Wildlife Removal Agreement

WILDLIFE REMOVAL AGREEMENT

This Wildlife Removal Agreement ("Agreement") is made effective as of between Service Provider: , whose principal contact information is set forth below, and Client: , collectively referred to as the "Parties."

RECITALS

WHEREAS, Client owns or controls the real property described as: (the "Property"); and

WHEREAS, Service Provider is duly experienced, licensed where required, and equipped to humanely remove, exclude, relocate, or otherwise manage wildlife and wildlife-related hazards as permitted by law; and

WHEREAS, Client desires to engage Service Provider to perform wildlife removal and related services at the Property on the terms and conditions set forth in this Agreement.

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

1. DEFINITIONS

1.1 "Wildlife" means animals, birds, bats, reptiles, or other living fauna regulated by applicable law and encountered at the Property, including but not limited to rodents, raccoons, skunks, bats, birds, and snakes.

1.2 "Services" means wildlife removal, exclusion, relocation, habitat modification, sanitation recommendations, and any follow-up inspections and repairs expressly described in Section 2.

2. SCOPE OF SERVICES

2.1 Service Provider shall provide the Services described in the scope summary:

2.2 Service Provider shall perform Services in a commercially reasonable manner consistent with industry standards and in compliance with applicable local, state, and federal statutes and regulations governing wildlife handling and control.

2.3 Unless otherwise agreed in writing, Services do not include structural repairs, major construction, or remediation of underlying conditions beyond immediate exclusion and remediation of wildlife attractants. Recommendations for such work will be provided in writing and billed separately if accepted.

3. ACCESS, COOPERATION, AND SITE CONDITIONS

3.1 Client shall provide Service Provider with reasonable access to the Property, utilities, and any information necessary for the performance of Services. Client warrants that areas to be accessed are safe and free of hazards that would materially impair Service Provider's performance.

3.2 If Service Provider encounters concealed or latent conditions materially different from those represented by Client, Service Provider shall stop work and notify Client. Additional work due to such conditions will be billed as an extra and is payable by Client.

4. FEES, PAYMENT, AND CANCELLATION

4.1 Client shall pay the deposit specified above prior to commencement of Services. The balance is due upon completion of Services or as otherwise set forth in a separate invoice. All undisputed payments not received within thirty (30) days of invoice date shall accrue interest at the lesser of 1.5% per month or the maximum permitted by law.

4.2 Cancellation: If Client cancels scheduled Services less than days before a scheduled visit, Client shall be responsible for a cancellation fee equal to the deposit or a reasonable portion of the scheduled service fee.

5. PERMITS, LAW, AND COMPLIANCE

5.1 Service Provider shall, at its expense, obtain any licenses or permits required to perform specialized wildlife removal where the law requires a licensed contractor. Client shall obtain any property owner consents or municipal approvals necessary for work on the Property, unless otherwise agreed in writing.

5.2 Both Parties shall comply with all applicable laws, including wildlife protection statutes and regulations. If removal or relocation of certain species is prohibited or subject to time-of-year restrictions, Parties will cooperate in determining lawful mitigation measures.

6. WILDLIFE HANDLING, DISPOSITION, AND CAPTURE

6.1 Service Provider will use humane and industry standard techniques for live capture, exclusion, and, where permitted, relocation. Service Provider shall not release wildlife onto neighboring private property without prior authorization.

6.2 Service Provider is not responsible for wildlife that return to the Property after exclusion if structural repairs or ongoing maintenance recommended by Service Provider are not completed by Client.

7. INSURANCE AND LIABILITY

7.1 Service Provider shall maintain general liability insurance and workers' compensation as required by law. Service Provider's aggregate liability for direct damages arising out of or relating to this Agreement shall not exceed the total amount paid by Client for the services giving rise to the claim, except for liability arising from gross negligence or willful misconduct.

7.2 Client acknowledges that the presence of wildlife creates inherent risks. Service Provider shall not be liable for consequential, incidental, special, or punitive damages, including loss of use or property damage not directly caused by Service Provider's negligent acts or omissions.

8. REPRESENTATIONS, WARRANTIES, AND ACKNOWLEDGMENTS

8.1 Service Provider represents that it is authorized to perform the Services and that its employees and subcontractors are suitably trained. Service Provider makes no express warranty beyond the workmanship obligations set forth herein.

8.2 Client represents that it is the owner or authorized agent for the Property and has disclosed known infestations, prior treatments, and any hazardous conditions that may affect Service Provider’s performance.

9. INDEMNIFICATION

9.1 Client shall indemnify, defend, and hold harmless Service Provider, its officers, employees and agents from and against all claims, liabilities, losses, damages, fines, costs and expenses (including reasonable attorneys' fees) arising out of Client's breach of this Agreement, negligence, or willful misconduct.

9.2 Service Provider shall indemnify Client for damages caused by Service Provider's gross negligence or willful misconduct, subject to the limitations set forth in Section 7.

10. TERM AND TERMINATION

10.1 This Agreement commences on the effective date and continues until Services are completed, unless earlier terminated as provided herein.

10.2 Either Party may terminate this Agreement for material breach by the other Party if the breaching Party fails to cure such breach within fourteen (14) days after receipt of written notice specifying the breach. Termination by Client prior to completion shall not relieve Client of payment obligations for Services performed and costs incurred through the date of termination.

11. CONFIDENTIALITY

11.1 Each Party shall maintain as confidential any nonpublic business or technical information disclosed by the other Party in connection with this Agreement, except to the extent such information is (a) already known to the receiving Party, (b) publicly available through no fault of the receiving Party, or (c) required to be disclosed by law.

12. NOTICES

12.1 All notices, invoices, or other communications required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as a Party designates in writing.

13. AMENDMENT, WAIVER, COUNTERPARTS

13.1 This Agreement may only be amended or modified by a written instrument signed by both Parties. No failure or delay by a Party in exercising any right shall operate as a waiver of that right.

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

14. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

14.1 This Agreement shall be governed by and construed in accordance with the laws of the state indicated below without regard to conflict of law principles. Any legal action arising under this Agreement shall be brought in the state or federal courts located in that state.

14.2 This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.

15. MISCELLANEOUS

15.1 Independent Contractor: Service Provider is an independent contractor and not an employee, partner, or agent of Client. Service Provider is responsible for payment of all payroll taxes and other employment-related obligations for its personnel.

15.2 Subcontracting: Service Provider may engage qualified subcontractors to perform portions of the Services, provided Service Provider remains responsible for the performance of such subcontractors.

SIGNATURES

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