1. LIMITATION OF LIABILITY: The liability of NATUREPEST for treatment, re-treatment, or claims arising out of or relating to the interpretation, performance, or breach of this AGREEMENT or any claim for damages under statute or common law injury caused by performance, and/or negligence or any other tort claim in the inducement or performance of the AGREEMENT, shall not exceed the cumulative aggregate sum of the annual value of this AGREEMENT. In no event shall either party be liable to the other for indirect, special, or consequential damages including, but not limited to, diminished resale value of a home, punitive damages, attorneys’ fees, or loss of anticipated profits.

2. SERVICE: NATUREPEST will schedule one service and schedule additional treatments as deemed necessary or requested by the Customer. A scheduled service period will be established between NATUREPEST and the Customer for the service and customer agrees to make the premises available for service as required.

3. TERM: Customer acknowledges that this agreement shall be for an initial term of 30 Days and shall continue thereafter at the same frequency unless written notice is given by either party (30) days prior to anniversary date. ). If Customer fails to cancel service prior to thirty (30) days before the next scheduled service, one regular service charge will be assessed.

4. LATE PAYMENT: lf Customer fails to make a payment within 30 days from the service date, NATUREPEST at its option may discontinue to service and start collection proceedings. Upon failure to make such payments, the customer agrees to pay all cost of collection, including a reasonable attorney’s fee. Customer assumes full financial responsibility for services rendered. Customer agrees to pay interest on all amounts 30 days past due at the rate of one and one-half percent (11/2%) per month (18% per annum)

5. INTERIOR SERVICE: Customer is aware that NATUREPEST regular services will be performed on the outside of the home only. If Customer experiences any pest problems on the inside of the home, NATUREPEST will perform necessary interior treatments on or between regular services at no additional charge. Service neither guarantees, nor provides any control for stored product pests, flying insects, bedbugs, fleas, ticks, vertebrates, or any stinging, biting insect. Will strive to treat the interior of your home with baits, gels, and other non-spray products to the extent possible. If necessary, NATUREPEST will utilize spray products at its discretion to control the serviced pests.

6. EXTERIOR SERVICE: Exterior service is intended to treat general household pests, it is not intended to treat lawn and ornamental pests, fire ants or any deceases.

7. LAWNS, SHRUB, PALM & TREE Treatments are for sucking, chewing insects only. Services not treat or prevent Butt Rot, Viruses, Vascular Diseases Or MLO Diseases. In no event will NATUREPEST be responsible for consequential damages or loss of use of property.

8. MOSQUITO REDUCTION: Mosquito Misting System and Mosquito Barrier Service Does not eliminate mosquitoes, only reduces populations of mosquitoes and does not treat or prevent mosquito-borne disease. Nor does it prevent mosquito bites.

9. INSPECTION AND EXISTING DAMAGE. NATUREPEST is not responsible for pre-existing lawn and/or ornamental conditions, diseases, infestations, or other circumstances that may adversely affect the health of the plant(s). Plant health and vitality is affected by many components, including nutrition, irrigation, trimming/mowing, and natural conditions and, therefore, the proper care of those plants is affected by NATUREPEST, the BUYER, and Mother Nature. At times, NATUREPEST may recommend to the BUYER that he/she alter his/her cultural practices relative to his/her lawn and/or ornamental plants as part of the overall lawn and/or ornamental program. BUYER agrees to implement recommendations in his/her partnership with NATUREPEST.

10. ADDITIONS AND ALTERATIONS. If the BUYER elects to alter and/or add grass plants, ornamentals, or palms to his/her property, then NATUREPEST may, at its discretion, increase the monthly charges in order to accommodate additional labor and materials required to care for those alterations/additions.

11. PLANT REPLACEMENT. NATUREPEST’s mission is to assist BUYER in keeping his/her greenscape in a healthy condition. But, nature and external conditions, as well as life factors, can affect the longevity of BUYER’S greenscape. NATUREPEST is not responsible for any sod, tree, or ornamental replacement. Control of grassy weeds, nematodes, vertebrate pests, crab grass, and weed treatment in Bahia grass are not included. Due to the nature of the whitefly, NATUREPEST does not guarantee existing leaf drop due to pre-existing whitefly activity.

12. NOTICE REGARDING NITROGEN BLACKOUT PERIODS. Some municipalities have mandated a blackout period for the use of nitrogen on turf grass, shrubs, and trees. Please be advised that NATUREPEST honors all city, county, and state fertilizer ordinances with the use of supplemental products to help keep Buyer’s landscape healthy.

