Liability Policy
Liability Policy — Cumberland LandStorm (CumberlandLandStorm.com)
Effective date: 4/27/2026
1. Scope
This Liability Policy governs liability, risk allocation, and responsibilities for all land clearing, grading, tree removal, brush cutting, debris hauling, and related services (collectively, “Services”) provided by Cumberland LandStorm (“Company”) to the client (“Client”).
2. Acceptance of Risk
By engaging Company’s Services, Client acknowledges that land clearing is hazardous and accepts the inherent risks, including but not limited to property damage, bodily injury, flying debris, fire, soil erosion, and disruption of utilities or underground structures.
3. Client Responsibilities
- Site Access & Conditions: Client must provide safe, unobstructed access, and disclose known site conditions (utilities, wells, septic systems, easements, environmental constraints).
- Permits & Approvals: Client is responsible for obtaining all required permits, approvals, and clearances prior to work unless otherwise agreed in writing.
- Marking Utilities: Client must mark or arrange marking of known utilities and notify utility providers as required by law. Company will not be liable for damage to unmarked, unknown, or improperly marked utilities.
- Hazard Disclosure: Client must notify Company of known hazardous materials, protected species, archaeological sites, or other site-specific hazards.
4. Limitations of Liability
- Direct Damages: Except as stated in section 6 (Insurance), Company’s total aggregate liability for direct damages arising from Services shall not exceed the total amount paid by Client to Company for the specific work giving rise to the claim.
- Excluded Damages: In no event shall Company be liable for indirect, incidental, special, punitive, exemplary, or consequential damages, including loss of profits, loss of use, delay damages, or business interruption, even if Company was advised of the possibility of such damages.
- Pre-Existing Conditions: Company is not responsible for damage resulting from pre-existing conditions, unstable soils, underground obstructions, or undocumented site features.
5. Warranty Disclaimer
Company warrants that Services will be performed in a workmanlike manner consistent with industry standards. Except for this limited warranty, Company disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, and warranties arising by statute or otherwise.
6. Insurance & Remedies
- Company maintains commercial general liability and workers’ compensation insurance in amounts deemed appropriate by Company. Certificates of insurance are available upon request.
- Client must maintain property and liability insurance covering Client’s interests and property.
- Claims should be promptly reported in writing. Client must mitigate damages and provide Company a reasonable opportunity to inspect alleged damage.
7. Indemnification
Client shall defend, indemnify, and hold Company and its affiliates, officers, employees, and agents harmless from and against any third-party claims, liabilities, losses, damages, costs, and expenses (including attorneys’ fees) arising from: (a) Client’s failure to disclose site conditions or obtain permits; (b) Client’s negligence or willful misconduct; or (c) Client-provided plans, materials, or instructions.
8. Damage to Underground Utilities and Improvements
Company will take reasonable care to avoid known utilities and improvements. Company is not responsible for damage to unmarked or unknown utilities, buried lines, irrigation systems, underground tanks, septic systems, wells, or other hidden improvements unless Company was negligent and such systems were properly disclosed and marked by Client.
9. Environmental and Regulatory Compliance
Company will perform Services in compliance with applicable laws and regulations to the extent required by contract. Client is responsible for compliance with environmental restrictions, protected species, wetlands, and local ordinances unless Company expressly agrees in writing to assume such responsibilities.
10. Site Restoration and Erosion Control
Unless otherwise agreed, Company’s obligations end upon completion of clearing and debris removal. Any additional grading, erosion control, reseeding, or restoration work must be specified in the contract.
11. Force Majeure
Company is not liable for delay or failure to perform due to events beyond its reasonable control (e.g., weather, acts of God, labor disputes, supply shortages, governmental actions).
12. Termination and Suspension
Company may suspend or terminate work for safety concerns, nonpayment, or material breach by Client. Client remains responsible for payment for work performed and costs incurred up to suspension or termination.
13. Dispute Resolution
Any dispute arising under or related to this Policy or Services shall be governed by the laws of [Tennesee]. Parties agree to first attempt good-faith negotiation. If unresolved, disputes shall be resolved by binding arbitration in [Clarksville, TN] under the rules of [Arbitration Organization], or by litigation in courts located in [Clarksville, TN], as specified in the contract.
14. Severability
If any provision of this Policy is held invalid or unenforceable, the remaining provisions remain in full force and effect.
15. Acknowledgement and Acceptance
By signing the Company’s service agreement, accepting a quote, or authorizing work to proceed, Client acknowledges having read, understood, and agreed to this Liability Policy.
Contact
Cumberland Land & Storm
Website: CumberlandLandStorm.com
Email: [info@cumberlandlandstorm.com]
Phone: 931-272-9379