Customer Acknowledgements: The Customer understands that the results of the service are relative and warrants full cooperation with the Company during the life of this agreement and agrees to maintain the treated area free from any condition that may contribute to infestation by subterranean termites. Such conditions include, but are not limited to, excessive moisture (from faulty plumbing, improper drainage, improper grading, etc.), firewood, trash, lumber, wood or cellulose material found to be in direct contact with the ground gathered around the home in crawl spaces, or areas directly adjacent to home. Installation of landscaping or landscaping mulch adjacent to the foundation after the termite treatment is performed that are installed in a way that treated soil area is disturbed or excessive layers of mulch are installed, must be retreated in order to provide termite control. Additional treatments required to maintain proper termite coverage, as deemed necessary by Company, resulting from Customer alteration of soil or otherwise disrupting Company’s initial termite treatment, will be at an additional charge to the monthly/annual contract renewal fee. Retreatment of landscaped areas will be determined to be necessary if live active termites are detected in that zone. Failure by the Customer to maintain the treated area free from conditions contributing to infestations constitutes a breach of this contract and voids all guarantees herein. Customer agrees to notify Company within 7 days of any signs of termite infestation or reinfestation. The Customer agrees that any additions or alterations to the structure covered by this contract during the guarantee period shall not be covered by this guarantee, unless such addition is treated by the Company and the cost of the treatment paid by the Customer. The Customer agrees to notify the company if any additions or alterations are made to the structure. The Customer agrees to make accessible all areas of the structure requiring treatment or inspection for as long as this contract is in force. Any areas that are deemed inaccessible by the Company are excluded from this contract. 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 Company as reasonably necessary to facilitate treatment and control. An up to $50 fee will be applied to any service canceled within 24 hours of the scheduled appointment time.

Treatment/Re-treatment Contract: This contract covers original treatments and any subsequent needed treatments for control of subterranean termites as long as contract renewal fees are paid, and contract renewal is mutually agreeable to both Company and Customer. Company shall not be responsible for damage caused by subterranean termites prior to the original treatment, at any time during the life of this contract, or at any point in the future. Readily accessible and visible damage may be indicated on the Initial Termite Inspection Report (Pg. 2) which relates to this contract’s “service address”. Also, Company shall not be responsible for any damage that exists in any inaccessible area or hidden area prior to any treatments being performed or even if said damage is discovered after treatment has been performed or at any point in the future. If readily accessible and visible damage is documented, then it must be assumed that there is the possibility of hidden damage. This agreement and warranty may be transferred to subsequent owners of property for no additional charge within one (1) year of previous annual inspection any time pending approval from Company representative.

Damage Contract: This contract, as specified in the accompanying quote, includes initial termite treatments and any necessary follow-up treatments for the control of subterranean termites, contingent upon the timely payment of renewal fees and mutual agreement on contract renewal by both the COMPANY and the CUSTOMER. Timely completion of annual inspections, no more than 30 days before or after the date of original treatment, and payment of renewal fees is required to activate the damage warranty. As a condition precedent to the activation of this Termite Damage Warranty, the Property Owner acknowledges and agrees that a deductible in the amount of Two Thousand Dollars ($2,000.00) shall apply to any claim for damages alleged to have been caused by termites. The Company shall have no obligation to repair, replace, or reimburse for any such damages unless and until the Property Owner has satisfied the deductible in full. The deductible shall be applied on a per-claim basis, and the Company’s liability, if any, shall be limited to amounts in excess of the deductible, subject to the terms, conditions, limitations, and exclusions set forth herein.

Upon successful termite control, as determined by the COMPANY (a period not less than 90 days and not more than 180 days from the initial treatment date), if a re-infestation of subterranean termites occurs and new damage is discovered, the COMPANY will repair or replace or offer to reimburse repair of the new damage at no additional cost to the CUSTOMER, up to a maximum limit of $15,000. “New damage” is defined as damage that was not present at the time of the initial treatment or during the initial one year period, and is confirmed to be infested with live, active termites at the time it is identified. Damage will only be covered if occurred within five (5) feet of live termites, found by Catchy representative at the time of the inspection. The Damage portion of this warranty is only activated after one (1) year time passes from the initial treatment of property. Damage from termites entering structure through wood to ground contact is not covered.  

