Bigfoot Locating LLC — Terms of Service & Conditions of Locate Request

1. Privacy & Data Policy. Bigfoot Locating LLC does not sell, lease, share, or otherwise distribute your personal information or data to any third party. Information collected through this form is used solely for the purpose of scheduling, performing, and communicating about the requested locate services.

2. Agreement Upon Submission. By submitting this Locate Request, you (“Client”) acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and Conditions in their entirety. Submission of this form constitutes a binding agreement between the Client and Bigfoot Locating LLC.

3. No Guarantee of Service or Scheduling. A locate request does not constitute a reservation, appointment confirmation, or guarantee that Bigfoot Locating LLC will be able to perform the requested locate within any specific time frame, or at all. Service availability is subject to equipment availability, weather conditions, crew scheduling, access restrictions, site conditions, and other circumstances beyond our control. Bigfoot Locating LLC will make reasonable efforts to accommodate requests but assumes no liability for delays, cancellations, or inability to perform services.

4. Right to Refuse Service. Bigfoot Locating LLC is a small, locally owned private company and expressly reserves the right to refuse, decline, postpone, or discontinue any work or service request at any time and for any reason or no stated reason, including but not limited to unsafe site conditions, inaccessible property, scope outside our current capabilities, or at the sole business discretion of Bigfoot Locating LLC.

5. Nature and Limitations of Utility Locating. Utility locating is a skilled trade performed using electromagnetic detection, ground-penetrating radar, and other specialized equipment. It is not, however, an exact science. The Client acknowledges that, despite the exercise of professional skill and due diligence, Bigfoot Locating LLC cannot guarantee that every buried line, conduit, pipe, cable, or utility has been identified, marked, or located. Unmarked, improperly recorded, or non-conductive utilities, as well as certain environmental or subsurface conditions, may prevent detection. Bigfoot Locating LLC will make every reasonable effort to locate all buried infrastructure at each job site.

6. Excavator’s Ultimate Responsibility. Notwithstanding any locate service performed by Bigfoot Locating LLC, the Client and/or the party performing excavation, trenching, boring, digging, grading, or any other ground-disturbing activity bears sole and final responsibility for ensuring that all buried utilities and subsurface structures are accounted for prior to and during excavation. This responsibility is not transferred, reduced, or eliminated by the receipt of locate services from Bigfoot Locating LLC.

7. Unknown or Undisclosed Utilities. If Bigfoot Locating LLC is not informed of the existence of specific utilities, systems, or buried infrastructure within or near the requested locate area, there exists a possibility that — even with the exercise of maximum due diligence — such utilities may not be detected or marked. It is the Client’s responsibility to disclose all known or suspected utilities to Bigfoot Locating LLC prior to the commencement of services. Bigfoot Locating LLC shall not be held liable for damage to utilities or infrastructure that were not disclosed and/or that showed no detectable signal, surface evidence, or locatable characteristic at the time of service.

8. Limitation of Liability. To the fullest extent permitted by applicable law, Bigfoot Locating LLC’s total liability to the Client for any claims arising out of or related to services performed under this Agreement — including but not limited to claims of negligence, breach of contract, or strict liability — shall not exceed the total fee paid by the Client for the specific locate service giving rise to the claim. In no event shall Bigfoot Locating LLC be liable for any indirect, incidental, consequential, punitive, or special damages of any kind, including lost profits, property damage to third parties, or personal injury, except where caused by the sole gross negligence or willful misconduct of Bigfoot Locating LLC.

9. Client’s Obligation to Call 811. The Client acknowledges and agrees that Bigfoot Locating LLC provides private utility locating services only, and that this service is separate from and does not replace the legally required public one-call notification system (811 / Gopher State One Call in Minnesota, or the applicable state one-call center). The Client agrees to contact 811 and obtain all required public utility locates prior to commencing any excavation, in accordance with applicable state law. Bigfoot Locating LLC is not responsible for public utility damages where 811 was not contacted.

10. Indemnification. The Client agrees to indemnify, defend, and hold harmless Bigfoot Locating LLC and its members, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, suits, judgments, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) the Client’s use of or reliance upon the locate services; (b) any action or inaction of the Client, whether or not in reliance on the services provided; (c) the Client’s failure to disclose known utilities; or (d) the Client’s failure to contact 811 prior to excavation.

11. Marks Are Approximate. All utility markings, paint lines, flags, or other indicators placed by Bigfoot Locating LLC are approximate center-line indications and are subject to a reasonable tolerance zone consistent with industry standards (typically ±18 inches for utilities at depths up to 36 inches, with greater tolerance at greater depths). The Client acknowledges this tolerance and agrees to use hand-digging or soft excavation methods within the marked tolerance zone.

12. Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, the remaining provisions shall continue in full force and effect. The parties intend that each limitation, disclaimer, and exclusion herein be treated as severable and independently enforceable.

13. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to conflict of law principles. Any disputes arising hereunder shall be subject to the exclusive jurisdiction of the state or federal courts located in Minnesota.