Amendment ID: S2888-15

Amendment 15

Snow Removal service liability limitation

Mr. Tarr moves that the proposed new text be amended by inserting after section _ the following:-

"SECTION_. Chapter 149 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after Section 29C, the following new section:-

Section 29C1/2. (a) As used in this section, the following terms shall have the following meanings:-

"Service provider”, a person providing services under a snow removal and ice control services contract.

"Service receiver", a person receiving services under a snow removal and ice control services contract.

"Snow removal and ice control services contract", a contract or agreement for the performance of any of the following: (1) plowing, shoveling, or other removal of snow or other mixed precipitation from a surface; (2) de-icing services; or (3) a service incidental to an activity described in item (1) or (2), including operating or otherwise moving snow removal or de-icing equipment or materials.

(b) A provision, clause, covenant, or agreement that is part of or in connection with a snow removal and ice control services contract is against public policy and void if it does any of the following: (1) requires, or has the effect of requiring, a service provider to indemnify a service receiver for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees; (2) requires, or has the effect of requiring, a service receiver to indemnify a service provider for damages resulting from the acts or omissions of the service provider or the service provider's agents or employees; (3) requires, or has the effect of requiring, a service provider to hold a service receiver harmless from any tort liability for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees; (4) Requires, or has the effect of requiring, a service receiver to hold a service provider harmless from any tort liability for damages resulting from the acts or omissions of the service provider or the service provider's agents or employees."