LIMITS OF LIABILITY

Although Kill Shot Mosquito Control (KSMC) will exercise reasonable care in performing services under this Agreement, KSMC will not be liable for injuries or damage to persons, property, birds, animals, or vegetation, except those damages resulting from gross negligence by KSMC. Further, under no circumstances will KSMC be responsible for any injury, disease, or illness caused, or allegedly caused, by bites, stings, or contamination by insects or pests. Please consult your physician for any medical diagnosis, as KSMC representatives are not medically trained to diagnose insect or pest-borne illnesses or diseases. To the fullest extent permitted by law, KSMC will not be liable for personal injury, death, property damage, loss of use, loss of income, or any other damages, including consequential and incidental damages, arising from this service. KSMC's liability is limited to the labor and products necessary to help target mosquito infestations.

SEVERABILITY

If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions will remain in full force and effect.

BINDING ARBITRATION

The Customer and Kill Shot Mosquito Control (KSMC) agree that any controversy or claim between them arising out of or relating to the interpretation, performance, or breach of this Contract or the treatment of or rendering of services to the identified property in any way, whether by virtue of Contract, tort or otherwise, shall be settled exclusively by arbitration. The arbitrator shall be a licensed legal representative, independent, mutually agreed upon, and to the greatest extent possible, be knowledgeable in pest control and building construction matters by education, experience, licensing, and training to deal with the issues and claims presented. The arbitrator shall give effect to any and all waivers, releases, disclaimers, limitations, and other terms and conditions of this Contract. Neither party shall sue the other party with respect to any matter in dispute other than for enforcement of this arbitration provision or the arbitrator's decision. A party violating this provision shall pay the other party's costs, including but not limited to attorney's fees, with respect to such suit, and the arbitration award shall so provide.

GENERAL CONDITIONS:

1. ENTIRE AGREEMENT. The guarantee constitutes the entire Agreement between the Customer and Kill Shot Mosquito Control (the parties), and no other representation or statements will be binding upon the parties.

2. NOTICE OF CLAIMS AND ACCESS TO PROPERTY. Any claim for breach of this Agreement will be made immediately in writing to KSMC. KSMC is only obligated to perform under this Agreement, provided the Customer allows KSMC access to the property for any purpose contemplated by this Agreement, including but not limited to inspection.

A. KSMC agrees to provide services to control mosquitoes at the address indicated.

B. Customer agrees to make the place of service available for treatment and/or inspection as often as necessary to control mosquitoes.

C. This Contract does not provide for the repair of present or future damages to the service address, nor does it provide reimbursement for repair expenses allegedly arising from pest infestations.

D. In entering into this Contract, Customer waives all claims for damages to property or injuries to persons which may result directly or indirectly from work performed by KSMC.

3. DISCLAIMER.

A. Kill Shot Mosquito Control's (KSMC) liability under this Agreement will be terminated if KSMC is prevented from its responsibilities under this Agreement by reasons of delays in transportation, shortages of fuel and/or materials, strikes, embargoes, quarantine restrictions, weather, or any other act of God or circumstances of a cause beyond the control of KSMC.

B. KSMC disclaims any liability for special, incidental, or consequential damages. The guarantees in this Agreement are given in lieu of any other guarantee or warranties, express or implied, including any warranty or merchantability or for a particular purpose.

i. NON-PAYMENT: In the case of non-payment by the Customer, reasonable attorney fees and cost of collection shall be paid by the Customer, whether a suit is filed or not.

ii. LATE CHARGES: Any invoices not paid by you upon completion of the work or within 7 days after the completion of work will bear late charges (10% every ten days – 3 total late fee charges) until the invoice is paid. The accepted forms of payment are listed on this invoice.

iii. NO AFFILIATION. The Corporate party with whom the Customer has contracted is set forth opposite the Customer's signature on the reverse hereof. The Customer acknowledges that such corporate party is a corporation that is separate and distinct from any other entity who or which may perform or provide similar services and trade under the name Kill Shot Mosquito Control or a similar name.

iiii. If the initial plan period on the front of the Contract is not clearly selected, the initial service plan period will automatically default to one year. "If this Agreement was solicited at a residence and you do not want the goods or services, you, the Customer, may cancel this transaction at any time before midnight of the third business day after the transaction date.

C. ONE SHOT GUARANTEE: KSMC agrees to keep the treated location substantially free of the targeted pest for the term of this Agreement. There will be no extra charge for one re-servicing to the location, per retreatment period, during the retreatment period (14-28 days between scheduled services). This Contract is for 12 months and will automatically renew unless canceled in writing. The One Shot Guarantee only guarantees retreatment, and no monies paid will be refunded and is only included with recurring services, not one-time services.

D. CHEMICAL SENSITIVITY. Suppose the Customer or other Occupant(s) in or around the structure(s) believe they are or may be sensitive to pesticides/insecticides or their odors. In that case, the Customer must notify KSMC in writing before treatment and include information on whether the Customer or Occupant(s) have consulted with a licensed medical doctor or other healthcare providers regarding such sensitivity. KSMC reserves the right, upon such notification, to deny or terminate service. Failure to provide notification represents the Customer's assumptions of risk and waiver of claims against the Company in connection with any chemical sensitivity. You should receive an email and/or text confirmation on the day of service.

COST PER APPLICATION:

Depends upon the property size, foliage density, and type of service requested (one-time or recurring). The actual cost of your application(s) has been or will be mailed or emailed to you.

Terms & Conditions