1-855-633-6260 Call us for a free quote Contact us

Commercial Services Terms & Conditions

Continue

  1. Agreement. Customer and Company agree to the following terms and conditions in connection with the services to be provided by Company (hereinafter collectively referred to as “Agreement”).

  2. Standard of Care. Company will use its professional expertise to determine the products and services appropriate for treatment, and will follow all label and legal requirements. All reasonable care will be used in installing the specified services. Company hereby affirmatively disclaims any liability for damage or injury caused by the use of any materials in accordance with the manufacturer label directions. Reasonable care will be taken in applying the treatment, however, the nature of the work is such that Company cannot be responsible for the safety of domestic animals, stains, discolorations, or other damages. Subject to Customer's cooperation, if Customer is not satisfied with the services rendered, upon the request of Customer and as Customer’s sole and exclusive remedy, at no additional cost(s) to Customer, Company shall retreat and/or reapply pesticides to the structure(s) as is reasonably necessary to control for and mitigate against acute infestations of pests covered by this Agreement, as the case may be.

  3. Customer Responsibilities. Effective service requires the cooperation of the Customer. The Customer, therefore, warrants full cooperation with Company during this Agreement. Customer agrees to maintain premises free from any factor or condition conducive to the breeding and harborage of pests covered by this Agreement and following instructions provided. This cooperation includes, but is not limited to, proper garbage handling; repairing structure; not adding chemicals or self-treating in ways that are not part of Service; emptying grease traps, not damaging or turning off equipment, etc. Whenever conditions conducive to the breeding and harborage of pests covered by this Agreement are reported in writing by Company to the Customer and are not corrected by Customer, Company cannot ensure effective services. If Customer fails to correct the conditions noted by Company within a reasonable time period, all guarantees as to the effectiveness of the services in this Agreement shall automatically terminate. Company’s failure to alert the Customer to any negative conditions does not alter the Customer’s responsibility. If Customer is unable to comply with preparation or maintenance requirements, the Company will make determination on site if service can be completed or rescheduled; additional fees may be applied. If the Customer or other occupants of the structure(s), believe they are or may be sensitive to products being used or their odors, or if the Customer or other occupants have consulted with a medical doctor or other healthcare provider, regarding such sensitivity, the Customer must notify Company in writing, in advance of treatment of the structure(s). Company assumes no liability should Customer fail to warn Company of these sensitivities. Company reserves the right, upon receipt of such notification, to deny or terminate services. Any arrangements, costs or inconvenience resulting from the need to evacuate occupants, or other precautions deemed necessary, shall be the sole responsibility of the Customer. The Customer agrees to give Company complete or reasonable access to all areas, as may be required to enable effective service and maintenance, including individual units of multi-unit residential structures and electrical outlets, if needed. The failure to allow Company such access will terminate this Agreement without further notice.

  4. Modification. Any deviation from the requirements outlined that involve extra cost of material and labor will result in extra charges. If conditions require Company to use specialized equipment or products, Company shall advise the Customer of the additional costs. Due to safety concerns and regulations, Company may be required to use fall protection when service involves working on the roof of a structure. Fall protection safety equipment includes a number of devices and may include roof anchors, of which Customer will be advised. Some roof anchors are designed to be left on the roof; others are to be removed. If Customer prefers to have anchors removed, this should be discussed with the sales representative before service is performed.

  5. Moisture, Mold and Mildew. Moisture is a condition found in varying degrees in most structures. Moisture conditions in and around structures can be conducive to a variety of pests and wood destroying insects. Moisture conditions can also provide an environment favorable to the growth of mold, mildew and other fungi. It is the Customer’s sole responsibility to direct questions concerning the presence or dispersal of mold, mildew, mold spores or fungi; health-related issues; or indoor air quality to qualified professionals. Company does not possess the knowledge or expertise to identify mold, mildew or fungi that may lower air quality or be injurious to health, nor does it possess the knowledge or expertise to give opinion or recommendation regarding exposure to, or effective remediation of mold, mildew or other fungi (including decay or non-decay) as they might relate to air quality or health related risks. Company is not responsible for personal injury or property damage resulting from the presence, disruption or dispersal of mold, mold spores, mildew or fungi, even if Company inadvertently causes such disruption or dispersal by its inspection or treatment of pest-related problems. Customer waives and releases Company from any claim or injuries related to mold, mildew or fungal growth.

