1, FOOT SOLDIERS will not credit OWNER for the ticket, and (b) if the OWNER does not inform FOOT SOLDIERS of the ticket within 15 days of the issued date of the ticket, FOOT SOLDIERS will not credit OWNER for the ticket.

NOTICES. All notices and formal communications that either party may give to the other under or in connection with this Agreement shall be deemed to be duly given if in writing and sent by email transmission. Other acceptable forms of communication include (a) personal delivery, (b) facsimile transmission, or (c) certified mail, return receipt requested, in each case, to the parties hereto at the addresses, facsimile numbers, or email addresses, as applicable, set forth in the preamble hereto and signature blocks hereof. All such notices and communications will be deemed given if delivered personally, upon delivery; if delivered by facsimile transmission, upon confirmed receipt; if delivered by certified mail, upon the earlier of the third business day following mailing and receipt; or if delivered by email transmission, upon sending.

GOVERNING LAW. This Agreement shall be governed by the laws of the State of New York without regard to any principles of conflicts of law.

AMENDMENT/MODIFICATION. This Agreement may not be modified or amended, except according to a writing signed by both OWNER and FOOT SOLDIERS. Notwithstanding the preceding, FOOT SOLDIERS may modify or amend this Agreement at any time and add or remove Services at any time to comply with laws relating to Snow, ice, and refuse removal as promulgated by the State Sanitation Department, provided that in the event such modification or amendment (each, an "Alteration") materially and adversely affects the rights of OWNER as described herein, OWNER may request in writing that FOOT SOLDIERS rescind such Alteration. If FOOT SOLDIERS determines, in its sole discretion, that such Alteration will materially and adversely affect OWNER's rights according to this Agreement, FOOT SOLDIERS will rescind such Alteration or terminate this Agreement at its option.

discontinuance of the Service.

SNOW SERVICE

By choosing this Snow plan, OWNER agrees to all the terms in this Agreement.

FOOT SOLDIERS will begin providing the Residential Snow Services (as defined below) starting the "Effective Date," which the OWNER has chosen and will continue to provide such services during the Term (as described below). Snow plans and pricing are based on the width of your Property from an outside frontal view. A residential property is one classified as a legal residential property only. We serve five sizes of properties:

Small (<20' wide area) - Typical size brownstone
Medium (21'-40' wide area) - Up to two brownstones wide
Large (41'-70' wide area) - Several lots or small corner property
X-Large (71'-120' wide area) - Several lots or small corner property
Custom - Properties larger than 121'

NOW in consideration of the mutual covenants herein created, the receipt and sufficiency of which are now acknowledged, the parties hereto agree as follows:

SNOW CLEARING PAY PER SERVICE: FOOT SOLDIERS provide shoveling or other services such that Snow, other than trace amounts as determined by FOOT SOLDIERS and Snow remaining on the curbside, has been cleared from the following minimum requirements:

(i) a minimum approximate four-foot-wide walking path on the sidewalk directly in front of the Property and on the sides of large and corner properties;

(ii) a walking path of approximately 36 inches in width, connecting one side entrance of the Property to the front gate (or other equivalent or similarly situated entrance area or fixture) of such Property;

(iii) a path, approximately 36 inches in width, connecting the front steps of the Property to the front gate (or other equivalent or similarly situated entrance area or fixture);

(iv) reasonably most of the front stairway of the Property; and

(v) clear snow off the walking areas on the Property's stairway(s).

Concerning each of the immediately preceding clauses (i) through (v), if OWNER or a tenant at the Property does not permit FOOT SOLDIERS to remove the Snow to a location on the Property deemed reasonable by FOOT SOLDIERS in its sole discretion, FOOT SOLDIERS will only clear a walking path, approximately four feet in width. Notwithstanding any other provision of this Agreement to the contrary:

(i) on days when snowfall ends between 7:00 AM and 4:59 PM, the FOOT SOLDIERS will make their best effort, barring unforeseen circumstances, to remove Snow within Six (6) hours, except in the case of a blizzard or ice storm, in which case the Snow will be cleared when the roadways have been determined safe to drive by the City of NY;

