Legal Questions

[mmarmino]

Hey guys I was wondering when doing cutouts, how do you cover yourself legally? Meaning do you have the homeowner sign some type of waiver for services? I want to start doing cutouts as a way to further my hobby and also to make a little money on the side.

thanks

[AllenF]

You should cover yourself in the contract.

[David McLeod]

You need to consult a local attorney that is familiar with contract law in your state. I could advise you but I ain't a lawyer and I'm only familiar with Georgia law. Just some pointers, YOU need liability insurance and everything needs to be in writing and signed by both parties. Also in almost all jurisdictions chemical use is regulated so don't even think about spraying unless you are a pco.

[JP]

Most people don't care if you have insurance or who you are, they just want the bees removed. With that said its not a bad idea to have it, at least a hold harmless indemnification clause at the bare minimum if you want to use paper work.

In many states spraying anything other than water is considered a chemical and falls under regulation of structural pest control.


...JP

[Bee Brothers Apiary]

Second JP's response. Until you break a window or put a hole in their sheetrock, or worse, your ladder falls in the wind and hits a car. Good idea to have basic liability. Not worth the money for a few removals, you'll net $2 in the end. So far the pesticide police is non-existent. No product is labeled to be sprayed on honey bees, obvisadly, noone is watching. contracts are just inked paper, it would need to be ten pages of fine print, sign in triplicate, notorized in four places and you would still be defending yourself in court.

[sawdstmakr]

The first time I was planning to remove bees from a brick pillar in front of a house, I called the lawyer that has done all of the house closings for my daughter and I. He gave me 2 sentenses to write down (he had called me back on my cell phone and I stopped on the side of the road to write them down) and then I typed it up and had the owner sign it. It was short and sweet and to the point and he said that is all that was needed.
Call a local lawyer and see what he says, especially someone that you have worked with.
Good luck with the removal.
Jim

[AllenF]

And what were those 2 magic sentences?

[mmarmino]

i second that.. what are the two sentences?
yeah i was thinking about the liability insurance, who do you typically go through to get that type of insurance? and also are there any type of permits that you guys know of that have to be obtained before doing a removal?

[Dave360]

Texas requires permit $35.00 to remove bees from property other than your own and an intrastate permit to move over county lines  don't know about your state

Dave

[sawdstmakr]

And what were those 2 magic sentences?

Here is what we used:
Names with held to protect the innocent. 

Bee Removal Document
YOUR NAME/S have agreed to remove bees from a brick pillar for CUSTOMER NAME AND ADDRESS as consideration for their removal, under signature agrees to indemnify and hold YOUR NAME/S harmless with regards to damage to person or property resulting there from.
_______________________     Date ____________
Customer Name