Samantha wants a big elm tree out of her backyard so she contracts with 123 Tree co. to cut it down, grind the stump, and haul away the debris. 123 is the cheapest tree service in Dallas, Texas (mostly because it carries no liability insurance an passes that savings on to its own customers). Aware of the possible liability (and 123's lack if insurance coverage), all 123 employees are required to get customers to sign a pre-printed contract for services that states, in part: "By signing this agreement, you assume all responsibility for any injury , damages, or loss caused by the performance of 123 Tree Co. or its agents and agree to indemnify 123 Tree Co. for any such claims". Samantha signed the contract. A 123 Tree Co. employee cut down the elm tree but was negligent in determining where to make the initial cut thereby causing the elm tree to fall, not into the empty backyard, but across the driveway where the tree-cutter had parked his employer-owned truck. 123 Tree Co. demanded that , pursuant to their agreement, Samantha pay for the damage to the company vehicle.

1. Is this a UCC or Common law contract?
2. What kind of provision is at issue here?
3. Does Texas enforce these types of contract clauses?
4. Must Samantha pay for the damages? Why, or why not?