Fumigation Service Agreement

Fumigation Service Agreement

This Fumigation Service Agreement (the "Agreement") is entered into by and between Client Name: , located at Client Address: , and Service Provider: , located at Provider Address: .

RECITALS

WHEREAS, Client desires to retain Provider to perform fumigation and associated pest control services at the premises identified above; and

WHEREAS, Provider represents that it is duly qualified, licensed, and insured to perform fumigation services and will apply pesticides and fumigants in accordance with applicable regulations and industry standards; and

WHEREAS, the parties desire to set forth the terms and conditions governing Provider's performance and Client's payment and obligations.

SCOPE OF WORK

SERVICE SCHEDULE AND ACCESS

Initial Service Date: . Expected Duration (hours): . Client shall provide access to the premises and any utilities reasonably required for Provider's performance.

PAYMENT TERMS

Late Payment Fee: applied to overdue balances after days from invoice date.

TERM AND TERMINATION

Term Commencement Date: . Term End Date: .

Either party may terminate this Agreement for convenience upon written notice delivered at least days prior to the intended termination date. Provider may terminate immediately for Client's material breach that remains uncured for days after written notice.

CONFIDENTIALITY

Each party shall maintain in confidence non-public business and technical information disclosed in connection with this Agreement and shall not disclose such information to third parties except as required by law or as necessary for performance. Confidential information does not include information that is publicly known, rightfully received from a third party without restriction, or independently developed.

SAFETY, COMPLIANCE AND PESTICIDE DISCLOSURE

Provider shall perform services in compliance with applicable statutes, regulations, label directions, and industry best practices. Provider will supply Safety Data Sheets (SDS) for all products used upon request and will maintain required licenses and insurance.

CLIENT RESPONSIBILITIES

INDEMNIFICATION AND LIMITATION OF LIABILITY

Provider agrees to indemnify and hold Client harmless from third party claims arising from Provider's negligent acts or omissions. Client agrees to indemnify and hold Provider harmless from claims arising from Client's failure to comply with preparatory instructions or from hidden hazards at the premises.

Except for liabilities resulting from gross negligence or willful misconduct, Provider's aggregate liability under this Agreement shall not exceed the total fees paid by Client for the specific service that gave rise to the claim.

INSURANCE AND LICENSES

Provider shall maintain commercial general liability and professional liability insurance in amounts customary for the industry and any required workers' compensation coverage. Provider shall provide proof of such insurance upon Client's reasonable request.

SERVICE REPORTS AND ACCEPTANCE

Provider will deliver a written service report upon completion documenting products used, application rates, entry/clearance times, and any observations. Client will notify Provider in writing of any deficiency within days of receipt; failure to notify shall constitute acceptance.

CANCELLATION AND RESCHEDULING

Client may cancel or reschedule services with at least days' notice without penalty. Cancellations with less notice may incur a cancellation fee of or forfeiture of deposit.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the state indicated below. The parties agree to attempt good faith negotiation to resolve disputes. If unresolved, disputes shall be resolved by binding arbitration in the county of the governing law state unless otherwise required by statute.

ENTIRE AGREEMENT

This Agreement, including any written attachments, exhibits, or scope documents signed by the parties, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements, whether written or oral. Amendments must be in writing and signed by authorized representatives of both parties.

MISCELLANEOUS PROVISIONS

Relationship of Parties: Provider is an independent contractor. Nothing in this Agreement creates a partnership, joint venture, or employer-employee relationship.

Severability: If any provision is held unenforceable, the remainder shall remain in full force and effect.

CONTACTS

AUTHORIZATION

By signing below, Client authorizes Provider and its employees or subcontractors to enter the premises identified herein for the purpose of performing fumigation services and to move or cover items as reasonably necessary to perform such services. Client acknowledges receipt of pre-treatment instructions and agrees to comply with preparations set forth herein.

Client further represents that it has disclosed all known conditions that may affect the safe application of fumigants, including but not limited to the presence of occupants, animals, hazardous materials, or sensitive equipment.

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