(ii) on days when Snow stops between 5:00 PM and 8:59 PM, FOOT SOLDIERS will remove Snow from the areas mentioned above within fourteen hours after the Snow ceases to fall;

(iii) on days when Snow stops between 9:00 PM and 6:59 AM, FOOT SOLDIERS will remove Snow from the areas mentioned above by early afternoon; and

(iv) in most cases, FOOT SOLDIERS will not shovel under two (2) inches of Snow. Pre and post-visit anti-icing agents will be used instead. At the FOOT SOLDIERS' sole discretion, if Snow under two (2) inches is expected to freeze and cause a potential hazard, staff will shovel the Snow at the rate listed in the PAYMENT section below.

PRE-TREATING & BELOW 2" SNOWFALL. Pretreating Service is an additional charge by the FOOT SOLDIERS when the forecast for snowfall is under two inches. It refers to the preventative application of an industrial snow-melting agent to driving/walking surfaces before a storm. This tactic helps prevent Snow and ice from bonding to the pavement, allowing workers to clear the Snow more quickly; when used effectively, anti-icing practices create the safest conditions during storms and post-storm cleanup. When the Property has adequately been anti-iced, workers can use plastic steel-tipped shovels to safely remove the Snow, reducing the need for iron and steel equipment that can scratch and chip sidewalks and stairways. When snowfall is below two (2) inches, anti-icing can be sufficient to manage the snow removal needs. As a result, FOOT SOLDIERS do not typically provide Snow Clearing services for snowfall under two (2) inches. The cost of an anti-icing service is in SCHEDULE 1 below. FOOT SOLDIERS will treat the Property with a calcium chloride product up to 24 hours before any snowfall forecast with a probability of at least 30%: DE-ICING: De-icing requires metal equipment and the application of industrial snow-melter to eliminate existing bonded Snow and ice on driving and walking surfaces. Calcium chloride is applied after each Snow clearing service is completed.

RESPONSIBILITIES.

(i) OWNER maintains exclusive responsibility for monitoring, inspecting, and ensuring snow removal occurs at their premises; on most occurrences, FOOT SOLDIERS will upload service photos to the client's portal within one hour after each service completion;

(ii) The services provided by FOOT SOLDIERS in no way displaces the OWNER's duty and responsibility to maintain the premises in a safe condition;

(iii) FOOT SOLDIERS is not responsible for the melting and re-freezing of Snow, ice, or rain after applying melting application agent(s);

(iv) OWNER or OWNER's designee should inspect Property within one (1) hour of work completion; any defect in services' performance must be communicated via email, text, or phone immediately to FOOT SOLDIERS;

(v) Services of FOOT SOLDIERS are deemed satisfactory unless the property OWNER notifies FOOT SOLDIERS of a problem within one (1) hour of the completed Service; and

(vi) FOOT SOLDIERS is not responsible for any injuries or losses before, during, or after the Employees or Contractors leave the premises.

WEATHER & SAFETY CANCELLATION. Notwithstanding any provision of this Agreement to the contrary, FOOT SOLDIERS may at any time and without notice to OWNER, cancel any of the Services for any given day if FOOT SOLDIERS reasonably determines in its sole discretion that, due to inclement weather or any other potentially hazardous condition, it would be unsafe to perform the Services on such day. OWNER acknowledges and agrees that if FOOT SOLDIERS cancels or postpones any of the Services or Additional Services according to this paragraph, OWNER shall not be entitled to any refund or credit.

SERVICE CANCELLATION. OWNER or FOOT SOLDIERS may cancel this Agreement or a particular service at any time via text, day, or email. If a FOOT SOLDIERS designee were already dispatched, the OWNER would incur a TRIP CHARGE in SCHEDULE 1.

TERM. The Term of this Agreement shall run from the Effective Date to the date that is 119 calendar days after the Effective Date (the "Initial Period"). Snow Clearing services are automatic until this contract is terminated. We anticipate 12 visits per year, but that will change based on actual snowfall. This Agreement shall automatically renew after the Initial Period for successive 119 calendar day periods (each, a "Renewal Period").

PAYMENT. OWNER will pay FOOT SOLDIERS a fee each time it snows. The price adjusts based on the property size, whether commercial or residential, recorded depth by weather.gov based on Central Park and JFK satellites. Other potential fees in SCHEDULE 1.

