This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the performance of services by Pest Defense and Lawn Care for the Client, and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing and signed by a managing partner of Pest Defense and Lawn Care. In consideration of the covenants and conditions hereinafter set forth, Pest Defense and Lawn Care and Client agree as follows:

1. DEFINITIONS

“PD Lawn” used herein means Pest Defense and Lawn Care. “Client” as used herein means the Client of PD Lawn who requests services provided by PD Lawn. “Agreement” as used herein means the Lawn Service Agreement between PD Lawn and Client for the provision of services under the Terms and Conditions provided herein. The term “structure” as used herein means the Client’s residence and any buildings or structures agreed upon by the Parties to receive PD Lawn’s services.

2. TERMS & TERMINATION

The term of this Agreement shall be one (1) year from the date Client requests services and shall automatically renew for successive one year terms unless terminated by either Party. Either Party may terminate this Agreement, without penalty, upon thirty (30) days written notice to the other Party. Either party may terminate services at any time with or without cause and without further obligation to PD Lawn, except for payment due for services prior to the date of such termination.

3. SERVICES

All services shall be performed by qualified, experienced, trained personnel using practices and methods recognized as accepted standards in the lawn care industry. If the Client has any specific needs or issues with PD Lawn’s services that arise during the course of this Agreement please contact PD Lawn immediately so that these needs can be addressed.

The Client agrees to meet the terms of all reasonable requests of PD Lawn necessary to the performance of the PD Lawn's services under this Agreement.

4. MATERIAL

The products and service methods used by PD Lawn will be guided by all applicable federal, state, and local laws, rules and regulations. The work will be performed in a professional manner. All PD Lawn equipment and/or devices placed in, on, or around the structure remain the property of PD Lawn unless specified in writing. Client authorizes PD Lawn to retrieve equipment and devices upon termination of this Agreement. Reasonable care will be observed while performing any work hereunder to try to avoid damaging any part of the structure(s), plants, animals or property. Under no circumstances or conditions shall PD Lawn be responsible for damage caused at the time the work is performed except those damages resulting from gross negligence on PD Lawn’s part.

5. INSURANCE

PD Lawn shall maintain all necessary insurance policies to cover the services provided by PD Lawn during the Agreement term.

6. EXTREME CONDITIONS / WEATHER

PD Lawn’s ability to perform work is affected by the weather. If bad weather occurs, PD Lawn will try to make up work the next day. In these situations, PD Lawn requests that the Client please take note of their scheduled mowing day and adjust their watering schedule accordingly. However, there is no guarantee that PD Lawn will be able to make up Work the next day due to extenuating circumstances, such as ongoing weather conditions.

7. PRICING & PRICE INCREASES

PD Lawn shall charge the prices quoted to Client when Client initially requests PD Lawn’s services and PD Lawn reserves the right to adjust and/or increase its pricing for services rendered at any time at PD Lawn’s sole discretion. Notice of price increases will be provided on PD Lawn’s invoices. In the event Client is dissatisfied with any price increase, Client may terminate this Agreement as provided herein.

8. PAYMENT

PD Lawn will be paid for work performed under this Agreement as follows:

· PD Lawn will be paid for services selected by the Client, per the rate stated in the Agreement

· PD Lawn will provide an invoice to the Client after each service is completed.

· Invoice terms are Net 15 Days.

· Stored payment methods such as ACH or debit/credit card must be on file to begin service.

· Checks are accepted only when approved by the PD Lawn prior to service. Cash is not an acceptable form of payment.

· PD Lawn reserves the right to terminate this Agreement, without notice, should any invoice remain unpaid for more than thirty (30) days after the due date noted on the invoice. After such termination, PD Lawn shall have no further obligation to the Client to provide the work as described in this Agreement, provided, however, that termination by PD Lawn shall not affect any remedy or remedies for payment or otherwise to which PD Lawn is legally entitled.

· Client’s mowing rate is based on weekly mowing. PD Lawn does not offer a biweekly service during the early Spring season and only offers Monthly and Bimonthly services in the late fall and winter season. In extreme circumstances, the Client may contact PD Lawn to request skipping service for a particular week with a minimum of a twenty-four (24) hour advance notice prior to the Client’s scheduled mowing. A service charge may apply to the Client for this courtesy of skipping a week. This service charge may be waived, at PD Lawn’s discretion, if the Client has no history of skipping weeks and any future skipping is extremely infrequent.

9. TERMITES

PD Lawn’s liability under this Agreement for the presence of termites or termite damages is limited to retreatment of termite infestations only, unless a certificate of protection has been issued. Soil treatment under less than entire structure is a limited treatment and PD Lawn shall not be responsible for untreated areas.

