Termite Treatment Agreement

TERMITE TREATMENT AGREEMENT

This Termite Treatment Agreement ("Agreement") is entered into as of by and between Service Provider Name: a with principal place of business at and Client Name: with address .

RECITALS

WHEREAS, Service Provider is engaged in the business of termite inspection, treatment and prevention and represents that it is duly qualified, licensed and insured to perform the services described in this Agreement; and

WHEREAS, Client desires to engage Service Provider to perform termite treatment and related services at the property located at (the "Property") in accordance with the terms and conditions set forth herein; and

WHEREAS, the parties desire to set forth their respective duties, remedies and responsibilities with respect to the treatment, monitoring and any warranty to be provided.

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

1. SCOPE OF SERVICES

1.1 Services. Service Provider shall perform the termite treatment services described in this Section at the Property (the "Services"). Services shall include initial inspection, implementation of treatment measures selected below, any necessary drilling or application to structural elements, cleanup of treatment areas, and a written report confirming performed work.

1.2 Treatment Methods. Client authorizes Service Provider to use the following methods (check applicable): Chemical soil treatment Baiting system Localized wood treatment/spot repair

1.3 Exclusions. Services expressly exclude repair or replacement of structural elements, cosmetic restoration, remedial carpentry, or treatment of conditions not caused by subterranean termite activity unless agreed in writing and billed separately.

2. INSPECTION, ACCESS AND CLIENT RESPONSIBILITIES

2.1 Inspection. Prior to treatment, Service Provider shall inspect accessible areas of the Property and provide a written inspection report identifying active or conducive conditions known at that time. Inspection findings do not constitute a warranty that all infestations are discovered.

2.2 Access. Client shall provide reasonable access to the Property, including access to crawl spaces, attics, basements and areas requiring treatment. If access is denied or delayed, Service Provider may suspend work and will not be liable for resulting increased costs.

2.3 Client Preparations. Client shall remove personal items and obstructions from treatment areas as reasonably requested. Client shall disclose known wood damage, prior treatments, or conditions that may affect treatment safety or efficacy.

3. TERM; RE-INSPECTION; RE-TREATMENT

3.1 Term. The initial services shall commence on or after and shall be completed in accordance with the schedule set forth in the written work order. Ongoing monitoring or warranty obligations, if any, are specified in Section 6.

3.2 Re-inspection and Re-treatment. If conditions required by any warranty are met and the treatment method chosen includes re-treatment, Service Provider will perform re-inspection and re-treatment in accordance with the terms of the applicable warranty. Re-inspection requests must be made in writing.

4. PAYMENT

4.1 Fees. Client shall pay Service Provider a fee of $ for the initial Services, plus reasonable charges for materials, permits and additional work authorized in writing.

4.2 Payment Terms. Unless otherwise agreed in writing, payment is due within days of invoice. Late payments accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. Client shall pay reasonable costs of collection, including attorneys' fees.

5. WARRANTY; LIMITATIONS; EXCLUSIONS

5.1 Conditional Warranty. If Service Provider elects to provide a warranty, such warranty shall be set forth in writing and shall specify the duration of coverage, whether monitoring and corrective treatments are included, and any conditions precedent to warranty coverage. Warranty coverage is conditioned upon Client's compliance with all inspection and maintenance obligations.

5.2 Exclusions. Warranties do not cover damage resulting from prior or subsequent untreated infestations, improper building maintenance, other wood-destroying organisms (e.g., carpenter ants, wood decay fungi) unless expressly included, damage caused by alterations to treated areas, or conditions concealed or inaccessible at the time of inspection.

6. LIMITATION OF LIABILITY; INDEMNIFICATION

6.1 Limitation of Liability. EXCEPT AS PROVIDED IN A WRITTEN WARRANTY, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF USE OR LOSS OF BUSINESS REPUTATION, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SERVICE PROVIDER'S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY CLIENT TO SERVICE PROVIDER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

6.2 Indemnification. Client shall indemnify, defend and hold harmless Service Provider and its officers, employees and agents from and against claims, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of Client's breach of this Agreement, negligent acts or omissions, or failure to disclose known conditions affecting the Property.

7. INSURANCE; COMPLIANCE

7.1 Insurance. Service Provider shall maintain general liability insurance and workers' compensation as required by applicable law. Upon request, Service Provider will furnish certificates of insurance evidencing such coverage.

7.2 Compliance. Service Provider will perform Services in accordance with applicable federal, state and local laws and regulations governing pesticide application and termite control. Client acknowledges that some soil and structural treatments may require permits or disclosure obligations in local transactions.

8. TERMINATION

Either party may terminate this Agreement upon written notice if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice. Termination shall not relieve Client of obligation to pay for Services performed or materials supplied prior to termination.

9. NOTICES

9.1 Notice Addresses. All notices required or permitted hereunder shall be in writing and delivered by hand, nationally recognized overnight courier, or certified mail, return receipt requested, to the addresses below or to such other address as a party designates by written notice:

10. AMENDMENTS; WAIVER; COUNTERPARTS

10.1 Amendments. This Agreement may be amended only by a written instrument signed by both parties.

10.2 Waiver. No waiver of any provision shall be effective unless in writing and signed by the waiving party. A failure to enforce any provision shall not constitute a waiver of future enforcement.

10.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

11. GOVERNING LAW; SEVERABILITY; ENTIRE AGREEMENT

11.1 Governing Law. 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.

11.2 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

11.3 Entire Agreement. This Agreement, including any written work orders or warranties signed by both parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

12. SPECIAL TERMS AND ADDITIONAL SERVICES

13. AUTHORIZATION

By signing below, Client authorizes Service Provider to enter the Property and to apply the treatment(s) selected above, and acknowledges receipt of any required pre-treatment notices and safety instructions. Client represents that it has authority to authorize treatments at the Property.

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