Residential Property
- Small - Snowfall up to 6" $129.99
- Medium - Snowfall up to 6" $179.99
- Large - Snowfall up to 6" $239.99
- X Large - Snowfall up to 6" $299.99
- Custom
Commercial/Mix used Property
- Small - Snowfall up to 4" $199.99
- Medium - Snowfall up to 4" $249.99
- Large - Snowfall up to 4" $399.99
- X Large - Snowfall up to 4" $499.99
- Custom

Fees do not include NYC sales tax, plus any additional amounts (a) set forth on SCHEDULE 1 for Additional Services, and (b) due for additional snow removal Services performed (collectively, the "Fee"). Clients can pay directly via their client's portal via credit or debit card; FOOT SOLDIERS can set up ACH payments by making a request to services@myfootsoldiers.com; client's paying with check, money must pay in advance ( a credit for two services must always remain on file), cash is not accepted; Payments must be made before the Effective Date or the first day of any successive Renewal Period, as applicable. FOOT SOLDIERS shall provide no Service refunds; service credits are provided for Services concerning missed service days (other than those service days due to Weather & Safety Cancellation as discussed above) or tickets that FOOT SOLDIERS are responsible for as discussed below.

REFUNDABLE SNOW SECURITY DEPOSIT. A refundable Security Deposit in the amount listed on SCHEDULE 1 shall be paid via direct debit by OWNER to FOOT SOLDIERS on or before the Effective Date. OWNER and FOOT SOLDIERS agree that: (i) declined Payments will suspend Snow Clearing services, FOOT SOLDIERS shall apply the snow security deposit for declined Payment which is due and payable to FOOT SOLDIERS for Snow related services listed on SCHEDULE 1; OWNER must replenish (ii) Security Deposit total before Snow Clearing services are reactivated.

PAYMENT DATE. All Snow Clearing services are automatically debited after services have been completed.

ACCESS. OWNER hereby grants to FOOT SOLDIERS the right to enter all common areas of the Service Property solely to perform the Services described in the SUBSCRIPTION DETAILS of this Agreement

ACCESS AREAS. OWNER acknowledges and agrees that the Services shall be limited to the outside areas of the Property (including, without limitation, the pathway and stairs leading to the Property and any stoops, lawns, driveways, and exterior facades of any building(s), dwelling(s) and any garage area(s) on the Property). This Agreement is not intended to give FOOT SOLDIERS the right to access the interior of any building(s), dwelling(s), and any garage area(s) on the Property unless otherwise agreed to by OWNER.

INDEMNITY & TICKETS. OWNER and its property management company, the insurance company, and agents shall indemnify, defend and hold harmless FOOT SOLDIERS and its directors, staff, employees, independent contractors, volunteers, and agents from and against all claims, damages, losses, liabilities, costs, and expenses (including, without limitation, chipped, scratched or damaged staircases, cement, and asphalt from ice removal, claims, suits, reasonable attorneys' fees, and all fines, tickets, or other costs incurred in connection with the provision of the Services) resulting from, arising out of or in connection with FOOT SOLDIERS' access to the Property to provide the Services described herein, including injuries to any person present on the Property at any time resulting from the presence of Snow, ice or any other meteorological condition, regardless of whether FOOT SOLDIERS fails to perform the Services contemplated herein in whole or in part, for any reason.

SIGNAGE. Many properties in the area where we Service do not have visibly listed street address numbers. OWNER agrees to allow FOOT SOLDIERS' staff members to place a tasteful community plaque five (5) inches high by eighteen (18) inches wide in a reasonably visible area of the front yard to aid workers in identifying the Owner's properties. When Snow falls, visibility becomes distorted. Foot Soldiers' Shovelers make fewer avoidable errors because of these signs. If the OWNER declines signage, Foot Soldiers will not grant the OWNER any refund if a neighboring property is cleared by accident.