10. WASPS/BEES

Wasp/bee service is for visible exterior nests only. It does not include wasp/bee nests inside walls or soffit areas and also does not include removal of wasp/beehives or nests. Wasp/bee nests in walls or soffits are bid on subject to
separate agreements.

11. RODENT/NUSIANCE ANIMAL EXCLUSION

This Agreement does not cover, and PD Lawn is not responsible for, damage to property caused by rodents, or any damage resulting from rodents or pests gaining access to structures due to improperly fitted garage doors or broken/leaking
plumbing lines or by cracks in foundation or siding materials. The Client agrees to make all
necessary repairs and/or eliminate faulty conditions as documented on the exclusion survey. The
Client agrees to maintain the home’s structure free from any factors contributing to
infestation, such as trash accumulation, readily accessible food sources, vegetation growth and
water damage. At no time will damage caused to any portion of the Client’s structure be the
responsibility of PD Lawn except as provided herein.

12. EXISTING DAMAGE

PD Lawn is not responsible and has no duty to repair or disclose either
visible damage (noted on the Inspection Report), or hidden damage existing as of the date of this
Agreement. Because damage may be present in areas that are inaccessible to visual inspection,
PD Lawn does not guarantee that the damage disclosed on the Inspection Report represents all the
existing damage as of the date of this Agreement.

13. CONDUCTIVE CONDITIONS

The Client agrees to maintain the structure free from any factors
contributing to infestation, such as debris, lumber, and direct wood to soil contact and standing
water. The Client agrees to notify PD Lawn of any leaks under the areas treated and to eliminate
faulty plumbing. At no time will damage caused to any portion of the structure(s), even by an
active wood destroying insect infestation, be the responsibility of PD Lawn in areas where any of
the conditions described in this paragraph exist. The Client agrees to allow PD Lawn access to
treat the structure and/or stations as necessary to control the infestation within 45 days of
discovery of termites.

14. ADDITIONS, ALTERATIONS, AND OTHER CHANGES

This Agreement covers the structure(s) identified and agreed upon by the Parties beginning on the date of the initial service. Client agrees to notify PD Lawn in writing prior to the structure being modified, altered or otherwise
changed, or if the soil is removed or added around the foundation or iferi tampng with termite
stations or supplies occurs. Roof or siding repair, replacement or other structural remodeling may
result in additional work being required at an additional cost. Failure to notify PD Lawn in writing
will void this Agreement. PD Lawn may be required to provide additional treatments of the structure(s), or adjacent buildings, alterations or other such events to the structure.

15. ADVERSE HEALTH EFFECTS DISCLAIMER

PD Lawn specifically disclaims any and all liability forany illnesses and/or diseases contracted or allegedly contracted by exposure to insects and/or spiders and/or treatment materials such as pesticides. Those include but are not limited to allergic reactions, Rocky Mountain spotted fever, Lyme disease, West Nile Virus, Malaria, Encephalitis
and Dengue Fever. PD Lawn is not medically trained to diagnose insect and/or spider borne and/or
pesticide exposure related illnesses or diseases. Please consult your physician for any medical
diagnosis and treatment.

16. CLIENT COMMITMENT

Rodent/nuisance animal eradication services may result in the
death of an animal inside the home in an area that is not accessible to the service technician (i.e.
wall voids, etc.). This can result in an odor associated with the decomposition of the animal and
PD Lawn is unable to guarantee that this will or will not occur. Should you experience this type of
odor, this condition is usually only temporary and will resolve itself within a short period of
time.

17. TRANSFER OF OWNERSHIP

This Agreement will terminate upon transfer of ownership of the
described structure(s). However, PD Lawn, at its sole discretion, may allow a transfer of the
Agreement to a new purchaser provided the new Client signs a transfer addendum, pays a fee
to cover the administrative costs of the transfer, and pays the renewal cost as established by
PD Lawn. Upon transfer of this Agreement to a new owner, PD Lawn shall thereafter provide for the
re-treatment of the covered structure only.

18. TERMITE TRANSFER

This service can be transferred to a new owner for a fee, providing there
is no interruption of service and the new owner signs a new service agreement with PD Lawn. If a
wood destroying insect report is ever required, PD Lawn can provide one for an additional fee.

19. DISCLAIMER

PD Lawn’s liability under this Agreement will be terminated if PD Lawn is prevented
from fulfilling its responsibilities under the terms of this Agreement by reason of delays in
transportation, shortages of fuel and/or materials, strikes, embargoes, fires, quarantine
restrictions, or any other act of God or circumstances or cause beyond the control of PD Lawn.
PD Lawn specifically disclaims any liability for special, incidental or consequential damages
allegedly incurred by Client.

