waiver of responsibility.

[graywater8]

I recently have been called into a situation were 3 other cleaners have been. The home owner called and explained the problem. but I have head other cleaners have the homeowner sign a waiver in case they get stuck. Does anyone else us them and how does one word it? or does anyone have a draft that i could use? any feed back would be helpful thanks graywater8

[dawzie]

Stuck as in you will need a tow truck or stuck as in you wont get paid ??

[Pete Morici]

I recently have been called into a situation were 3 other cleaners have been. The home owner called and explained the problem. but I have head other cleaners have the homeowner sign a waiver in case they get stuck. Does anyone else us them and how does one word it? or does anyone have a draft that i could use? any feed back would be helpful thanks graywater8


Many companies use Waivers of Responsibility. But, a waiver that protects you in the event that you get drain equipment stuck in a pipe has little or no value, unless it's under a very narrow range of conditions. The facts are—YOU are the expert, YOU should anticipate those possibilities and YOU are responsible.

The Waiver you should use is one that covers "pre-existing damage" on the work site when you arrive, prior to doing any work. For example: cracked toilets, damaged floors, wet hardwood floors, ceilings and walls damaged by overflows, cracked bathtubs, if something is already disassembled when you arrive, and customer disclosures of prior problems - (whch might be relevant in your current scenario).

Perhaps you can add situations like blowing out a rotted trap like under a tub, below a floor or inside of a wall. Those are hidden and unforseeable areas where the materials may be degraded over time, that could be inadvertantly damaged during the normal course of drain cleaning, through no fault of the operator. Eventhough these may in fact "get you stuck", the cause is arguabley beyond the workman's control. But that's a very specific situation. Have fun trying to prove it!

To use a Waiver, you essentially make a list, walk the customer through the work site to show them the damage and they then sign the Waiver. You have now created a documented, ""Meeting of Minds." Now, they can't hold you accountable for that pre-existing damage, but you're not allowed to make it worse unnecessarily either.

There should also be a clause about "unforseen damages", like "degraded piping materials and connectors" and "improper installation".

BTW, tree roots and foreign objects blocking a drain is not "unforseen." They are typical causes of stoppages that any professional encounters daily.

However you cut it, a Waiver is designed to protect a company from unscrupulous claims, not to protect the company from damage caused by poor wormanship, improper tools and techniques or overly aggressive drain technicians trying to open a drain.

You can't just "have at it" and expect that no matter what damage occurs - you're covered. You are not.

It's a good idea to take pictures of pre-existing damage (if you can see it), before starting work, especially if it's a costly repair.

Having said all of that, it sounds like this customer needs a repair or a cleanout - not a drain cleaning. If you are going to cable this line, you'd better locate the problem first - then cable. At least you'll know where to dig and what it would take to get your equipment free before going forward. Just some friendly advice.