NOTICES. All notices and formal communications that either party may give to the other under or in connection with this Agreement shall be deemed to be duly given if in writing and sent by email transmission. Other acceptable forms of communication include (a) personal delivery, (b) certified mail, return receipt requested, in each case, to the parties hereto at the addresses, or email addresses, as applicable, outlined in the preamble hereto and signature blocks hereof. All such notices and communications will be deemed given: (i) if delivered personally, upon delivery; (ii) if delivered by certified mail, upon the earlier of the third business day following mailing and receipt to Foot Soldiers, 12 Park Street, Suite 301, Brooklyn, NY 11206; or (iii) if delivered by email transmission, upon sending to services@myfootsoldiers.com.

GOVERNING LAW. This Agreement shall be governed by the laws of the State of New York without regard to any principles of conflicts of law.

AMENDMENT/MODIFICATION. This Agreement may not be modified or amended, except according to a writing signed by both OWNER and FOOT SOLDIERS. Notwithstanding the preceding, FOOT SOLDIERS may alter or amend this Agreement at any time and add or remove services at any time to comply with laws relating to Snow, ice, and refuse removal as promulgated by the State Sanitation Department, provided that in the event such modification or amendment (each, an "Alteration") materially and adversely affects the rights of OWNER as described herein, OWNER may request in writing that FOOT SOLDIERS rescind such Alteration. If FOOT SOLDIERS determines, in its sole discretion, that such Alteration will materially and adversely affect OWNER's rights according to this Agreement, FOOT SOLDIERS will rescind such Alteration or terminate this Agreement at its option.

MISCELLANEOUS. This Agreement contains the entire Agreement and understanding between the parties regarding the subject matter and merges and supersedes all prior discussions, agreements, and understandings regarding the such subject matter. This Agreement may be executed in any number of counterparts, which shall together evidence a single agreement. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or transmitted electronically in a Tagged Image Format File ("TIFF"), Portable Document Format ("PDF"), or other electronic format sent by electronic mail shall be effective as delivery of a manually executed counterpart of this Agreement. This Agreement shall become effective when it shall have been executed by each party hereto. This Agreement shall inure to the benefit of and shall bind OWNER and FOOT SOLDIERS and their respective successors and assigns. OWNER shall reasonably cooperate with FOOT SOLDIERS in connection with the Services. If any part of this Agreement is declared unenforceable, all other provisions shall remain enforceable.

