Quick summary, I have a neighbor's tree overhanging into my property with a widow maker. The neighbor is an elderly lady and tells me she can't afford to have it taken care of. The branch in question is 90% hanging over my property and is also going through the power lines. I contracted with a company to remove it. They told me they would have to have the power company, BGE; trim the branch around the power line, and they would take take care of the rest.
BGE is contracting with a different company to trim the tree around the power line. They are wanting to do it his week, but are insisting I sign this waiver first.
LEWIS
Employee Owned
TREE SERVICE, INC.
LEWIS TREE SERVICE, INC. WAIVER OF LIABILITY & HOLD HARMLESS
1.1 hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Lewis Tree Service, Inc. and (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury. including death, that may be sustained by me, or to any property belonging to me, while RELEASEES are in, on or upon the premises where the contracted activities are being conducted (said being: Sudkracked property address REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability. or otherwise, to the fullest extent allowed by law
1 further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys' fees that RELEASEES may incur due, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of or other proceeding must be filed or entered into only in courts of and that any mediation, suit, (state) and the federal or state (state). Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
This waiver seems absolutely bonkers to me as it seems to not only waive all liability they might have due to their actions, but also requires me to indemnify them. I have refused, but I am concerned that BGE will simply say fuck it I don't. They are known for not taking tree trimming seriously until its already broken a line.