  6. Water Leakage. Water leakage in treated areas, in interior areas or through the roof or exterior walls of the structure(s) may destroy the effectiveness of treatment by Company and is conducive to new infestation. Customer is responsible for making timely repairs as necessary to stop the leakage. Customer’s failure to make timely repairs will terminate this Agreement automatically without further notice. Company shall have no responsibility for water leakage, or anything related to water leakage.

  7. Warranty. For equipment and products, manufacturer warranties apply; there is no further warranty from Company on products or equipment.

  8. Right to Subcontract. Company, in its sole discretion, may subcontract or delegate to an affiliate or third party any of its duties and obligations hereunder.

  9. Ownership and Replacement of Equipment. All equipment, devices and components (with the exception of those directly purchased by Customer, incidental to the service) are property of and/or remain property of or under the control of the Company. Company will replace rental devices and components as required, except for those items lost or damaged due to Customer’s neglect, in which event, the Customer will be responsible for replacement cost. Company will be granted access to the Customer’s location to recover equipment, devices and components at the expiration of this Agreement, or at any time an amount due from the Customer to Company is more than sixty (60) days beyond due date. If Customer terminates an equipment rental earlier than the term of the Agreement then in effect, Customer is responsible for paying the full amount remaining for rental of devices.

  10. Force Majeure. Company shall not be liable for any delay or failure in performing the services due to any cause beyond its reasonable control.

  11. Insurance. Public liability and property damage insurance against injury to members of the public from accidents that may arise from operations will be carried by Company, and evidence of insurance will be issued to the Customer upon request. Georgia customers, please note: The Georgia Structural Pest Control Act requires all pest control companies to maintain insurance coverage. Information about this coverage is available from this Company.

  12. Limitation of Liability. THE CUSTOMER AGREES THAT THE WORK PROVIDED UNDER THIS AGREEMENT IS NOT TO BE CONSTRUED AS INSURANCE, OR AS A COVENANT, GUARANTEE, WARRANTY, OR PROMISE OF ANY KIND THAT THE CUSTOMER IS IN COMPLIANCE WITH ANY LEGAL GUIDELINES OR REQUIREMENTS. COMPANY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY REGARDING THE PRACTICES AND OPERATIONS OF THE CUSTOMER, AND BEARS NO RESPONSIBILITY OR LIABILITY FOR WHETHER THE CUSTOMER CARRIES OUT THE RECOMMENDATIONS MADE BY COMPANY, AND IN NO EVENT WILL THE COMPANY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, AND/OR LOSS OF ENJOYMENT DAMAGES. THE CUSTOMER SHALL INDEMNIFY AND HOLD COMPANY HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, OBLIGATIONS AND ATTORNEYS’ FEES OR COSTS BROUGHT BY ANY THIRD PARTIES, ARISING OUT OF, OR RELATED TO THIS AGREEMENT, OR BY FAILURE OF THE CUSTOMER TO ACT IN ACCORDANCE WITH ANY REQUIREMENTS IN CONNECTION WITH THE SERVICES. THE OBLIGATIONS OF COMPANY SPECIFICALLY STATED IN THIS AGREEMENT ARE GIVEN IN LIEU OF ANY OTHER OBLIGATION OR RESPONSIBILITY, EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN CONSIDERATION OF SUMS CHARGED BY COMPANY HEREUNDER AND AS A LIQUIDATED DAMAGE AND NOT AS A PENALTY, AND NOTWITHSTANDING ANY CONTRACT, TORT, OR OTHER CLAIM THAT COMPANY FAILED TO PERFORM ITS OBLIGATIONS HEREUNDER, THE SOLE RESPONSIBILITY OF COMPANY IN THE EVENT OF A CLAIM BASED UPON THE SERVICES SHALL BE TO PROVIDE FURTHER SERVICES FOUND NECESSARY BY COMPANY FREE OF CHARGE. CUSTOMER EXPRESSLY RELEASES COMPANY FROM, AND AGREES TO INDEMNIFY COMPANY WITH RESPECT TO, ANY OTHER OBLIGATION TO CUSTOMER WHATSOEVER. THIS AGREEMENT DOES NOT PROVIDE FOR THE REPAIR OF ANY DAMAGE CAUSED BY PESTS (COVERED BY THIS AGREEMENT OR OTHERWISE), AND THIS AGREEMENT DOES NOT GUARANTEE, AND COMPANY DOES NOT REPRESENT, THAT PESTS (COVERED BY THIS AGREEMENT OR OTHERWISE) WILL NOT RETURN SUBSEQUENT TO SERVICE TREATMENTS. COMPANY WILL BE RESPONSIBLE FOR ONLY THOSE DAMAGES, CLAIMS, CAUSES OF ACTION, INJURIES, OR LEGAL COSTS CAUSED BY ITS OWN DIRECT NEGLIGENCE OR MISCONDUCT, BUT THEN ONLY TO AN AMOUNT NOT TO EXCEED THE ANNUAL FEES CHARGED UNDER THIS AGREEMENT.

