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PRIVATE UTILITY LOCATING SERVICE AGREEMENT & LIABILITY WAIVER

1. Scope of Service

GroundPoint provides private utility locating services using commercially accepted equipment and accepted locating practices.

I understand that underground utility locating is not an exact science. Utilities may not be detectable due to factors including, but not limited to:

  • Lack of tracer wire

  • Non-metallic construction

  • Utility depth

  • Signal interference

  • Abandoned or damaged utilities

  • Site conditions

  • Other circumstances beyond the Company's control

The Company makes a reasonable best effort to locate detectable private underground utilities but does not guarantee that every utility on the property will be located or marked.

2. Utility Markings

I understand and agree that:

  • All utility markings are estimates of the utility's approximate horizontal location.

  • Actual utility locations may vary from the painted lines.

  • Utility depth is generally not determined or guaranteed unless specifically stated in writing.

  • Underground utilities may curve, change direction, split, or vary in depth.

3. Customer Responsibilities

I acknowledge and agree that I am solely responsible for excavating safely.

Before using powered excavation equipment near any marked utility, I agree to:

  • Hand dig or pothole where appropriate.

  • Verify utility locations before excavation.

  • Exercise reasonable care throughout the excavation process.

Receiving utility markings does not eliminate my responsibility to excavate safely.

4. 811 / Public Utility Notice

I understand that this service locates private underground utilities only.

The Company does not replace any legally required notification to 811 or any state utility notification system.

It is my responsibility to contact 811 when required before beginning excavation.

5. Limitation of Liability

I acknowledge that underground utility locating involves inherent uncertainty.

To the fullest extent permitted by Florida law, I agree that:

  • The Company's markings are estimates only.

  • The Company does not warrant or guarantee the exact location of underground utilities.

  • I assume all risks associated with excavation performed after the locate has been completed.

Except where prohibited by law, I agree that the Company, its owners, employees, contractors, and representatives shall not be liable for damages arising from excavation based solely upon the Company's utility locating services or markings, including utilities that were not detectable, inaccurately marked, or not capable of being located using commercially accepted methods.

Nothing in this Agreement waives liability that cannot legally be waived under applicable law.

6. Release and Hold Harmless

To the fullest extent permitted by law, I release and agree to hold harmless the Company, its owners, employees, contractors, and representatives from any claims, losses, property damage, expenses, or liabilities arising from my excavation activities, except to the extent caused by conduct for which liability cannot legally be waived.

7. Documentation

The Company may photograph the property, utility markings, work area, and completed locate for documentation, quality assurance, and recordkeeping purposes.

8. Payment

Payment is due according to the agreed pricing regardless of whether every underground utility can be successfully located.

9. Governing Law

This Agreement shall be governed by the laws of the State of Florida.

10. Electronic Signature

By checking the required boxes below and electronically signing this Agreement, I acknowledge that my electronic signature has the same legal effect as a handwritten signature.

I certify that I am the property owner or have authorization from the property owner to request this service.

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After checking the boxes and signing, please allow up to 10 seconds for the "NEXT" button to appear

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