1. Description of Work Performed
The Contractor has performed excavation services at the above property, resulting in an open excavation/hole of substantial depth (the “Excavation”) related to plumbing work requested by the Customer.
2. Customer Request to Leave Excavation Open
The Customer has explicitly requested that the Excavation be left open and not backfilled, covered, barricaded, or otherwise altered by the Contractor at this time. The customer agrees to make full payment for the job today.
The Customer understands that an open excavation presents serious safety hazards, including but not limited to:
- Risk of bodily injury or death
- Risk to children, pets, guests, workers, or trespassers
- Risk of property damage
- Risk of collapse, erosion, or flooding
3. Assumption of Liability
By signing this Agreement, the Customer assumes full responsibility and liability for the Excavation from the moment the Contractor leaves the job site.
The Customer agrees that The Bearded Plumber shall have no responsibility or liability whatsoever for:
- Injuries to any person or animal
- Property damage
- Accidents, collapses, or environmental conditions
- Code violations, fencing, barricades, or warnings
- Any future conditions related to the Excavation
4. Release and Indemnification
The Customer hereby releases, indemnifies, and holds harmless The Bearded Plumber, its owners, employees, subcontractors, and agents from any and all claims, demands, damages, losses, lawsuits, or expenses (including attorney’s fees) arising out of or related to:
- The existence of the Excavation
- The Customer’s decision to leave the Excavation open
- Any injury, damage, or loss occurring after the Contractor departs the site
5. Backfill
The Bearded plumber agrees to backfill as much of the original dirt as possible at a later date that will not exceed 1 month from the date of signing.
6. No Further Responsibility
Once this Agreement is signed, the Contractor’s work is considered complete for this phase, and no further responsibility is assumed unless a new written agreement is executed.
7. Governing Law
This Agreement shall be governed by and interpreted under the laws of the State of Texas.
8. Acknowledgment of Understanding
The Customer acknowledges that:
- They have read and fully understand this Agreement
- They have had the opportunity to ask questions or seek legal advice
- They are signing voluntarily and without coercion
SIGNATURES