  13. Animal Disposal. Company will dispose of any trapped wildlife in accordance with the laws and regulations of local governing authorities; however, if Customer requests the release of the animal on his/her property, Company shall not be responsible for, nor guarantee, that the animal will not return to infest or damage the serviced property.

  14. Choice of Law. Except for the Mandatory Arbitration provision of this Agreement, which is governed by and construed in accordance with the Federal Arbitration Act, this Agreement shall be governed by, and construed in accordance with the laws of the state in which the dispute arises without regard to the conflict of laws provisions.

  15. Mandatory Arbitration. Any claim, dispute or controversy, regarding any contract, tort, statute or otherwise (“Claim”), arising out of or relating to this Agreement or the relationships among the parties hereto, shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Commercial or Consumer, as applicable, Rules in effect at the time the Claim is filed (“AAA Rules”). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1.800.778.7879. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court for the District or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Agreement, including any claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver.” Venue for arbitration hereunder shall be within the state where the customer’s property, that is the subject of the services provided, is located.

  16. Class Action Waiver. Any Claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“class action”). The parties expressly waive any ability to maintain any class action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any class action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this class action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, THE PARTIES UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.

  17. Data Privacy. For additional information about your rights related to data privacy, please review our privacy policy, available at:
    https://www.rentokil-initial.com/site-services/cookie-and-privacy-policy/privacy-policy.aspx.

  18. Third Party and Marketing Disclosure. The Customer agrees to permit Company to use the Customer’s name and contact information for sharing with Company’s business partners. Company will never sell this data. It is to be used to improve the Customer’s experience with Company. Unless Customer notifies Company otherwise or opts out, Customer agrees to and accepts the receipt of marketing and sales communications relating to Company’s service offerings.

  19. Term. The Term of this Agreement shall vary by service line purchased. See Term provisions below.

  20. Termination. Agreement may be terminated by either party with 60 days written notice, providing all accounts are current. In cases of Customer nonpayment or entering bankruptcy or insolvency per the Bankruptcy Code, Company reserves the right to terminate the Agreement upon immediate written notification.

  21. Change in Terms. Company may change the terms of this Agreement, including pricing, after the Initial Term by providing at least thirty (30) days' advance written notice. Customer's failure to cancel this Agreement after receiving notice of any changes will constitute acceptance of such changes.

  22. Payment. Renewal fees and pre-paid renewal fees are non-refundable. However, the services identified in this Agreement and selected by Customer, as well as any applicable Warranty, may be transferable to a subsequent owner of the property in the sole discretion of Company. Initial corrective service fees and any applicable curative upcharge fees (whether initially identified by Customer or identified by Company during the initial service visit) are due upon completion of the service, unless another payment plan is selected on the Agreement. Other corrective service, rental and/or equipment/product fees will be invoiced upon completion/delivery. Subsequent services will be invoiced in accordance with the Agreement and payment plan selected by Customer. If a service date has been mutually agreed upon by Company and the Customer, it will be the Customer’s responsibility to pay for service if Company has attempted to render service at the Customer’s property. Payments for services are due upon receipt of invoice. Customer agrees to remit payment in one of the acceptable forms of payment detailed in the Agreement or invoice. In the event full payment is not made upon receipt of invoice, a finance charge per month will be added to the unpaid balance, up to the maximum allowed by law. Late fee charges may also be applied. Additionally, the Customer is responsible for all collection costs, including reasonable attorneys’ fees, for any invoices not paid by the due date. Any check returned for any reason, will result in a fee in the amount charged by Company's bank. All service warranties under this Agreement will be voided should any payment due exceed sixty (60) days. Should it become necessary to temporarily discontinue a periodic service due to causes beyond the Company's control, it is agreed that the periodic payments due under this agreement will be suspended until service is resumed, and that such temporary discontinuation of service will, in no way, breach this agreement.

