Service Agreement (Pest Control)

for Your State

Contract between a home or business owner and an individual or company who renders pest control services. It sets out the specific services to be done, location, dates and time for the services and if the services are ongoing.

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This Pest Control Services Agreement is between a contractor/exterminator and a client for the performance of pest control services. It is important that the specific terms of this type of business arrangement be set out in writing. This agreement is for use on a one-time project or for ongoing services and sets out that an employer/employee relationship is not created. A written Pest Control Service Agreement will be helpful in the event of disagreements or misunderstandings.

Among others, these important provisions are included in this agreement:
  • Parties to the Agreement: This provision contains the names of the parties entering into the agreement;
  • Services and Service Warranty: This provision sets out the specific type of services to be performed, the pests to be controlled, the treatment plan and the warranty guarantee;
  • Client Preparation and Maintenance: These provisions specify any preparations the client must take and the maintenance client must maintain to reduce infestation;
  • Time of Completion: This provision sets out the timeframe for completion of the services;
  • Payment: This provision specifies the manner of payment.

Protect Yourself and your Property by using our professionally prepared up-to-date forms.

This attorney-prepared packet includes:
  1. General Information
  2. Instructions and Checklist
  3. Step-by-Step Instructions
  4. Pest Control Service Agreement for your state
State Law Compliance: This form complies with the laws of your state
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.













Pest Control Service Agreement







This Packet Includes:
1. General Instructions & Checklist
2. Information
3. Step-by-Step Instructions; and
4. Pest Control Service Agreement








General Instructions & Checklist
 Pest Control Service Agreement




   Both the client and contractor must sign the Agreement.  Because both parties will want to retain an original, two originals should be signed.

  The Agreement should be signed at the beginning of the term of service.

  This form should not be used if the contractor is considered an employee of the client.

  If you like, you can erase the italicized statements on the Agreement.  These are just instructions to help you complete it.

  These forms are not intended to be and are not a substitute for legal advice. These forms should only be a starting point for you and should not be used or signed before first consulting with an attorney to ensure that they address your particular situation. An attorney should be consulted before negotiating any document with another party.

 The purchase and use of these forms is subject to the “Disclaimers and Terms of Use” found at findlegalforms.com.







Information
Pest Control Service Agreement




A Pest Control Service Agreement is an agreement between a contractor or exterminator who will provide pest control services and a client.  A service agreement is helpful because it provides the terms and conditions of the arrangement.  What type of pests will be controlled?  Are there any specific infestations or problems areas which need extra attention?  How much will the exterminator be paid?  When should the project be completed?  How will the arrangement end?  These are all questions that will be answered in the service agreement.  In addition, the service agreement will reaffirm that an employer/employee relationship is not created.  

The following service agreement can be used for a one-time project or for on-going services.  In a few cases, you will need to choose the provision that applies to your situation.  

Employment relationships are governed by both federal and state law.  Many of the state laws differ dramatically, therefore the client and the contractor should become familiar with the laws of their specific state and the federal government before entering into this type of arrangement.  In addition, before using the form you should always consult with your attorney to ensure that it addresses you specific situation.






Step-by-Step Instructions
Pest Control Service Agreement

   The following instructions will walk you through each provision to help you fully understand the terms of your agreement.  The numbers below correspond with the respective provision within the Agreement.

   Heading: Fill in the date that the Agreement is being entered into, and the name of each party (the Contractor, and the name of the Client).

   Section 1: Services. Describe the extermination services that the Contractor will be providing.

   Section 2: Service Warranty. Here, the Contractor may guarantee his/her/its services for a period of time after completion.  The Contractor may also specify the cost, if any, of additional inspections and treatments.  This provision states that the services shall be performed in such a manner as to efficiently eradicate pests, while also complying with federal, state and city safety regulations.

   Section 3: Limitation on Liability. Here, the Client consents to the Treatment Plan, and agrees that he/she/it understands the Treatment Plan. This provision also states that the Contractor is not liable for possible poisoning or persons, pets or wildlife as a result of the pest control services, nor for any pest-related stings, bites or other injury.  Neither is the Contractor responsible for property damage caused by the pests.  

   Section 4: Client Preparation. Here, the Contractor may specify the steps that Client will need to take in order to prepare for the pest control services, such as allowing access to the premises, disclosing any structural deficiencies or hidden areas, and removing pets.

   Section 5: Client Maintenance. Here, the Contractor may specify the steps that Client will need to take in order to maintain the premises so as to maximize the pest control services, such as ridding the premises of standing water, remedying any structural defects which may contribute to infestation, and baiting traps.  Failure by the Client to take such steps may void any warranties.  