SCHEDULE 1

ADDITIONAL FEES
- Seasonal snow clearing membership fees are paid on October 1st of each year and covers our clients who have paid for snow clearing services until April 15th of the following year. The fee is non-refundable, $999.99 per season, per residential property and $1,999.99 per commercial property.
  - Residential
- Property Sizes
  - Residential Property
    - Small Property (up to 20' wide)
    - Medium Property (20' - 41' wide)
    - Large Property (41' - 70' wide)
    - X Large Property (71' - 120' wide)
    - Custom Property (120'+)
  - Commercial/Mix used Property
    - Small Property (up to 20' wide)
    - Medium Property (21' - 40' wide)
    - Large Property (41' - 70' wide)
    - X Large Property (71' - 120' wide)
    - Custom Property (121'+)
- All clients - Not based on property size or type
  - ONBOARDING FEE - $79.99 - $239.99 depending on property size and service selection. Includes enrollment to the client portal, maintenance property setup, and installation of identification plaque.
  - RUSHED SERVICES - $79.99 Confirming Snow clearing services 12 - 48 before a forecasted storm has a rush charge.
  - Out of Zone - $99.99 - OUT OF ZONE - ONLY for Properties that fall out of our catchment areas, which include: Brownsville, Bushwick, Ocean Hill, Williamsburg (Inc. South & East), Greenpoint, Ridgewood, Gowanus, Prospect Lefferts Gardens, Downtown Brooklyn, Boerum Hill, East New York, Prospect Heights, Park Slope, Carroll Gardens, Brooklyn Heights, Clinton Hill, Cobble Hill, Fort Greene, and Cypress Hills.
  - Return Check Fee $29.99
- Residential Property
  - Small
    - ANTI-ICING - Each day before snowfall is forecast, FOOT SOLDIERS spread an anti-ice solution—
      - $24.99 Snow Only Clients
      - $19.99 Curb+ Members
    - EMERGENCY Services - $249.99: Emergency services apply to properties that the FOOT SOLDIERS did not pretreat. Shoveling confirmations made 12 hours before snowfall is forecasted to begin, throughout, or after a snowfall has ended are considered emergencies.
    - TRIP CHARGE - If the contracted Property has already been completed, a trip charge will be assessed.
      - $24.99 Snow Only Clients
      - $19.99 Curb+ Members
    - ADDITIONAL 2" - There is a charge for each extra two inches of Snow that falls after your allotted inches.
      - $24.99 Snow Only Clients
      - $19.99 Curb+ Members
    - SNOW REFUNDABLE DEPOSIT - $129.99 for snow-only members. Refundable (upon request or closing of account) deposits are held for failed payment attempts.
  - Medium
    - ANTI-ICING - Each day before snowfall is forecast, FOOT SOLDIERS spread an anti-ice solution—a complete description of anti-icing is listed under the Snow Clearing paragraph above.
      - $29.99 Snow Only Clients
      - $24.99 Curb+ Members
    - EMERGENCY Services - $299.99: Emergency services apply to properties that the FOOT SOLDIERS did not pretreat. Shoveling confirmations made 12 hours before snowfall is forecasted to begin, throughout, or after a snowfall has ended are considered emergencies.
    - TRIP CHARGE - If the contracted Property has already been completed, a trip charge will be assessed.
      - $29.99 Snow Only Clients
      - $24.99 Curb+ Members
    - ADDITIONAL 2" - There is a charge for each extra two inches of Snow that falls after your allotted inches.
      - $24.99 Snow Only Clients
      - $19.99 Curb+ Members
    - SNOW REFUNDABLE DEPOSIT = $199.99 for snow-only members. Refundable (upon request or closing of account) deposits are held for failed payment attempts.
  - Large
    - ANTI-ICING - Each day before snowfall is forecast, FOOT SOLDIERS spread an anti-ice solution—a complete description of anti-icing is listed under the Snow Clearing paragraph above.
      - $49.99 Snow Only Clients
      - $39.99 Curb+ Members
    - EMERGENCY Services - $399.99: Emergency services apply to properties that the FOOT SOLDIERS did not pretreat. Shoveling confirmations made 12 hours before snowfall is forecasted to begin, throughout, or after a snowfall has ended are considered emergencies.
    - TRIP CHARGE - If the contracted Property has already been completed, a trip charge will be assessed.
      - $49.99 Snow Only Clients
      - $39.99 Curb+ Members
    - ADDITIONAL 2" - There is a charge for each extra two inches of Snow that falls after your allotted inches.
      - $49.99 Snow Only Clients
      - $19.99 Curb+ Members
    - SNOW REFUNDABLE DEPOSIT = $239.99 for snow-only members. Refundable (upon request or closing of account) deposits are held for failed payment attempts.
  - X Large
    - ANTI-ICING - $79.99. Each day before snowfall is forecast, FOOT SOLDIERS spread an anti-ice solution—a complete description of anti-icing is listed under the Snow Clearing paragraph above.
      - $99.99 Snow Only Clients
      - $79.99 Curb+ Members