  23. Fuel/Transportation Surcharge. Like many other companies impacted by the price of gasoline, a rise in gasoline prices may necessitate a fuel surcharge. As such, the Company reserves the right to add a fuel surcharge to Customer's invoice for any increase in the cost of fuel as measured above the same time period in the prior year (by the National U.S. Average Motor Gasoline-Regular Fuel Price per Gallon Index reported by the U.S. Department of Energy). The surcharge may be adjusted monthly with the price of gasoline.

  24. Change in Law. Company performs its services in accordance with the requirements of law. In the event of a change in existing law as it pertains to the services herein, Company reserves the right to revise the Renewal Term amount or terminate this Agreement.

  25. Severability. If any part of this Agreement is held invalid or unenforceable for any reason, the remaining Terms and Conditions of this Agreement shall remain in full force and effect.

  26. Entire Agreement. This Agreement, together with a record of initial application, and all exhibits thereto, constitutes the entire agreement between the parties, supersedes all proposals, oral or written, and all other communications between the parties relating to such subject matter, and no other representations or statements will be binding upon the parties. This Agreement may not be modified or amended in any way without the written consent of both parties.

  27. Service Specific Terms. From time to time, Customer may desire to purchase additional services from Company. If Customer instructs Company to perform services for a specific pest, the following terms will be applicable, depending on the service line Customer purchases and the pest(s) the Company intends to control.

    1. Pest Control. Company shall control for and mitigate against infestations of Covered Pests located in and around the structure(s) on the Customer’s premises through delivery of regular pest control service. All services shall be performed in accordance with procedures recognized in the pest control industry and scientific community as effective against target pests. This Agreement does not cover and Company shall have no obligation whatsoever, whether express or implied, to repair any damage to the structure(s) on the premises or the contents therein caused by any pests (covered by this Agreement or otherwise) or to compensate Customer for any such damage.

      1. Initial service; subsequent service visits. On the initial service visit, Company may, as determined by Company in its sole discretion, apply pesticides both to the interior of the structure(s) and the exterior perimeter of the structure(s) on the premises. Subsequent to the initial service and during the term, Company may apply pesticides to the exterior perimeter or the interior of the structure(s) located on the premises as necessary, determined solely by Company, to control Covered Pest infestations.

      2. Excluded pests. Company pest control treatment(s) shall have no obligation to control for or mitigate against any pests other than the Covered Pests identified in this Agreement.

      3. Interim service visits. Subject to the Customer's cooperation and upon the request of Customer, Company shall make an interim service visit to reapply pesticides to the structure(s) on the premises as is reasonably necessary to control for and mitigate against acute infestations of Covered Pests in accordance with laws and regulations for product label application instructions.Pest Control Covered Pests include: Roof Rats, Norway Rats, House Mice, Cockroaches (German, American, Oriental, Brown-Banded, Wood, and Smokeybrown), Ants (Pavement Ants, Odorous House Ants, Argentine Ants, Field Ants, and Larger Yellow Ants), Ground Beetles, Silverfish, Earwigs, Centipedes, Millipedes, House Crickets, and Spiders (excluding the Brown Recluse [Loxosceles reclusa] and Black Widow [members of genus Latrodectus]).

      4. Pest Control Term. Agreement shall automatically renew on a month to month basis, with either party having the ability to cancel this Agreement upon 60-days written notice to the other party, with the first month being the Initial Term and each subsequent month a Renewal Term.