Furthermore, Customer agrees to maintain the structure and surrounding area (within 10 ft from the base of the structure) free from any condition that may contribute to infestation by subterranean termites. Such conditions include, but are not limited to, excessive moisture (from faulty plumbing, improper drainage, improper grading, etc.), firewood, trash, lumber, wood or cellulose material found to be in direct contact with the ground located around the home in crawl spaces, or areas directly adjacent to home. Installation of landscaping or landscaping mulch adjacent to the foundation after the termite treatment is performed that are installed in a way that treated soil area is disturbed or excessive layers of mulch are installed, must be retreated in order to provide termite control. Additional treatments required to maintain proper termite coverage, as deemed necessary by Company, resulting from Customer alteration of soil or otherwise disrupting Company’s initial termite treatment, will be at an additional charge to the monthly/annual contract renewal fee. Failure by the Customer to maintain the treated area free from conditions contributing to infestations constitutes a breach of this contract and voids all warranties herein. Customer agrees to notify Company within 7 days of any signs of termite infestation or re-infestation. The Customer agrees that any additions or alterations to the structure covered by this contract during the guarantee period shall not be covered by this guarantee, unless such addition is treated by the Company and the cost of the treatment paid by the Customer. The Customer agrees to notify the company if any additions or alterations are made to the structure. The Customer agrees to make accessible all areas of the structure requiring treatment or inspection for as long as this contract is in force. Any areas that are deemed inaccessible by the Company are excluded from this contract.

The Inspection Report or Graph accompanying this contract will detail any existing damage at the time of initial treatment. Customers must report any new damage to the COMPANY before initiating repairs. The COMPANY must be permitted to inspect and verify the damage for which the claim is being made, and determine whether it occurred after termite control was deemed achieved.

The COMPANY retains the right to conduct repairs and replacements using its own personnel or a building contractor of its choice. No reimbursements will be made for any repairs completed without prior inspection and approval by the COMPANY. The COMPANY may take up to 60 days to inspect and assess reported damages from the date of notification by the CUSTOMER, and up to 180 days to complete necessary repairs. If at any time during the life of the contract, Company representative notates any conditions that may contribute to infestation by subterranean termites, as notated above, either during the annual termite inspection, or during any other general pest or other appointment, then the damage contract is rendered void and unenforceable. Company is not responsible for communicating said conditions to customer, but may notate it on appointment notes delivered via email. 

The COMPANY shall not be liable for any damage caused by subterranean termites that is not readily accessible and visible damage. If damage is not noted at the time of the initial inspection, even if it is not documented in the Wood Destroying Inspection Report, Treatment Proposal, or Quotation Graph, this does not imply that the damage or termite activity was not previously present in the structure. The COMPANY is not responsible for any pre-existing damage located in inaccessible or hidden areas, even if discovered post-treatment.

Service Schedule: Company will provide termite inspection service annually for twelve months or longer as specified under this agreement. This agreement does not guarantee, and Company does not represent, that covered insects will not return to the Property, nor does Company guarantee complete elimination of pests. Customer agrees to make the premises available for service. If no one is at the premises on the regular service day, Company will service outside and all other accessible areas. 

Payment: If Customer fails, for any reason, to make any payment within 30 days from the due date, Company, at its option may discontinue its services and start collection proceedings. Upon failure to make such payment, the Customer agrees to pay all costs of collection, including a reasonable attorney’s fee. Further, Customer agrees that if any of Customer’s payments become delinquent, Company is authorized to electronically debit any account that Customer has used for payment to Company or any account that Company has on record for Customer to make any such delinquent payment(s), according to the authorizations and conditions of Section 8 of Agreement. Company reserves the right to change the price of any service at any time without prior notice.

Waiver: customer expressly waives and releases Company from liability for any claim for personal injury (including stings, bites or illnesses) or property damage (to the structure or contents) caused by any pests listed or not listed on the Agreement. By entering into this agreement Customer waives rights to claim for damage to property, including pets, animals and plants, person, or injury unless made in writing within one (1) year of service/inspection or incident and damage created was from gross negligence on the part of Company. Except as otherwise prohibited by law, company disclaims and shall not be responsible for any liability for indirect, special, incidental, exemplary, punitive, stigma and/or loss of enjoyment damages. The obligation 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. § NC Waiver of Minimum Requirements includes additional terms of this agreement and in no way nullifies this section. 