    - EMERGENCY Services - $249.99: Emergency services apply to properties that the FOOT SOLDIERS did not pretreat. Shoveling confirmations made 12 hours before snowfall is forecasted to begin, throughout, or after a snowfall has ended are considered emergencies.
    - TRIP CHARGE = $39.99 for snow-only members - If the contracted Property has already been completed, a trip charge will be assessed.
      - $99.99 Snow Only Clients
      - $79.99 Curb+ Members
    - ADDITIONAL 2" = $39.99 for snow-only members - There is a charge for each extra two inches of Snow that falls after your allotted inches.
      - $99.99 Snow Only Clients
      - $79.99 Curb+ Members
    - SNOW REFUNDABLE DEPOSIT = $299.99 for snow-only members. Refundable (upon request or closing of account) deposits are held for failed payment attempts.
  - Custom
- Commercial/Mix used Property
  - Small
    - ANTI-ICING - Each day before snowfall is forecast, FOOT SOLDIERS spread an anti-ice solution—
      - $29.99 Snow Only Clients
      - $19.99 Curb+ Members
    - EMERGENCY Services - $249.99: Emergency services apply to properties that the FOOT SOLDIERS did not pretreat. Shoveling confirmations made 12 hours before snowfall is forecasted to begin, throughout, or after a snowfall has ended are considered emergencies.
    - TRIP CHARGE - If the contracted Property has already been completed, a trip charge will be assessed.
      - $29.99 Snow Only Clients
      - $19.99 Curb+ Members
    - ADDITIONAL 2" - There is a charge for each extra two inches of Snow that falls after your allotted inches.
      - $29.99 Snow Only Clients
      - $19.99 Curb+ Members
    - SNOW REFUNDABLE DEPOSIT - $129.99 for snow-only members. Refundable (upon request or closing of account) deposits are held for failed payment attempts.
  - Medium
    - ANTI-ICING - Each day before snowfall is forecast, FOOT SOLDIERS spread an anti-ice solution—a complete description of anti-icing is listed under the Snow Clearing paragraph above.
      - $49.99 Snow Only Clients
      - $24.99 Curb+ Members
    - EMERGENCY Services - $299.99: Emergency services apply to properties that the FOOT SOLDIERS did not pretreat. Shoveling confirmations made 12 hours before snowfall is forecasted to begin, throughout, or after a snowfall has ended are considered emergencies.
    - TRIP CHARGE - If the contracted Property has already been completed, a trip charge will be assessed.
      - $49.99 Snow Only Clients
      - $24.99 Curb+ Members
    - ADDITIONAL 2" - There is a charge for each extra two inches of Snow that falls after your allotted inches.
      - $49.99 Snow Only Clients
      - $19.99 Curb+ Members
    - SNOW REFUNDABLE DEPOSIT = $199.99 for snow-only members. Refundable (upon request or closing of account) deposits are held for failed payment attempts.
  - Large
    - ANTI-ICING - Each day before snowfall is forecast, FOOT SOLDIERS spread an anti-ice solution—a complete description of anti-icing is listed under the Snow Clearing paragraph above.
      - $99.99 Snow Only Clients
      - $79.99 Curb+ Members
    - EMERGENCY Services - $399.99: Emergency services apply to properties that the FOOT SOLDIERS did not pretreat. Shoveling confirmations made 12 hours before snowfall is forecasted to begin, throughout, or after a snowfall has ended are considered emergencies.
    - TRIP CHARGE - If the contracted Property has already been completed, a trip charge will be assessed.
      - $99.99 Snow Only Clients
      - $79.99 Curb+ Members
    - ADDITIONAL 2" - There is a charge for each extra two inches of Snow that falls after your allotted inches.
      - $99.99 Snow Only Clients
      - $79.99 Curb+ Members
    - SNOW REFUNDABLE DEPOSIT = $249.99 for snow-only members. Refundable (upon request or closing of account) deposits are held for failed payment attempts.
  - X Large
    - ANTI-ICING - $149.99. Each day before snowfall is forecast, FOOT SOLDIERS spread an anti-ice solution—a complete description of anti-icing is listed under the Snow Clearing paragraph above.
      - $99.99 Snow Only Clients
      - $79.99 Curb+ Members
    - EMERGENCY Services - $249.99: Emergency services apply to properties that the FOOT SOLDIERS did not pretreat. Shoveling confirmations made 12 hours before snowfall is forecasted to begin, throughout, or after a snowfall has ended are considered emergencies.
    - TRIP CHARGE = $39.99 for snow-only members - If the contracted Property has already been completed, a trip charge will be assessed.
      - $149.99 Snow Only Clients
      - $79.99 Curb+ Members
    - ADDITIONAL 2" = $39.99 for snow-only members - There is a charge for each extra two inches of Snow that falls after your allotted inches.
      - $149.99 Snow Only Clients
      - $79.99 Curb+ Members
    - SNOW REFUNDABLE DEPOSIT = $299.99 for snow-only members. Refundable (upon request or closing of account) deposits are held for failed payment attempts.
  - Custom

Snow Sevice

Schedule 1

TERMS & CONDITIONS

SWEEPING ONLY & CURB SERVICE

CURB+ SERVICE

SCHEDULE 1

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