20. INDEPENDENT CONTRACTOR

Nothing contained in this Agreement is intended to, or shall be construed in any manner , as creating or establishing an employer/employee relationship between the parties. PD Lawn shall at all times remain an independent contractor with respect to the services to be performed under this agreement. The Client shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers’ Compensation Insurance, as the PD Lawn is an independent contractor. PD Lawn will determine the method, details, and means of performing the services described in this Agreement, including the determination of the need for and hiring of personnel at PD Lawn’s own expense. The Client may not control, direct, or otherwise supervise PD Lawn’s personnel in the performance of those services. PD Lawn will supply all tools, equipment, and supplies required to perform the services under this Agreement.

21. LIMITATION OF LIABILITY

Parties agree that PD Lawn’s Liability for any disputes arising from or relating PD Lawn’s provision of service for the client, any and all billing disputes and/or any other disputes that may arise between the Parties, shall be limited to the total annual amount paid by Client to PD Lawn for services rendered during the calendar year in which any such dispute arises. Further, PD Lawn shall not be liable for any special or consequential damages alleged by Client arising from or relating to PD Lawn providing services under this Agreement. Warranty: EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES TO BE PROVIDED UNDER THIS AGREEMENT ARE FURNISHED AS IS, WHERE IS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

22. GOVERNING LAW

The parties to this Agreement understand and agree that the provisions herein, shall, between them, have the effect of law, but in reference to matters not provided herein, this Agreement shall be governed by and construed in accordance with the laws of the State of Missouri.

23. ARBITRATION

The Client and PD Lawn agree that all matters in dispute between them arising from or relating to PD Lawn’s provision of services, including but not limited to (i) any controversy or claim between them arising out of or relating to this Agreement and/or the services provided hereunder, (ii) any damage to structures caused by machinery or (iii) loss or damage to the described property in any way, any such dispute or controversy whether by virtue of contract, tort or otherwise, shall be adjudicated and settled exclusively by arbitration. Such arbitration shall be conducted before the American Arbitration Association ("AAA") in the St. Louis Metropolitan area in accordance with the Commercial Arbitration Rules then in force or the federal rules of evidence, whether or not set out by statute. The arbitrator shall give effect to any and all waivers, releases, disclaimers, limitations, and other terms and conditions of this Agreement and the arbitrator shall have the power and authority to determine the arbitrability of any disputes and/or controversies arising under this Agreement or PD Lawn’s provision of services hereunder. Therefore, the arbitration award and the arbitrator shall not have the power or authority to hold PD Lawn responsible or partly responsible for (i) the repair or replacement of any damaged structure (ii) loss of anticipated rents and/or profits or loss of quite enjoyment or (iii) direct, indirect, special, incidental, consequential, exemplary, or punitive damages. Each party shall be responsible for paying its own attorneys' fees and expert witness fees. All expenses incurred by the arbitrator and the arbitrator's fee shall be divided equally and paid by the Parties. Any award of damages pursuant to such arbitration shall be included in a written decision, which shall state the reasons upon which the award was based, including all the elements involved in the calculation of any award of damages. The decision of the arbitrator shall be a final and binding resolution of the disagreement and/or dispute, which may be entered as a judgment by any court of competent jurisdiction. Each Party consents and submits to the personal jurisdiction and venue of the courts in which the Client’s property is located for purposes of Arbitration. Neither Party shall sue the other Party with respect to any matter in dispute between the Parties other than for enforcement of this arbitration provision or of the arbitrator's decision and a Party violating this provision shall pay the other Party's costs including, but not limited to, reasonable attorneys' fees and expenses incurred with respect to such suit and the arbitration award shall so provide. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY BOTH PARTIES.

24. CLASS ACTION WAIVER

TO THE FULLEST EXTENT PERMITTED BY LAW, CLIENT HEREBY WAIVES, WITH RESPECT TO ANY DISPUTE ARISING FROM PD LAWN’S PROVISION OF SERVICES HEREUNDER AND ALL MATTERS RELATED THERETO: (1) THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER, AND (2) THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON OR BUSINESS. IN THE EVENT CLIENT VIOLATES THIS CLASS ACTION WAIVER AND PD LAWN INCURS ATTORNEY'S FEES AND COURT COSTS AS A RESULT THEREOF AND/OR TO ENFORCE THIS CLASS ACTION WAIVER, CLIENT SHALL PAY ALL REASONABLE ATTORNEY'S FEES INCURRED BY PD LAWN CARE THEREIN.

25. CANCELLATION

Either Party may cancel this Agreement at any time upon thirty (30) dayswritten notice and, upon such cancellation, Client shall be responsible for paying all charges
for services provided by PD Lawn prior to the notice of cancellation.

26. THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH
MAY BE ENFORCED BY THE PARTIES

FAQs

Your Pest and Lawn Care Questions Answered

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