13. CUSTOMER OBLIGATIONS: Customer understands that results of service are relative to and dependent upon the cooperation of the Customer as to housekeeping, sanitation, maintenance, and accessibility of areas to be serviced. Customer agrees to cooperate with as reasonably necessary to facilitate treatment and control. Customer agrees to assist in correcting existing and potential conditions, such as sanitation and corrective construction measures, in order to prevent pest infestation. This includes, but is not limited to, keeping gutters and drains clean, cleaning debris from trash areas, repairing plumbing leaks, etc… Failure of Customer to take necessary steps to correct such conditions will relieve NATUREPEST of its obligations under this Agreement.


15. SERVICE EXCLUSION: Customer understands that this Agreement does not include the control or prevention of wood infesting organisms such as termites, powder post beetles, wood corers, ants, bees, wasps, wood decay fungus, or bedbugs. Customer understands that it does not include treatment for any mold or mold-like conditions, which is outside the scope of the intended treatment. NATUREPEST cannot guarantee against re-infestation of pests from neighboring areas nor does NATUREPEST guarantee complete elimination of pests and does not guarantee against re-infestation between service intervals.

16. WAVIER: Customer expressly releases and waives all liability claims against for compensation, re-treatments or repairs for past, present, or future insect or rodent damage to the structure or its contents, personal injury or damages arising from biting or stinging pests, or contact with any product used by NATUREPEST at the service address.Customer waives any claim for damage or Injury unless made in writing within one (1) year of treatment or incident.

17. ACTS OF GOD AND OTHER EVENTS. Certain events beyond NATUREPEST’s control may affect NATUREPEST’s ability to perform obligations provided for under this AGREEMENT. These events include, but are not limited to heavy rain, strong winds, hurricanes, extreme temperatures, acts of governmental authorities, or any other acts of God, or circumstances or causes beyond the control of NATUREPEST. NATUREPEST shall have no liability if, at its discretion, it becomes necessary to postpone, cancel, or terminate treatment as a result of such events.

18. MEDIATION/ARBITRATION: BUYER and NATUREPEST mutually agree that any dispute or controversy arising out of or relating to: (1) this AGREEMENT, (2) any treatment or service rendered by NATUREPEST, or (3) any damage or injury to person or to property, whether direct, incidental, or consequential, allegedly caused by NATUREPEST shall be settled and resolved exclusively by arbitration. It is further agreed there shall be no class actions or joinder brought through the arbitration or any other proceedings. As a condition precedent to any action, the parties shall engage in a mediation and each party shall bear their own costs. The mediation shall be non-binding. It is further agreed there shall be a single neutral arbitrator, and the National Arbitration Forum (“NAF”) shall conduct the arbitration under its rules. If the NAF is not available, the American Arbitration Association may conduct the arbitration under its own rules. Discovery shall be permitted as provided under the State Rules of Civil Procedure, except discovery shall not be permitted as to transactions with other customers. The arbitrators must apply all legal and equitable defenses. The arbitrator shall not have the authority to award indirect, special, or consequential damages including, but not limited to, diminished resale value of a house, building, or its contents, loss of use, lost anticipated profits, punitive damages, or attorney’s fees, such damages being specifically waived. Any award of damages shall include a written decision that states reasons upon which the award is based, including all elements involved in the calculation of any award of damages. Either party may appeal the arbitrator’s award to any court of competent jurisdiction. The court having jurisdiction over the appeal may adjudicate any issues as if the matter had been an appeal from a court of law or equity.

19. ENTIRE AGREEMENT. This AGREEMENT, including any attached graphs, specifications, and checklists, constitutes the entire AGREEMENT between the parties, and may not be varied, altered, or modified in any way except by written agreement between the parties and approved in writing by a NATUREPEST corporate officer. No verbal changes in the terms of the AGREEMENT or verbal approval of deviations from performance of this AGREEMENT shall be permitted. Any provision deemed unlawful shall be considered severed. The parties agree this is an arms-length transaction and neither intends to create a fiduciary relationship.

20. NOTICE TO NATUREPEST. Any disputes or claims under this AGREEMENT must be made promptly in writing to NATUREPEST P.O. Box 972737, Miami, Florida 33197-2737, during this AGREEMENT term or any approved extension. The BUYER agrees not to file any action against NATUREPEST without allowing NATUREPEST to first enter and re-inspect the property. The BUYER also agrees not to file any action unless the BUYER files it within one (1) year after sending a written claim.