   

Section 6: Time of Completion. Fill in the start date of the services, and whether the Agreement is for a one-time project or ongoing.  If ongoing, specify the frequency of the services and if they should be performed on a specific day at a specific time.



   Section 7: Payment. Fill in the amount the Contractor will be paid for a one-time project or, if an ongoing service, per month, quarter, or session.  Specify when the payments will be made, e.g., at the end of the month, quarter, or session, and whether the payment will be in the form of cash, check or credit card.

   Section 8: Other Expenses. Set forth all of the expenses, if any, for which the Contractor will be reimbursed.

   Section 9: Term. Fill in the service start date, and whether the Agreement is for a one-time project or ongoing.  If ongoing, this provision explains that the Agreement is terminable at will by either party upon written notice.

   Section 10: Notice.  Fill in the mailing address of each party to be used for written notice.  

   Section 11: General Provisions.

   Subsection (a): This subsection states that the services shall be performed in a good and workmanlike manner, and shall comply with all building codes and other applicable laws.  Generally, workmanlike manner means doing the work in an ordinary skilled manner as a skilled workman would perform the work.

   Subsection (b): This subsection states that the Contractor and his/her/its employees or agents are licensed and therefore authorized to perform the extermination services.

   Subsection (c): In this subsection, the Contractor warrants that he/she/it carries insurance to cover injuries to himself/herself/itself, his/her/its employees, and others who are injured or who suffer loss as a result of the Contractor's or his/her/its employees' acts.

   Subsection (d): This subsection states that in the event the Client fails to make any payments, the Contractor can cease performance of the services without breaching the Agreement, pending payment or a resolution of the dispute.

   

Subsection (e): This subsection states that the Contractor shall not be liable for any delay or nonperformance of the services, so long as the delay or nonperformance is not due to circumstances within his/her/its control.



   Subsection (f): This subsection reaffirms that the Contractor is an independent contractor.  This is an important distinction for the purposes of tax status, insurance and liability.  During the employment relationship both parties should be careful to keep this distinction clear.  It is recommended that the parties review the rules set forth by the IRS on this subject and also any state laws that may apply.

   Subsection (g): If either party chooses to modify this Agreement in any way, this subsection states that the modification must be put in writing and signed by both parties.

   Subsection (h): This subsection specifies the state whose laws shall be used to interpret the Agreement.  Generally, this will be the state where the pest control services are being performed.

   Subsection (i): This subsection states that neither the Client nor the Contractor may assign any rights or duties under the Agreement to a third party, without the consent of the non-assigning party.

   Subsection (j): This subsection states that the headings used to describe each provision are not to be used in any determination as to the meaning of the provision itself.  Rather, the headings are for the parties' convenience only.

   Subsection (k): This subsection specifies that the Agreement is considered the complete agreement between the parties. Any prior agreements are invalid.  

   Subsection (l):  This subsection states that if one or more provisions of the Agreement is deemed unenforceable (e.g., by a court), that provision is severable from the rest of the Agreement, and the remaining provisions shall remain binding and enforceable on the parties.  

   Subsection (m):  This subsection states that if one party breaches the Agreement, and the non-breaching party seeks enforcement of the Agreement in a court or other forum, the party who breached the Agreement shall pay all reasonable attorneys' fees and costs incurred by the non-breaching party.

   Signature Block.  Each party should sign and date two original Agreements.  Each party should retain an original for their reference.







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Pest Control Service Agreement


This Pest Control Service Agreement (the “Agreement”) is dated as of ________________________, 20____, by and between __________________________________________________ (“Contractor”) and ______________________________________________ (“Client”) (collectively the “Parties”).

The Parties agree as follows:

1.   SERVICES:  Contractor will perform the pest control services described below (the "Services"):  (check all that apply)

   Conduct initial inspection of visible or accessible areas, with special attention to be paid to the following problem areas:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
(specify any areas of infestation on the premises)

   Pests to be controlled:
Ants        Bees      Yellow Jackets   
Wasps      Termites      Wood Beetles   
Spiders      Roaches      Bed Bugs     
Fleas      Earwigs       Ticks   
Silverfish   Mice      Rats
Other_____________

   Treatment Plan:
Spray         Hive/Nest Removal
Baits         Soil Treatment   
Foundation        Wood-Treating     
Other_____________

   Additional details/services: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
(attach an appendix if you require more space to detail services)

2.   SERVICE WARRANTY: Contractor guarantees his/her/its services for a period of ____ days from the last date of service, during which time re-inspection(s) and additional treatment(s) will be provided at a cost of_________________Dollars ($__________).  All labor and materials will be furnished to provide the most efficient pest control and maximum safety required by federal, state and city regulations.  (optional)

