TERMS OF THIS AGREEMENT
1.⁠ ⁠Responsibility for Property Damage
Thirlwell Property Services Inc. shall be responsible for restoring, at its expense, any physical damage to the premises directly caused by its performance of the work, provided that such damage was reasonably foreseeable.

Where damage is not caused solely by Thirlwell Property Services Inc.’s negligence but involves the negligence of third parties or the property owner, the property owner expressly waives any right to claim or seek indemnity from Thirlwell Property Services Inc. The property owner agrees to indemnify and hold harmless Thirlwell Property Services Inc., its agents, and employees from any claims, losses, costs, or damages, including legal fees, arising from such damage, even if Thirlwell contributed to the negligence.

2.⁠ ⁠Exclusions – Plant Material, Stonework, and Weather-Related Risks
The property owner agrees that Thirlwell Property Services Inc. shall not be liable for any damage to plant material, stonework, or hardscaping resulting from salt application, weather conditions, or necessary de-icing measures. The property owner assumes full responsibility for these risks.

3.⁠ ⁠Bodily Injury and Liability
For any bodily injury, illness, disease (including death) sustained by any person related to the performance of this agreement, the property owner agrees to indemnify, defend, and hold harmless Thirlwell Property Services Inc., its agents, employees, and subcontractors from all claims, damages, and expenses, including legal fees, regardless of whether the injury resulted from the negligence of Thirlwell.

The property owner shall maintain appropriate liability insurance throughout the term of the agreement to cover these risks.

4.⁠ ⁠Control and Maintenance of Premises
The property owner acknowledges full responsibility for the condition and maintenance of the premises during the term of this agreement. Thirlwell Property Services Inc. shall not be held liable for any unsafe conditions unless directly caused by its negligence.

5.⁠ ⁠Authority and Personal Liability
If this agreement is signed on behalf of a corporation, partnership, or sole proprietorship, the signatory certifies that they have the authority to legally bind the entity. The signatory also agrees to be personally liable for any outstanding payments, damages, or costs arising from a breach of this agreement.

The property owner shall be provided with notice of any unpaid amounts or breaches within 30 days. Payment or resolution must occur within 15 days of receiving such notice.

6.⁠ ⁠Dispute Resolution and Governing Law
Any disputes arising from or relating to this agreement shall be resolved through mediation. If mediation fails, the dispute shall be resolved through binding arbitration in Ontario, in accordance with the Arbitration Act, 1991 (Ontario). The prevailing party shall be entitled to recover reasonable legal fees and costs.

This agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario. The parties agree that any legal action shall be brought exclusively in the courts located in Ontario.

7.⁠ ⁠Severability Clause
If any provision of this agreement is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.