Legal Termite Agreement

LEGAL TERMITE AGREEMENT

This Termite Service Agreement ("Agreement") is made as of by and between Service Provider: , Entity Type: , with principal business address: and Property Owner: , Entity Type: , with mailing address: (each a "Party" and collectively the "Parties").

RECITALS

WHEREAS, Owner is the legal owner or authorized representative of the real property located at (the "Property"); and

WHEREAS, Provider is duly qualified and experienced in the inspection, treatment and control of termites and offers warranty and protection programs subject to the conditions set forth herein; and

WHEREAS, Owner desires to engage Provider to perform termite inspection and/or treatment services at the Property and Provider agrees to provide such services under the terms of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below: "Infestation" means the presence of live subterranean termite colonies actively causing wood damage at the Property; "Treatment" means the application of termiticide, baiting, or other control method agreed in writing; "Warranty Period" means the period specified in Section 6 during which Provider will provide retreatment pursuant to the warranty conditions.

2. SCOPE OF SERVICES

Provider shall perform the Services described in one or more Service Orders issued under this Agreement. The initial Services to be performed are: inspection for termite activity, reporting of visible conditions conducive to infestation, and treatment as selected by Owner below. Provider will perform Services in a professional manner consistent with industry standards and applicable laws.

Select services (check all that apply):
Inspection and Written Report
Localized Treatment (spot treatments)
Whole-Structure Termiticide Treatment
Baiting and Monitoring System
Ongoing Monitoring and Annual Inspections

3. TERM; COMMENCEMENT

The term of this Agreement commences on the Effective Date and shall continue for an initial period of months unless earlier terminated in accordance with Section 10. Any renewal shall be in writing and signed by both Parties.

4. FEES AND PAYMENT

Owner shall pay Provider the fees set forth in the applicable Service Order. The total fee for the initial Services is $. A deposit of $ is due prior to commencement. Payment of the balance is due upon completion of the initial Treatment unless otherwise agreed in writing.

Late payments shall accrue interest at the lesser of 1.5% per month or the maximum rate allowed by law. Owner shall be responsible for all collection costs, including reasonable attorneys' fees, for unpaid amounts.

5. OWNER OBLIGATIONS

Owner shall provide Provider reasonable access to the Property during normal business hours and as otherwise necessary to perform Services. Owner shall remove obstacles that prevent inspection or treatment, provide utilities as needed, and disclose any known termite activity or prior treatments in writing to Provider prior to commencement.

6. LIMITED WARRANTY; CONDITIONS; EXCLUSIONS

Subject to the terms and conditions of this Agreement, Provider warrants that if active subterranean termite activity is discovered in the treated areas during the Warranty Period, Provider will, at its option, retreat the affected area(s) at no additional charge or provide replacement of baiting materials. The Warranty Period is from the date of completion of the initial Treatment.

Warranty coverage is conditioned upon: (a) Owner maintaining Provider's recommended monitoring and maintenance schedule; (b) Owner promptly reporting suspected activity to Provider in writing; (c) payment in full of all amounts due under this Agreement; and (d) Provider having access to the areas necessary to perform retreatment. This warranty does not cover damage due to existing unrepaired structural defects, wood-in-contact-with-soil not corrected by Owner, drywood termite species, termite activity resulting from Owner's failure to eliminate moisture or wood-to-ground contact, or termite ingress resulting from subsequent construction, landscaping, or other third-party acts not performed by Provider.

7. RETREATMENT; REPAIRS

If active infestation is verified by Provider during the Warranty Period and the conditions of Section 6 are met, Provider will perform necessary retreatment at no additional cost for treatment labor and materials. Owner is responsible for all structural repairs and any corrective measures required to eliminate conducive conditions unless expressly stated otherwise in a written supplement to this Agreement.

8. LIMITATION OF LIABILITY; INDEMNITY

TO THE EXTENT PERMITTED BY LAW, PROVIDER'S LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE TOTAL AMOUNTS PAID TO PROVIDER UNDER THIS AGREEMENT. IN NO EVENT SHALL PROVIDER BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. OWNER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS PROVIDER FROM ANY CLAIMS ARISING FROM OWNER'S NEGLIGENCE, BREACH OF THIS AGREEMENT, OR FAILURE TO PERFORM OWNER OBLIGATIONS.

9. INSURANCE

Provider shall maintain commercial general liability insurance and workers' compensation insurance as required by law. Provider shall provide proof of insurance upon written request. The existence of insurance does not limit Provider's obligations under this Agreement.

10. DEFAULT; TERMINATION

Either Party may terminate this Agreement for material breach by the other Party if the breaching Party fails to cure within thirty (30) days after receipt of written notice specifying the breach. Upon termination for Owner's breach, Owner remains responsible for fees for Services performed prior to termination and reasonable costs incurred by Provider.

11. NOTICES

All notices required or permitted under this Agreement shall be in writing and shall be delivered by personal delivery, nationally recognized overnight courier, or certified mail, return receipt requested, to the addresses set forth below or to such other address as a Party designates by notice in accordance with this Section.

12. TRANSFERABILITY OF WARRANTY

Any warranty provided under this Agreement may be transferable to a subsequent owner of the Property only if (a) Provider is notified in writing within thirty (30) days of transfer; (b) all fees due under this Agreement have been paid; and (c) any additional transfer fees prescribed by Provider are paid. Transferability is subject to Provider's written confirmation.

13. DISPUTE RESOLUTION

The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement through negotiation. If the Parties cannot resolve the dispute within sixty (60) days, either Party may initiate binding arbitration conducted by a single arbitrator in accordance with the arbitration rules chosen by the Parties. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Alternatively, if arbitration is prohibited by applicable law, the Parties agree jurisdiction and venue shall be in the courts located in .

14. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of law principles. This Agreement, together with any Service Orders, constitutes the entire agreement of the Parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. AMENDMENTS; WAIVER; COUNTERPARTS

No amendment to this Agreement shall be effective unless in writing and signed by both Parties. The failure of either Party to enforce any right under this Agreement shall not be deemed a waiver of such right. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

16. MISCELLANEOUS PROVISIONS

Provider shall comply with all applicable laws and regulations in performing the Services. Nothing in this Agreement shall be construed to create a partnership, joint venture, or employment relationship between the Parties.

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