3409 Lenox Ctmobile, Al. 36695

Bugs “R” Us!!!

3409 Lenox CtMobile, Al. 36695

(251) 287-0426.

Commercial and Residential Pest Control Termite Damage Protection Agreement

Customer’s Information:Residence to be treated Information:

Name:______Name:______

Address:______Address:______

City:______State:____ Zip:______City:______State:_____ Zip:______

Phone:______Cell: ______Phone:______Cell:______

Email Address:______

Bugs “R” Us is hereby authorized to treat the premises described above for the control of Subterranean Termites with a liquid barrier treatment.

Effective with the date of initial treatment for one year thereafter, for the sum of $______, Bugs R Us will provide the treatment described above to the identified property to control or protect against subterranean termites(Reticulitermes spp., Heterotermes spp.) and Formosan Subterranean termites( Coptotermes spp.). This agreement does not cover any infestation of, or damage by, any other wood destroying organisms other than the contracted termite(s) indicated above. Failure to pay for the initial treatment will result in a mechanics lien being placed on the premises treated for the agreed amount of work performed.

Bugs “R” Us will extend service and re-inspect the structure annually for the purchaser for so long as purchaser may own the property for $______per year payable on or before the end of the previous annual period. After the third annual and each annual thereafter, Bugs “R” Us reserves the right to revise the annual renewal charge.

This agreement provides protection against NEW subterranean termite damage to the structure and contents, occurring subsequent to the effective date of this agreement. If new damage occurs during the term of this agreement, Bugs “R” Us will, upon notification and inspection, arrange for the necessary repairs or replacement by a contractor chosen by Bugs “R” US and paid the entire cost of labor and materials. New damage as defined as damage done by covered subterranean termites subsequent to the effective date of this agreement: the definition excludes damage existing at that date. Unless live termites are found in the damage area, the damage discovered is old damage and is not covered under this agreement. Repairs for new damage to commercial structures (including but not limited to multi-unit residential apartments, townhouses, and condominiums) are limited in the aggregate of $100,000.00 during the term of this agreement.

This agreement is void without an attached completed graph of the treated premises. This agreement covers premises diagramed on the graph as of date of actual agreement, and in event premises are structurally modified, altered or otherwise changed after date of initial treatment, this agreement and the guarantee issued shall terminate unless a prior written agreement shall have been entered into by purchaser for Bugs “R” Us to re-inspect premises, provide additional treatment and/ or adjust annual renewal fee. Upon transfer of ownership of identified property, the above protection plan can be continued upon request of new owner after payment of contract transfer fee. In the event the new owner fails to request transfer, the above protection plan will terminate automatically as of date of change of ownership.During the term of this plan, any further treatment found necessary by Bugs “R” Us will be performed free of charge. Bugs “R” Us will re-inspect the identified property annually or at any time the purchaser request it or Bugs “R” Us believes it is necessary.

You, the customer, may cancel this transaction any time prior to midnight of the third business day after the date of this transaction.The terms and conditions on the reverse side of this agreement including the mandatory arbitration agreement are part of this agreement.

Bugs “R” Us Representative:______Date: ______

Customer: ______Date:______

Terms And conditions:

1. It is agreed that under this contract, Bugs “R” Us is not responsible for the repair of visible damage as of the date of this contract except as such damage is described on the graph and for which a specific charge for the repair of same is made. It is possible that damage may as of the date of this contract, exists in unexposed areas of the structure or in areas which are inaccessible to the visible inspection. For this reason, Bugs “R” Us cannot guarantee that the damage disclosed by visual inspection of the premises (and which are indicated on the graph) represents the entirety of damage which may exists as of the date of initial treatment. It is specifically understood, therefore, that Bugs “R” Us shall not be held responsible for the repair of any damage which existed in areas or in structural member which were not accessible for visual inspection as of the date of this contract.

1. Specific Exclusions-The contract does not cover and Bugs R Us will not be responsible for:

1. Damage resulting from Moisture conditions, including but not limited to fungus, or mold whether visible or not;
2. Damage resulting from wood in direct contact with the soil, whether visible or not;
3. Damage resulting from Stucco, Synthetic Stucco, EIFS and or Rigid Foam Board and or expanded foam materials in contact with the soil and or covering interior or exterior foundation walls in such a way as to provide termites with hidden or protected access to the structure, whether visible or not;
4. Damage resulting from masonry failure or grade alternation(s);
5. Damage and or treatment caused by infested wood and or furniture introduced into the structure after initial treatment;
6. Personal expenses such as lodging, meals, transportation, etc. incurred as a result of treatment, re-treatment and or damage repair.