    2. Bed Bug. For Corrective services, Company treats infested areas, depending on needs and customer sensitivity level using, in Company’s sole discretion, conventional methods, heat, non-chemical applications, and/or fumigation. If conventional chemical treatment is used, multiple applications and follow-up visits may be necessary for control, based on the level of infestation discovered during inspection. For Preventive services (Hospitality and Multi-unit Attached Housing Customers ONLY), once all areas of a facility are determined to be inactive for bed bugs, the facility may be placed on Warranty, as described below. While under Warranty, inspection and as-needed treatment will be provided at no additional charge. Areas identified as inactive at first inspection are given a preventive treatment (performed on all critical areas prone to infestations - seating, bed frames, box springs, headboards, etc.; all other areas undergo corrective treatment until they are determined inactive for bed bugs (only then may these areas qualify for the Warranty specified below, as determined by Company in its sole discretion)). Random and vacant unit inspections are not included under the Warranty. Customer must complete all preparations required by Company. People and pets must be kept out of treated areas during treatment and for 4 hours following treatment.

      1. Bed Bug Warranty. The following Warranty periods apply: 1) for commercial customers (non-Hospitality / Multi-unit Attached Housing) purchasing a Bed Bug Corrective service, for conventional treatment, 90 days following the initial service if liners purchased & 30 days following the initial service if liners not purchased; for heat treatment, 30 days following the initial service; for fumigation treatment, 30 days following the initial service; and for steam treatment, no warranty; 2) for Hospitality commercial customers, 2 years following the initial service, regardless of treatment method, and each following Renewal Term; and 3) for Multi-unit Attached Housing commercial customers, 1 year following the initial service, regardless of treatment methods, and each following Renewal Term. Any claim under the applicable Warranty period must be made immediately upon sighting of bed bug activity in the location of treatment by Company, by written or verbal communication. Company is only obligated to perform under this Agreement if the Customer allows Company personnel access to the service area(s) for any purpose encompassed by the Agreement. Customer's failure to comply with Company's requirements shall render this warranty null and void.

      2. Bed Bug Term. This applies to the Bed Bug Preventative Program which is only available to commercial Hospitality and Multi-unit Residential customers.

      3. For Hospitality: The Initial Term of this Agreement is two (2) years from the date hereof, and term shall automatically renew for additional terms of one (1) year thereafter, each a Renewal Term, unless either party provides the other with written notice before the expiration of a term then in effect.

      4. For Multi-unit Attached Housing: The Initial Term of this Agreement is one (1) year from the date hereof. The Agreement will then renew for successive one-year terms, each a Renewal Term, unless either party provides the other with written notice before the expiration of a term then in effect.

    3. Mosquito and Tick Control Plan. During the Term, Company shall control for and mitigate against infestations of mosquitoes and ticks located around the outdoor areas of Customer's premises through inspection for conducive mosquito and tick conditions and, if indicated and as determined solely by Company based on local geography and mosquito and tick activity, application of pesticides and/or larvicides and/or granules (and the installation and service of In2Care® Mosquito Stations, if applicable). All services shall be performed in accordance with procedures recognized in the pest control industry and scientific community as effective against target pests. 

      1. Initial Service; Subsequent Service Visits. On the initial service, Company will inspect Customer’s property and provide information about the control services. If indicated and as determined solely by Company based on local geography and mosquito and tick activity, Company will also apply pesticides and/or larvicides and/or granules onto surfaces frequented by mosquitoes and ticks in the outdoor areas adjacent to the structure(s) located on Customer’s premises during the initial service (and install and service In2Care® Mosquito Stations, if applicable). Subsequent to the initial service and during the Term, Company will apply pesticides and/or larvicides and/or granules onto surfaces frequented by mosquitoes and ticks in the outdoor areas adjacent to the structure(s) located on Customer’s premises (and service In2Care® Mosquito Stations, if applicable) as necessary, determined solely by Company based on local geography and mosquito and tick activity, to control for and mitigate against acute infestations of mosquitoes and ticks. 

      2. Interim Service Visits. Subject to Customer's cooperation and upon the request of Customer, Company shall make an interim service visit to reapply pesticides and/or larvicides and/or granules onto surfaces frequented by mosquitoes and ticks in the outdoor areas adjacent to the structure(s) located on Customer’s premises (and service In2Care® Mosquito Stations, if applicable) as reasonably necessary to control for and mitigate against acute infestations of mosquitoes and ticks in accordance with laws and regulations for product label application instructions. 

