GPR Services - Terms and Conditions

Please read carefully and check every box. Your electronic signature at the bottom confirms you accept all terms.

Description of Services

I understand that SportMap, LLC will be performing Ground Penetrating Radar (GPR) scanning and/or related private utility locating Services at the location I have specified.

I understand that, depending on the Work Order, SportMap, LLC may also perform post processing of GPR scans and associated positioning data for the purposes of subsurface map generation. 

SportMap, LLC services DO NOT include any investigations, analysis or interpretations for the purposes of engineering, land survey/property boundary determination or geophysical/geological exploration. 

The estimated time for completion of Services will be specified in the associated Work Order for those particular services. If the initial scope of work changes, a new Work Order will be issued.

Limitations of GPR Technology

I understand and accept that Ground Penetrating Radar (GPR) is NOT an exact science and has known limitations. GPR cannot detect every underground object, utility, anomaly or condition. Factors such as soil conditions, soil moisture, depth, material type, interference, and congestion can prevent detection.

I acknowledge that a “clear” scan does NOT guarantee the absence of underground utilities, pipes, conduits, voids, tanks, other objects or adverse conditions.

Limitation of Liability and Waiver of Certain Damages

Standard of Care 

Services will be performed in a manner consistent with the level of care and skill ordinarily exercised by similar professionals under similar circumstances at the same time and in the same locality. SportMap, LLC conducts monthly training on internally developed policies, procedures, and safety practices. NO OTHER WARRANTY OR STANDARD OF CARE SHALL APPLY. SportMap, LLC makes no other warranties, express or implied.

Total Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPORTMAP, LLC’S TOTAL AGGREGATE LIABILITY TO CLIENT AND ANY THIRD PARTY, FOR ANY AND ALL CLAIMS, LOSSES, COSTS, OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE SERVICES — FROM ANY CAUSE OR CAUSES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, PROFESSIONAL ERRORS OR OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY — SHALL NOT EXCEED THE TOTAL COMPENSATION ACTUALLY RECEIVED BY SPORTMAP, LLC UNDER THIS AGREEMENT.

Waiver of Consequential and Other Damages 

IN NO EVENT SHALL SPORTMAP, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, USE, DATA, BUSINESS OPPORTUNITIES, OR COST OF SUBSTITUTE SERVICES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Liability for Subsurface or Concealed Conditions 

Because subsurface and concealed physical conditions may materially differ from those indicated in the data supplied or observed, Client acknowledges that SportMap, LLC shall not be liable for any claims, damages, or costs arising from or related to undisclosed, unknown, or differing site conditions.

Client’s Sole Remedy 

Client’s sole and exclusive remedy for any alleged breach or professional negligence shall be, at SportMap, LLC’s option, either (a) re-performance of the affected services at no additional cost, or (b) refund of the portion of fees paid attributable to the affected services.  Client must notify SportMap, LLC of any claims no later than seventy-two (72) hours after the discovery of the existence of such claim, but in any event no later than fifteen (15) days after the Services are performed, or Client waives the right to file any claim.

Client Responsibilities

Client is solely responsible for adhering to all applicable dig notice and One Call laws and regulations.  SportMap, LLC services may augment, but do not replace 811 call center mandates or utility owner location services. 

Client is responsible for providing at least one (1) point of contact, preferably two (2) points of contact, prior to SportMap, LLC mobilizing to a job location. 

Client is responsible for ensuring all animals and livestock are secured for a period including fifteen (15) minutes before, during, and fifteen (15) minutes after all services at the jobsite are performed.  Client is responsible for ensuring the jobsite is clear and ready for work with no conflicts with other person(s) or work activities. 

Governing Law and Dispute Resolution

This agreement shall be governed by the laws of Mississippi. Any dispute shall first be submitted to mediation; if mediation fails, it shall be resolved by binding arbitration in Jackson County, Mississippi.

Acceptance and Electronic Signature