The specific exclusions are in addition to the other exclusions contained in this contract.

1. Transferability – This contract will terminate upon transfer of ownership of the described structure(s). However, Bugs “R” Us, at its discretion, may transfer the contract to a new purchaser provided the new purchaser signs a new contract, as purchaser, and as a new graph showing the condition of the structure(s) at transfer pays a fee to cover administrative cost of transfer.

1. Termination – Bugs “R” Us liability under this contract will terminate and Bugs “R” Us will be excused from the performance of any obligations under this agreement should (1) Customer allows another pest control operator and or company to treat the subject structure(s) during any term hereof, (2) Customer utilize any home remedy products, “do-it-yourself” products, over-the-counter products or any chemicals to eradicate termites that could cause a negative resolution reaction, or (3) Bugs “R” US be prevented or delayed from fulfilling its responsibilities under the terms of this contract by reasons or circumstances reasonably beyond Bugs “R” Us control, including, but not limited to, acts of any duty constituted government authority, strikes, acts of nature, or refusal of customer to allow Bugs R Us access to the structure(s) for the purpose of treatment or carrying out terms and conditions of this contract.

1. Except as otherwise prohibited by law Bugs “R” Us disclaims and shall not be responsible from any liability for indirect, special, incidental, consequential, exemplary, punitive, stigma and or loss of enjoyment damages. The obligations of Bugs “R” Us specifically 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.

1. Entire agreement. This agreement, these terms and conditions and the inspection graphs constitute the entire agreement between the parties and no other representations or statements, whether oral or writing, shall be binding upon the parties.

1. Mandatory Arbitration. Purchaser and Bugs “R” Usagree that any claim, dispute or controversy (”claim”) between them or against the other or the employees, agents or assigns of the other, and any claim arising from or relating to this agreement or the relationships that result from this agreement, including but not limited to any tort or statutory claim, shall be resolved by neutral binding arbitration by the American arbitration association, under the rules of the AAA in effect at the time the claim is filed ”AAA rules”. Any arbitration hearing at which the parties appear personally will take place at a location within the United States federal judicial district in which the purchaser resides. AAA rules and forms may be obtained and all claims shall be filed at any AAA office, or by calling 1-800-778-7879. Each party shall be responsible for paying its own attorney’s fees, cost and expense; the arbitration fees and the arbitrator compensation shall be payable as provided in the AAA rules. However, for a claim of $15,000.00 or less brought by purchaser in his/her/its individual capacity, if purchaser so requests in writing, Bugs “R” Uswill pay purchasers arbitration fees and arbitrator compensation due to the AAA for such claim to the extent they exceed any filing fees that the purchaser would pay to a court with jurisdiction over the claim. The arbitrators power to conduct any arbitration proceeding under this arbitration agreement shall be limited as follows: Any arbitration proceeding under this agreement will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or premises, and will not proceed as a class action or private attorney general action. The forgoing prohibition on consolidated, class action and private attorney general arbitrations is an essential and integral part of the arbitration clause and is not severable from the remainder of the clause. The decision of the arbitrator shall be final and binding resolution of the claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the federal arbitration act, 9u.s.c. sections 1-16. Judgment upon the award maybe entered in any court having jurisdiction. Neither party shall sue the other party with respect to any matter in dispute between the parties other than for the enforcement of the arbitration agreement or of the arbitrators’ award. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they to choose to have any disputes decided through arbitration.

1. Except as limited herein above, Bugs “R” Us and customer understand and agree (1) the each of them is waiving rights to seek remedies in court, including the right to a jury trial; (2) that pre-arbitration proceedings are generally more limited then indifferent from court proceedings; (3) the arbitrators award is not required to include factual findings or legal reasoning; and (4) either parties right to appeal or to seek modification of rulings by the arbitrators is strictly limited. The venue for arbitration or mediation shall be in the county of the customer’s residence.