      3. Important Information Regarding Treatments. Customer understands and acknowledges that: (A) THE APPLICATION OF PESTICIDES AND/OR LARVICIDES AND/OR GRANULES (AND IN2CARE® MOSQUITO STATIONS, IF APPLICABLE) WILL TEMPORARILY REDUCE THE MOSQUITO AND TICK POPULATION ON CUSTOMER’S PREMISES AND THAT SUBSEQUENT PESTICIDE AND/ OR LARVICIDE AND/OR GRANULE APPLICATIONS (AND SERVICE OF IN2CARE® MOSQUITO STATIONS, IF APPLICABLE) DURING THE TERM ARE NECESSARY TO MAINTAIN SUCH REDUCTION; (B) THIS AGREEMENT DOES NOT GUARANTEE, AND COMPANY DOES NOT REPRESENT NOR WARRANT, THAT MOSQUITO AND TICK POPULATIONS WILL BE PERMANENTLY REDUCED OR ELIMINATED BY SUCH PESTICIDE AND/OR LARVICIDE AND/OR GRANULE APPLICATIONS (OR IN2CARE® MOSQUITO STATIONS, IF APPLICABLE); AND (C) CUSTOMER SHOULD AVOID IRRIGATION OF TREATED AREAS VIA HANDHELD OR IN-GROUND IRRIGATION SYSTEMS WITHIN THE 24-HOUR PERIOD FOLLOWING APPLICATION OF SUCH PESTICIDES AND/OR LARVICIDES AND/OR GRANULES, AS SUCH IRRIGATION WILL REDUCE THE EFFICACY OF PESTICIDES AND/OR LARVICIDES AND/OR GRANULES.

      4. In2Care® Mosquito Stations. For customers purchasing In2Care® Mosquito Stations, Company will also install the containerized stations on your property near active mosquito areas. The stations attract adult female mosquitoes, and each station contains a natural fungus and an insect growth regulator that kills the larvae deposited within the station. The stations further allow the adult mosquitoes to transfer the product to additional breeding sites that will kill the larvae, reduce mosquito feeding, and kill the adult mosquitoes after several days. Company's technician will service and maintain your stations to ensure continued effectiveness.

      5. Mosquito and Tick Control Term. Agreement shall automatically renew on a month to month basis, with either party having the ability to cancel this Agreement upon 60-days written notice to the other party, with the first month being the Initial Term and each subsequent month a Renewal Term.

    4. WILDLIFE EXCLUSION. Company shall provide the following services (hereinafter the “Services”): (a) Analyzing the Structures on Customer’s premises to identify actual and potential entry points to the Structures that could be used by Target Pests/Nuisance Animals (including Target Birds) to gain access to the Structures; (b) Identifying any existing infestations of Target Pests/Nuisance Animals; (c) Sealing of all entry points through installation of necessary screens, fabrics, returns, caps mesh and sealant, as determined by Company in its sole discretion, (the exclusion system components”) in the locations identified on the Inspection Graph attached to this Agreement to prevent Target Pests/Nuisance Animals from entering the Structures; and (d) Controlling for and mitigating against infestation of Target Pests/Nuisance Animals existing at time of the initial inspection using rodenticides and/or trapping systems. For the avoidance of doubt, this Agreement does not cover the trapping and removal of Target Pests/Nuisance Animals in areas outside of the Structures. On an annual basis or at any time, upon the reasonable request of Customer, Company will inspect the installed exclusion system components and Structures for any actual entry to the Structures by Target Pests/Nuisance Animals and resulting infestations. Subject to Customer’s cooperation, Company will repair or replace any exclusion system components damaged by Target Pests/Nuisance Animals. EXCLUSION SYSTEM COMPONENTS & TARGET PEST/NUISANCE ANIMAL TRAPPING EQUIPMENT. Customer shall ensure that the installed components and/or equipment are not damaged, lost or stolen while installed on Customer’s premises. Customer shall pay to Company such amounts necessary to repair any damage to the components and/or equipment which occurs while installed on Customer’s premises, excluding damage to such components and/or equipment caused by Target Pests/Nuisance Animals. In the event that such components and/or equipment are damaged beyond repair or lost or stolen while installed on Customer’s premises, Customer shall pay to Company the full replacement value cost of the components and/or equipment. Customer releases Company from any and all claims of damage to the Structures as a result of the installation of the components and/or equipment.

