CUSTOM DEICING SOLUTIONS TERMS & CONDITIONS SERVICE AGREEMENT

Thank you for choosing Custom Deicing Solutions, LLC (the “Company”). This service agreement (this “Agreement”) is a confirmation of your order and an outline of the pertinent information about the Company’s services. You are scheduled to receive the services as outlined below. By signing up for the seasonal brine service, you acknowledge that you have reviewed and agree to the Service Terms outlined below. No signature is required to enroll in service. You do not need to sign or return this Agreement; it is for your records.

IMPORTANT SERVICE INFORMATION.

Services: The Company will apply one liquid brine pre-treatment prior to every forecasted snow storm when weather conditions and forecasts indicate that pre-treatment is appropriate. The Company uses professional forecasts and site conditions to determine whether and when treatment is appropriate such as; TruWeather, Weather Underground, and the National Weather Service. Brine solution is applied typically up to 48 hours in advance, to help prevent snow and ice from bonding to your driveway. The Company may include additives within the brine solution to increase effectiveness of the treatment depending on weather conditions. To ensure proper coverage, please move parked vehicles, refuse containers or other obstacle from the driveway; otherwise, the Company will attempt to spray around them.

Weather & Service Limitations: Brine is a preventative treatment intended to help reduce the bonding of snow and ice to treated surfaces. Because weather and surface conditions are outside of the Company’s control, the Company does not guarantee that snow or ice will not accumulate or that a treated surface will remain completely free of ice. The Company shall not be responsible for preventing the formation or accumulation of ice on your driveway (or sidewalk if opted) or for the removal of ice from your property.

1. Term. December 1, 2026 through March 31, 2027. The Company’s services will require you to notify sign up each winter season. The services may be discontinued at any time for a partial refund is determined on a case by case basis.

2. Payment.

A. Annual Lump Sum Payment. In consideration of the Company’s performance of the services described herein, you agree to pay a yearly sum in the amount shown on the invoice, which includes state and local sales tax where applicable, and is due on or before the commencement of services.

B. Only if opted : Per Application Payment. In consideration of the Company’s performance of the services described herein, you agree to pay per application in the amount shown on the invoice, which includes state and local sales tax where applicable, and is due 15 days after invoice is sent.

C. Late Payments. If any payment remains unpaid after service and is more than 30 days after its due date, the past due balance shall accrue interest at the rate of 18% per year, or the maximum percentage allowed under applicable law, whichever is less. Service will stop until full payment is made. A $30 fee will apply to any returned check. There are no additional costs associated with making payments via check or ACH. You shall pay all costs and expenses of collection, including without limitation reasonable attorneys’ fees.

3.Warranty. The services shall be completed in a workmanlike manner consistent with customary industry practices.

4. Release. The Company shall not be liable to you for any damage to your property, personal injuries or other liability arising out of acts outside of the Company’s control including but not limited to, vandalism, flood, fire, wind, hail, rain, snow, freezing, or other natural causes or acts of persons other than the Company’s employees or agents and, you hereby release the Company from all liability for such damage. The Company shall not be held responsible or liable for any accidents resulting in injuries due to slips or falls on your property for any person except employees of the Company, and you hereby release the company from all liability for such injuries. The Company shall also not be liable for damage to sidewalks, streets, curbs, sod and other plant material or surfaces as a result of the application of the liquid brine solution, or for damage done by plowing blades to concrete, asphalt or other surface to be plowed, or to adjoining turf or plant material, and you hereby release the Company from all liability for such damage.

5. Indemnification. You shall indemnify, defend and hold harmless the Company, its members, officers, employees, subcontractors, agents and assigns from and against any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including without limitation reasonable attorney’s fees, arising out of, connected with, or resulting from this Agreement and/or the services, including by not limited to personal injuries resulting from slip and fall accidents, sliding, skidding, and any other accidents or personal injuries that may occur due to winter season hazards, snow and icy conditions.

6. Limitation of Liability. Company’s total liability for ordinary breach-of-contract claims arising from its performance of the services shall not exceed the total amount paid by you for the seasonal service term in which the breach occurred. For such claims, the Company shall not be liable for special, incidental, indirect, or consequential damages, to the extent permitted by applicable law. These limitations do not apply to liability arising from the Company’s gross negligence, reckless conduct, or intentional misconduct, or to any liability or remedy that cannot lawfully be limited or excluded. Notwithstanding any other provision of this Agreement, nothing in this Agreement waives, limits, impairs, or disclaims your right to statutory damages, punitive damages, declaratory relief, or injunctive relief when authorized by federal or Maryland law. Nothing in this Agreement shortens the time allowed by applicable law to bring a claim.

7. Law; Venue. This Agreement shall be governed by the laws of the state of Maryland. Jurisdiction and venue for any legal action arising out of or relating to this Agreement shall reside exclusively in a court of competent jurisdiction in Baltimore County, Maryland.

8. Waiver. The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement. The acceptance of payment by the Company does not waive its right to enforce any provision of this Agreement.

9. Attorney’s Fees. In any litigation, arbitration or court proceedings relating to the enforcement of this Agreement, the Company shall be entitled to recover all expenses, courts costs, filing fees, including appeals, and reasonable attorneys’ fees.

10. Assignment. Neither this Agreement nor your rights hereunder may be assigned without the Company’s prior written consent, which consent may be withheld in the Company’s sole discretion.

11. Severability. If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

12. JURY TRIAL WAIVER. Each party to this agreement waives any right to trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this agreement.

13. Entire Agreement. This Agreement constitutes the entire agreement between the Company and you and superseded any prior understandings or representations of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may only be modified in writing and must be signed by both the Company and you. You have read this Agreement and fully understand its contents.

14. Customer Acceptance. By submitting a seasonal service request, booking services, or making payment for services, you acknowledge that you have had the opportunity to review these Service Terms and agree to be bound by them. No signature is required. A submitted service request or payment constitutes your acceptance of these terms.