Waiver and Assumption of Risk For Delivery, Use and Pickup of a Roll-off Container
I hereby unconditionally release, waive and discharge my right, whether by contract or under operation of law to file cause of action(s) or claim(s) which I may have against WFT RUBBISH DISPOSAL / MALCOM MCGRAW, (CONTRACTOR) now or in the future as related to the delivery, use, and pick up of a roll-off container which I have ordered, caused to be ordered from CONTRACTOR. In addition, I will hold CONTRACTOR harmless for any damage to my property, jobsite or person resulting in the delivery, use or pickup of a roll-off container.
I hereby assume any and all risk of loss, liability, damage or costs, including bodily injury or property damage that may incur arising out of or in connection to my acts and/or omissions in connection with the delivery, use, or pickup of a roll-off container by DM&J Waste, its employees and/or vehicles.
I understand that there is a risk of property damage by allowing CONTRACTOR to delivery, move, or pickup a roll-off container on my property or jobsite. I hereby agree to
Provide CONTRACTOR with the location I would like a roll-off container placed on my property or jobsite and take full responsibility for understanding, investigating and knowing whether the surface and subsurface ground conditions are suitable for CONTRACTOR to place a roll-off container in the area which I am requesting the container be placed. This includes the actual area where the roll-off container will be placed as well as the area leading up to its placement. I will not hold CONTRACTOR responsible for any damage to lawns, driveways, side-walks, curbs, underground plumbing, wells, septic systems or utilities. I take full responsibility to make CONTRACTOR aware of any underground utilities which might be affected by CONTRACTOR delivery of a roll-off container to my property or jobsite.
Take responsible for any damage to CONTRACTOR roll-off container(s) while on my property or jobsite. If a container must be moved from the area the container was placed, I will not attempt to move it. I will call CONTRACTOR to move the container.
Observe maximum fill level which is level with the top of container. I will not overload the roll- off container. I will not load debris higher than top or leave debris hanging out farther than the sides of the container. I understand this is a major safety hazard as debris may damage the container, CONTRACTOR vehicle, my own property or fly out during transport. For heavy material such a concrete, I will not fill the containers more than 3⁄4 fill. I understand additional charges may apply if containers are overloaded as a second container may be need to transfer waste into. I also understand CONTRACTOR may not be able to transport the overloaded container and may have to return to pick up my container after I have removed debris from the overfilled container. In this case, I understand CONTRACTOR would have to charge me an additional fee for returning a second time to pick up the container.
Keep children from playing around, on or in the roll-off containers while on my property or jobsite.
Familiarize myself with CONTRACTOR list of acceptable/nonacceptable materials for disposal. (The list of acceptable/nonacceptable materials can be found on Contractors website.
I will not put nonacceptable or unidentifiable materials into CONTRACTOR roll-off containers. In addition to the nonacceptable materials, I agree not to place any hazardous waste, special waste as defined by the DEP, liquid waste, sealed drums, explosives or flammable liquids into CONTRACTOR roll-off container.
By ordering (by phone, email or other means) and / or placing a deposit on this service, I fully understand the terms set forth in this waiver, and I hereby waive my right to hold CONTRACTOR responsible for any damage to my property, jobsite or person in connection with the delivery, use or pickup of a roll-off container. I hereby waive my right freely and voluntarily without any inducement, assurance, or guarantee being made to me to the fullest extent allowed by law.