Terms

Terms of Service

Terms of Service

“ANY PARTICIPATION IN THIS SERVICE WILL CONSTITUTE ACCEPTANCE OF THE AGREEMENT”

By accessing and using this service, you accept and agree to be bound by the Terms and provisions of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation will constitute acceptance of this agreement.

If you do not agree to abide by the ABOVE please do not use our services.

Mountainview Fireplace Services

The “Service Provider”, “Company” or “Mountainview Fireplace Services” assumes no responsibility under this Agreement other than to perform the Services in good faith, and the Service Provider will not be responsible for any action of the customer in following or declining to follow any advice or recommendation of the Service Provider. The parties hereto recognize and agree that the effectiveness of the Services and the success of any actions undertaken by the customer in response thereto are not guaranteed or warranted by the Service Provider in any respect whatsoever.

Services

As defined as providing “The Service” or “Service”, Mountainview Fireplace Services will provide cleaning of your gas fireplace by the following:

- Removing the glass, logs, embers, lava rock and other firebox contents.
- The firebox will be painted if necessary.
- Once painted and dried, the contents will then be replaced properly within unit for efficiency.
- Bottom and top of unit will be cleaned thoroughly.
- Glass will be removed, cleaned, and put back on the unit
- Unit will then be started and shown to customer if unit permits

Terms of Payment

Forms of acceptable payment due to Mountainview Fireplace Services include:

*cash
*e-transfer

Payment due in full upon completion.

Once payment is completed for the customer job, it is no longer eligible for charge adjustments.

Mountainview fireplaces employee will perform the services of this agreement set out above in “Services”.

Liability

By agreeing to “The Service” you agree to the following”

Mountainview Fireplace Services is not responsible for:
- Any damage or issue arising from our service
- Lost time or monetary damages

Outlined in the following:
- I shall defend, indemnify and hold harmless the “Service Provider” and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, in connection with any third-party claim, suit, action or proceeding arising out of or resulting from the Services.
- I hereby expressly waive and release any and all claims which I have or may in the future have against the Company, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors and assigns (collectively, “Releasees”), on account of injury, death or property damage arising out of or attributable to my participation in the Activities, due to any cause whatsoever, including without limitation the negligence of the Company or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
- I shall defend, indemnify and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, in connection with any third-party claim, suit, action or proceeding arising out of or resulting from the Activities.
- This Agreement constitutes the entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall ensure to the benefit of me and my heirs and next-of-kin, and the Company and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province in which the Activities are hosted (the “Applicable Province”) and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Applicable Province, and I hereby consent to the exclusive jurisdiction of such courts.

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