      1. Information regarding Trapping and Removal. Customer acknowledges that the disposal of captured Target Pests/Nuisance Animals is subject to additional federal, state and/or local laws. Specifically, any Target Pest/Nuisance Animal captured by Company, as required by and in accordance with applicable laws, shall be either (a) released on or near the area captured on Customer’s premises; (b) released in an area other than Customer’s premises; or (c) euthanized by the method required by applicable law. Customer acknowledges and agrees that selection of the type of trapping equipment utilized, the installation location of trapping equipment and the monitoring frequency of the trapping equipment shall be determined by Company, in its sole discretion, based upon its review and analysis of the Structures, outside areas, suspected Target Pests/Nuisance Animals and applicable laws.

      2. Information regarding Wildlife Exclusion to Target Birds (if purchased by Customer as part of Wildlife Exclusion Agreement). Company shall provide the following services: (a) Analyze the Structures on Customer’s premises to identify: (i) actual and potential entry points used by Target Birds to gain access to the interior areas of the Structure and/or (ii) identify nesting/roosting areas on the Structures used by Target Birds; and (b) Seal such entry points and deter nesting and/or roosting activity of Target Birds using one or more of the following methods as selected by Customer in consultation with Company: (a) installation of exclusion system components; (b) installation of non-lethal visual and olfactory deterrents, including spikes, gels, sprays, slopes, bird haze generators and electrical shocking systems; (c) application of non-lethal chemical frightening agents; and (d) Maintenance services for the installed bird control components.

      3. Wildlife Exclusion Limitation of Liability. In addition to the Limitation of Liability Term above, except for repairs to the exclusion system components and/or trapping equipment caused by Target Pests/Nuisance Animals as expressly provided for herein, Company shall have no obligation whatsoever, whether express or implied, to repair any damage caused by any Target Pests/Nuisance Animals to the Structures or its contents. This Agreement does not guarantee, and Company does not represent, that Target Pests/Nuisance Animals will not attempt to, and/or regain entry to, the Structures subsequent to the installation of the exclusion system components and/or trapping equipment. Company shall not be responsible for any injury, disease or illness resulting from bites, infestation, or contamination caused by any Target Pests/Nuisance Animals, whether occurring prior to capture or during the removal or disposal of the captured Target Pests/Nuisance Animals or upon the return to Customer’s premises of any Target Pests/Nuisance Animals released on or near the premises (as required by applicable law) or from tampering with exclusion system components and/or trapping equipment by Customer or Customer’s employees, guests, or invitees. Customer acknowledges that the trapping equipment and any Target Pests/Nuisance Animals captured in the trapping equipment pose an extreme hazard to persons (including both children and adults) and other animals (including domesticated pets), and any contact with such trapping equipment may result in severe injury or harm, whether such trapping equipment is empty or contains a trapped Target Pest/Nuisance Animal. Accordingly, Customer agrees to refrain from tampering with such trapping equipment and shall, at all times, maintain a safe distance of at least fifteen (15) feet from such trapping equipment. Customer shall also ensure that Customer’s employees, guests, and invitees are informed of the hazards posed by the trapping equipment, are instructed not to tamper with or touch the trapping equipment and are instructed to maintain at all times a safe distance of at least fifteen (15) feet from such trapping equipment.

      4. Wildlife Exclusion Term. The Term of this Agreement shall commence on the date of initial installation of the exclusion system components and/or trapping equipment and shall continue thereafter for one year (the “Initial Term”), unless terminated earlier as set forth herein. Customer may extend the Initial Term for additional one-year periods (each a “Renewal Term”) for so long as Customer owns the property described on the Inspection Graph and by paying the applicable renewal fee prior to the expiration of the Initial Term or any Renewal Term.

  28.  STATE-SPECIFIC DISCLOSURES:

    1. CALIFORNIA: Supplier shall provide the “Notice to Owner/Tenant” as required by Cal. Bus. & Prof. Code section 8538.

    2. GEORGIA: The Georgia Structural Pest Control Act requires all pest control companies to maintain insurance coverage. Information about this coverage is available from this pest control company.

    3. TEXAS: Licensed and regulated by: Texas Department of Agriculture, PO Box 12847, Austin, TX 78711-2847 Phone 1.866.918.4481 Fax 1.888.232.2567.