Pest Control Army Worm Management Program

Pest Control Army Worm Management Program

This General Business Agreement (the Agreement) is entered into as of between (Provider) and (Client).

WHEREAS

WHEREAS, Provider is a licensed pest management contractor specializing in integrated management of army worm infestations and related turf and crop pests, and maintains certifications and insurance required to perform such services;

WHEREAS, Client desires to engage Provider to implement an Army Worm Management Program at the property described below under the terms and conditions set forth herein; and

WHEREAS, Provider agrees to perform the services specified in this Agreement in accordance with applicable law, label directions for pesticides, and industry standard integrated pest management practices.

SERVICE LOCATION & CONTACTS

SCOPE OF WORK

Provider shall supply labor, equipment, materials, monitoring, and reporting necessary to implement the Army Worm Management Program (Program) at the Service Address. Work to be performed includes, but is not limited to, inspection, perimeter and targeted treatments, larval and adult monitoring, threshold-based interventions, habitat modification recommendations, and follow-up assessments.

SERVICE FREQUENCY & MATERIALS

Select intended Program frequency. Provider may adjust frequency upon mutual written agreement if monitoring indicates modified treatment intervals are required.

PAYMENT TERMS

Client shall pay Provider for the Program as follows. All fees are due in accordance with the schedule below. Client remains responsible for payment of the full contract amount notwithstanding minor variations in scope that do not materially increase labor or material costs.

TERM AND TERMINATION

The term of this Agreement shall commence on and continue until unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for convenience upon written notice to the other party at least days prior to the intended termination date. Provider may terminate immediately for cause if Client materially breaches payment or access obligations and fails to cure within ten (10) days following written notice.

CONFIDENTIALITY

Each party shall maintain the confidentiality of non-public business information disclosed by the other party in connection with this Agreement and shall not disclose such information to third parties except as necessary to perform obligations under this Agreement or as required by law. Confidential information excludes information that is publicly known or independently developed without use of the other party’s confidential information.

LIMITATION OF LIABILITY & INDEMNIFICATION

Provider warrants that services will be performed in a competent and workmanlike manner consistent with industry standards. EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PROVIDER’S LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE TOTAL AMOUNTS PAID BY CLIENT TO PROVIDER UNDER THIS AGREEMENT. CLIENT SHALL INDEMNIFY AND HOLD HARMLESS PROVIDER FROM ALL CLAIMS, LIABILITIES, COSTS AND EXPENSES ARISING FROM CLIENT’S FAILURE TO COMPLY WITH ACCESS, SAFETY, OR NOTIFICATION REQUIREMENTS.

ACCESS, SAFETY AND COMPLIANCE

Client shall grant Provider reasonable access to the Service Address, disclose any conditions that may affect treatment, remove obstacles as requested, and follow Provider’s reasonable safety instructions. Provider will apply pesticides only in accordance with label directions and applicable law. Client is responsible for notifying tenants, employees, or the public as required by law or by Provider’s safety protocols prior to treatment.

INSPECTION, REPORTING AND GUARANTEE

Provider will document monitoring findings and treatments performed and provide Client with inspection reports upon request or at agreed intervals. Any warranty or guarantee of effectiveness is limited to the express terms set forth in writing by Provider and shall not apply where environmental or operational conditions favor reinfestation.

CANCELLATION AND RESCHEDULING

Client must provide at least days notice to cancel or reschedule routine treatments. Provider reserves the right to assess a cancellation fee if notice is not provided in accordance with the agreed schedule.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to its conflicts of law principles. Any dispute arising under this Agreement shall be resolved in the state or federal courts located within that state unless the parties agree in writing to an alternative dispute resolution process.

ENTIRE AGREEMENT

This Agreement, together with any written attachments or addenda signed by both parties, constitutes the entire agreement between Provider and Client concerning the subject matter hereof and supersedes all prior proposals, negotiations, and agreements, whether written or oral. Any modification must be in writing and signed by both parties.

ADDITIONAL PROVISIONS

Notices required hereunder shall be delivered to the contact information provided above. If any provision of this Agreement is held invalid or unenforceable, the remainder shall remain in full force and effect.

By signing below, the parties acknowledge they have read, understand, and agree to be bound by the terms of this Agreement.

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