3.   LIMITATION ON LIABILITY:  Client consents to and understands the Treatment Plan, and Contractor is not responsible for the possible poisoning of persons, pets and/or wildlife as a result of the pest control services performed by Contractor, or as a result of any pest-related bites, stings or other injury.  Contractor is not obligated to repair, replace or correct any damage to property caused by the pests.  (optional)

4.   CLIENT PREPARATION:  Client agrees to prepare for the pest control services described above as follows: (optional)

   Provide access to the premises: (Exterior; Interior;Other______)
   Disclose structural deficiencies and/or hidden areas:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
(specify here)
   Remove pets
   Other:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
(attach an appendix if you require more space)

5.   CLIENT MAINTENANCE:  Client agrees to maintain the premises in the following manner so as to maximize the effectiveness of the pest control services provided and reduce infestation.  Lack of maintenance can result in the failure of treatment and may void any warranties:  (optional)

   Bait traps
   Rid premises of standing water
   Remedy structural deficiencies
   Other:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
(specify additional details here)

6.   TIME OF COMPLETION:  (Mark the applicable provision):

   The services described above shall be commenced on or before _________________, 20__, and shall be substantially completed by ______________________, 20__.  Time is of the essence.  (more appropriate for one-time service)

   The services described above are ongoing, and shall be completed _______________ (e.g. monthly, bi-monthly, quarterly, semi-annually, annually, etc.), commencing on ________________, 20__.   The services shall be performed on          (insert day of the week) between the hours of _____a.m./p.m. and _____a.m./p.m. (more appropriate for on-going service).

7.   PAYMENT:  (Mark the applicable provision):

   Client shall pay Contractor for Services the sum of
________________________Dollars ($__________).  (This is more appropriate for a one-time project)

   Client shall pay Contractor _____________________Dollars ($__________) per ___________.  ( e.g. month, quarter, per session, etc.--this is more appropriate for ongoing services)

The payments shall be paid in the following manner: _______________________________________________________________________________________________________________________________________________________________________________________________________________
(Describe when and how the payments will be made.  Will the payments be made monthly, quarterly, at the completion of the project, etc.?  Will the payments be in the form of cash, check, or credit card?)

8.  OTHER EXPENSES:  The Client shall reimburse the Contractor for the following expenses only:____________________________________________________________ ________________________________________________________________________________________________________________________________________________(If none, write “none.)

9.  TERM:  

   The term of this Agreement shall begin on          , 20   , and shall expire on             , 20   .  (more applicable for one-time services)

   The term of this Agreement shall begin on          , 20   , and shall continue until terminated by either Party. Termination requires the terminating Party to give prior written notice to the non-terminating Party. (more applicable for ongoing services)

10.  NOTICE:  Any notice required to be given to either Party under this Agreement shall be sent via registered U.S. Mail to the appropriate address below:
   
If to Client:
                                                                                    
If to Contractor:
                                                                                    

11.  GENERAL PROVISIONS:

(a)   All work shall be completed in a good and workmanlike manner, and, if applicable, in compliance with all building codes and other applicable laws. 

(b)   To the extent required by law all work shall be performed by individuals duly licensed and authorized by law to perform the work.

(c)   Contractor warrants that he/she/it is adequately insured for injury to his/her/its employees and others incurring loss or injury as a result of the acts of Contractor or its employees.

(d)   In the event Client shall fail to pay any periodic or installment payment due hereunder, Contractor may cease work without breach pending payment or resolution of dispute.

(e)   Contractor shall not be liable for any delay or nonperformance due to circumstances beyond his/her/its control.

(f)   Contractor is an independent contractor and not an employee of Client.

(g)   Any changes to this document must be signed by both Contractor and Client.

(h)   This Agreement shall be construed in accordance with the laws of the state of   .        

(i)   Neither the Client nor the Contractor may assign this Agreement without prior written consent from the non-assigning party.

(j)   The headings of the sections herein are for convenience only, and shall not affect the meaning of the provisions of this Agreement.

(k)   This Agreement constitutes the entire agreement between the Client and the Contractor, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement.  There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.

(l)   If any part of this Agreement is deemed invalid, illegal or unenforceable, the remaining provisions of the Agreement will remain valid and enforceable as to both parties.

(m)    In the event that it becomes necessary to enforce any of the terms of this Agreement, the defaulting party agrees to pay all reasonable attorneys' fees and costs incurred therein.

IN WITNESS WHEREOF the Parties have executed this Agreement on the date first written above.

CLIENT:                  CONTRACTOR:
_______________________________      ______________________________
Signature                  Signature

_______________________________      ______________________________
Name (please print)               Name (please print)

_______________________________      ______________________________
Title (if applicable)               Title (if applicable)
Number of Pages12
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33504

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