(a) As used in this section:
(1) “Service provider” means a person providing services under a snow removal and ice control services contract;
(2) “Service receiver” means a person receiving services under a snow removal and ice control services contract;
(3) “Snow removal and ice control services contract” means a contract or agreement for the performance of: (A) Plowing, shoveling or removal of snow or ice, (B) de-icing services, or (C) a service incidental to subparagraph (A) or (B) of this subdivision, including, but not limited to, operating or moving snow removal or de-icing equipment or materials.
(b) A provision, clause, covenant or agreement that is part of or in connection with a snow removal and ice control services contract and that: (1) Requires or has the effect of requiring a service provider to indemnify a service receiver for acts that the service provider is not required to perform, or is instructed by the service receiver not to perform, under a snow removal and ice control services contract, or (2) requires, or has the effect of requiring, a service provider to hold a service receiver harmless from any tort liability for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees is against public policy and void if it prohibits the service provider, by express contract terms or in writing, from mitigating a specific snow, ice or other mixed-precipitation event or risk.
(c) The provisions of this section shall not apply to snow removal and ice control services contracts to be performed on municipal or state-owned roadways or property.
(P.A. 19-161, S. 38.)
History: P.A. 19-161 effective July 1, 2019, and applicable to contracts entered into on and after July 1, 2019.