Mandatory Arbitration: Company and Customer agree 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 which 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 (“AAA”), under the rules of 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 Sates federal judicial district in which Customer resides. AAA Rules and forms may be obtained and all claims shall be filed at any AAA office or at www.adr.org. Each party shall be responsible for paying its own attorneys’ fees, costs and expenses; the arbitration fees and arbitrator compensation shall be payable as provided in the AAA Rules. However, for a Claim of $15,000 or less brought by Customer in his/her/its individual capacity, if Customer so requests in writing, Company has the option to pay Customer’s arbitration fees and arbitrator compensation due to the AAA for such Claim to the extent they exceed any filing fees that the Customer would pay to a court with jurisdiction over the Claim. The arbitrator’s 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 foregoing prohibition on consolidated, class action and private attorney general arbitrations is an essential and integral part of this arbitration clause and is not severable from the remainder of the clause. The decision of the arbitrator shall be a 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, 9 U.S.C. Sections 1-16. Judgment upon the award may be 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 enforcement of this arbitration agreement or of the arbitrator’s 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 choose to have any disputes decided through arbitration. 

Chemical Information Warning: If you or any member of your household believes you have sensitivity to chemical odor or chemicals, Company recommends that you not have an initial or subsequent service performed at your premises until you have consulted with your family physician. At your request, Company will provide information about the chemicals to be used in treating the premises. NCDACS # 2592PW.

Automatic Payments: With Company’s Automatic Check and Automatic Card Options, following Customer’s Initial Service or Regular Services the Customer’s credit card, checking account, or bank check card will be automatically charged. If Customer has selected a monthly automatic option, after the Customer has paid for the first 2 services, the Regular Service Charge will be divided into monthly amounts and the prorated amount will be billed on the first day of each month, starting the month after the second treatment. In the Payment section of this Agreement, if either the Automatic Check Option or the Automatic Card Option has been selected, Customer authorizes Company to initiate debit entries against Customer’s credit card, checking account or bank check card account listed herein for the regularly scheduled services performed as listed in this Agreement and according to the terms and conditions of this agreement. Customer authorizes the credit card, the checking account or the bank check card company to accept any debit entries initiated by Company to be debited from the Customer’s account. Further, Customer authorizes the credit card, the checking account or the bank check card company listed in this Agreement to tender payment to Company for services rendered, when it is charged, and to post the payment to Customer’s account. Customer has the right to cancel this automatic payment authorization by submitting to Company written notice 30 days in advance of the intended termination of this authorization. This authorization will remain in effect until Company has received that written notification of termination. It is the Customer’s responsibility to copy or notify the credit card, the checking account or bank check card company if this authorization is canceled. Cancellation of the automatic payment authorization does not cancel this Pest Control Service Agreement or the Customer’s responsibilities there under.

Assignment: This Agreement may not be assigned in whole or in part by Customer. Customer agrees that Company may assign or subcontract all or any portion of this Agreement, as well as the Automatic Payment Agreement in Section 8 of this Agreement, without notice to Customer and any such assignee or subcontractor shall be entitled to the rights, benefits, privileges and protection afforded to Company under the terms of this Agreement.

NC WAIVER OF MINIMUM REQUIREMENTS: The North Carolina Department of Agriculture and Consumer Services requires acknowledgement of termite treatments not conforming to standards outlined in Chapter 34 of the Structural Pest Control Division Rules and Regulations. By completing termite services with Company, Customer acknowledges they have been furnished with this waiver and agrees to Company treating the property for termites independent from below mentioned standards. 

ENTIRE AGREEMENT: Customer acknowledges that the only terms and conditions of this agreement are those stated within this document and that there are no other terms, written or oral, or provisions which apply other than those printed herein. the company will complete on site inspections and email results via “Appointment Record” documents. These inspection results may affect the warranty if not addressed by the Customer. If any provisions or portions thereof, of this Agreement is found to be invalid or unenforceable, it shall not affect the validity or enforceability of any other part of this Agreement.