Fill and Sign the Weed Spraying Agreement Form

Weed Spraying Agreement Agreement made on the _________________ (date) , between ________________________________ (Name of Weed Spraying Service) , a corporation organized and existing under the laws of the state of ________________, with its principal office located at ___________________________________________ _______________________________ (street address, city, state, zip code) , referred to herein as Spraying Service , and _______________________ (Name of Property Owner) , of ____________________________________________________________ _____________ (street address, city, state, zip code) , referred to herein as Owner . For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Spraying Services : Owner hires Spraying Service to perform spraying services within the Owner premises located at the address set forth above (the Premises ) pursuant to the terms of this Agreement. Spraying Service agrees to spray weeds for Owner on Owner’s Premises as provided by this Agreement. 2. Equipment: Spraying Service agrees that it will use the following described equipment to do the spraying under this Agreement: (describe equipment) _________ ______________________________________________________________________ _____________________________________________________________________ . 3. Compensation: Owner agrees to pay Spraying Service as compensation for its services the following sums, with Owner to initial where indicated which payments Owner and Spraying Service have agreed to: [ ] An hourly rate for the use of the equipment of Spraying Service as follows: Equipment Hourly Rate A. _________________________________ ____________________ B. _________________________________ ____________________ C. _________________________________ ____________________ D. _________________________________ ____________________ E. _________________________________ ____________________ [ ] The sum of $__________ for each mile of highway or roadway sprayed by Spraying Service, on both sides of the road next to Premises, as ordered by Owner. [ ] The sum of $__________ for spraying ______ miles of roads and highways, _____ times during 20____, as described in the Spraying Schedule attached as Exhibit A and made a part hereof by reference. [ ] The sum of $________ for spraying ____ acres of the Premises as described in the attached Spraying Schedule. [ ] The actual cost to Spraying Service of the herbicides and pesticides applied under this Agreement. Owner will pay Spraying Service within ____ days after receipt and approval of the invoices of Spraying Service for services rendered under and pursuant to this Agreement. 4. Roads: The roads and highways shall be sprayed at the times set forth in the attached Spraying Schedule with the herbicides and pesticides and in the treatment amounts indicated in the attached Spraying Schedule. 5. Compliance with Laws: Spraying Service shall comply with all federal, state, city, and local laws, rules, and regulations. 6. Licenses: Spraying Service acknowledges and agrees that it possesses all government permits, licenses, and consents (including a “professional application license” and any state permit or certificate required for weed spraying) to perform the services under this Agreement. 7. Reports and Billing: Spraying Service agrees to give Owner a monthly report or billing each month describing all areas sprayed by Spraying Service and describing in detail the application made. Owner agrees to pay any reasonable invoice within ten (10) days of receipt. 8. Independent Contractor: The parties intend that Spraying Service be an independent contractor and not an agent or employee of Owner. Owner is interested only in the results obtained under this Agreement. The manner and means of performing this Agreement shall be under the sole control of Spraying Service. Spraying Service shall adhere to all laws and ethical standards applicable to spraying services and shall perform in a manner consistent with generally accepted procedures for that profession. None of the benefits normally provided to employees, including, but not limited to, health insurance and unemployment insurance, are available from Owner to Spraying Service. 9. Insurance: Spraying Service agrees to obtain and keep in force during its acts under this Agreement a comprehensive general liability insurance policy (including any endorsement for any over-spray) in the minimum amount of $____________, which shall name and protect Spraying Service , all employees of Spraying Service , Owner and Owner’s family and/or invitees, from and against any and all claims, losses, actions, and judgments for damages or injury to persons or property arising out of or in connection with the acts of Spraying Service . Spraying Service shall provide proof of liability coverage as set forth above to Owner prior to commencing its performance as herein provided, and require insurer to notify Owner ten (10) days prior to cancellation of said policy. 10. Duration of Agreement This Agreement shall become effective on the date stated above, and shall continue until terminated by either party on ____ days' written notice to the other. 11. Indemnification: Spraying Service agrees to indemnify, defend, and hold harmless Owner from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/or any performances or activities of Spraying Service , or the agents, employees, or representatives of Spraying Service under this Agreement. 12. Disposal and Handling of Toxic Substances: Spraying Service agrees to use, handle, store, and dispose of any and all toxic substances used in the performance of this contract in accordance with applicable federal, state, city, and local statutes, rules and regulations and further agrees to indemnify and hold Owner harmless from any liability resulting from the use, handling, storage or disposal of toxic substances. 13. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 14. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 15. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ______________. 16. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 17. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 18. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 19. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 20. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 21. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 22. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. _____________________________ (Name of Spraying Service) ________________________ By:_________________________ (P rinted name) _________________________ ________________________ (P rinted name & Office in Corporation) (Signature of Owner) __________________________ (Signature of Officer)