Bay Area Crane Service, LLC
Novato, CA (415) 640-1144 bayareacrane@gmail.com
Bay Area Crane Service, LLC
  • Home (current)
  • Services
  • About
  • Our Work
  • Contact Us
  • Legal
    Privacy Policy Service Terms & Conditions Website Terms & Conditions Waiver of Liability Form

Waiver of Liability

Dear Valued Customer,

As the demand for larger, heavier cranes in the crane rental industry increases, so too does the risk of potential damage to job site elements, such as asphalt parking lots, underground utilities, driveways, curbs, and gutters. Bay Area Crane Service recognizes the importance of mitigating these risks and ensuring that both customers and site owners are informed of their responsibilities when our services are utilized in sensitive areas.

Bay Area Crane Service's sales team, crane operators, and employees work closely with our customers to help minimize potential damage to access points, staging areas, and work zones on the job site. Bay Area Crane Service offers protective measures, including mats, steel plates, and other solutions, at competitive rates to help reduce the impact of crane operations on the work site. Customers are encouraged to request these measures, but if they decline, they assume full responsibility for any damage that could have been prevented by such measures.

Customer Obligations

To prevent any disputes regarding pre-existing conditions or damage at the job site, the customer shall identify and document the condition of the work site, including any existing damage, prior to the commencement of crane operations. This documentation should include photographs or written records of areas such as parking lots, sidewalks, driveways, underground utilities, landscaping, and any other elements that may be affected by crane operations.

Failure to document pre-existing conditions may result in the customer assuming responsibility for any claims of damage at the site.

Please note that Bay Area Crane Service is not responsible or liable for damage to the following areas during crane operation:

  • Parking lot surfaces, sidewalks, or driveways during crane movement or load transportation.
  • Underground vaults, gutters, utilities, or other subterranean structures during operations.
  • Irrigation systems, lawns, shrubbery, or other landscaping affected by crane movement.

However, this waiver does not absolve Bay Area Crane Service from liability in cases of proven negligence. If damages occur due to failure to adhere to industry standards, including ASME B30.5 or OSHA regulations, or failure to exercise due care, customers retain the right to seek compensation for such damages.

By signing below, the undersigned acknowledges the inherent risks of crane operation and agrees to indemnify and release Bay Area Crane Service, its agents, employees, and subcontractors from any claims, losses, damages, suits, or judgments arising from property damage incurred during the use of any equipment at the job location, except in cases of proven negligence. This waiver applies regardless of whether you choose to use protective measures offered by us to mitigate damage.

This waiver is governed by the laws of California, and any disputes shall be resolved in the courts of Marin County, CA. If any part of this waiver is deemed unenforceable, the remaining provisions shall continue in full force and effect.

For more information on Controlling Entity, click the info icon.

Who is the Controlling Entity?

The Controlling Entity is the employer or legal entity with overall responsibility for a construction project and is tasked with ensuring that the ground conditions are suitable to support the equipment. Moreover, they must inform both the Crane User and the Crane Operator of any hazards located beneath the equipment setup area, such as voids, tanks, or utilities, as documented in materials like site drawings, as-built drawings, or soil analyses in their possession, whether onsite or offsite. A contractor operating a crane on a construction site may not have the ability or authority to provide for adequate ground conditions at the site. The standard, therefore, places the responsibility for ensuring that the ground conditions are adequate on the 'controlling entity' at the site, that is the prime contractor, general contractor, construction manager, or other legal entity with overall responsibility for the project's planning, quality, and completion. If there is no controlling entity for the project, the responsibility for providing adequate ground conditions rests on the employer that has authority at the site to make or arrange for ground preparations.

Controlling Entity is required.
Job Site Address is required.
Start typing a street address and select the correct option.
A signature is required.
Use a stylus, mouse, or finger to sign here. Click or tap on the icon to clear the field
(415) 640-1144
bayareacrane@gmail.com
company logo Bay Area Crane Service, LLC
Marin Builders Exchange

© All Rights Reserved By Bay Area Crane Service, LLC; designed by Graycube, LLC.