Terms & Conditions

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TERMS AND CONDITIONS

AGREEMENT’S TERMS AND CONDITIONS 

LIZARD LICK PEST CONTROL, LLC SHALL BE REFERRED TO AS “LIZARD LICK PC” 

CHANGES AND MODIFICATIONS TO TERMS AND CONDITIONS.  LIZARD LICK PC may, from time to time and at its discretion, change or modify the terms and conditions as set forth below, as part of the agreement with the customer.  

CUSTOMER CONTACT INFORMATION/NOTIFICATION 

Customers shall maintain current contact information (phone address and email) with LIZARD LICK PC.  Notification of customer shall be deemed completed and effective upon LIZARD LICK PC sending the text at least 24/48 hours prior to the scheduled visit, door tag/paper notification, text, email or phone call to the customer. SMS and data charges may apply. Customer agrees to accept and pay all data and other charges incurred relative to communications sent by LIZARD LICK PC. 

CUSTOMER RESPONSIBILITY/PEST CONDUCIVE CONDITIONS

Customer’s preparedness and cooperation is critical to ensure the most effective results from LIZARD LICK PC’s service. Whenever conditions are conducive to the breeding and/or harborage of pests are reported by LIZARD LICK PC to customer, and the pest conducive conditions are not remedied by customer, LIZARD LICK PC cannot provide satisfactory service. Should additional or supplemental services be necessitated due to customer’s failure to remedy pest such conditions, additional charges shall be imposed, which customer agrees to pay.  Customers understand that the efficacy of LIZARD LICK PC’s service is dependent on the cooperation of the customer as to housekeeping, sanitation, maintenance, and accessibility to areas that are being treated with LIZARD LICK PC’s service. Customer agrees to cooperate with LIZARD LICK PC as reasonably necessary to facilitate the service and the remediation of pest conducive conditions.

SPECIALTY  PEST CONTROL SERVICES

LIZARD LICK PC will provide Pest Control Services (“service” or “services”) pursuant to this agreement, which includes and incorporates these terms and conditions and the Customer Initial Signed Agreement, consisting of monthly, bi-monthly or/and additional service treatments as deemed necessary by LIZARD LICK PC, or as requested by customer (additional charges may apply). A scheduled service day will be established between LIZARD LICK PC and customer, and customer agrees to provide access to the premises for the service to be completed. If the Premises are not available for service at the scheduled time and without cancellation, LIZARD LICK PC will not service the residence. The technician will leave a door notification of the missed appointment.  The customer agrees to pay the applicable charge of $50.00 (Fifty Dollars) for a “No Show” appointment and will be rescheduled to a later date and time. Although LIZARD LICK PC agrees to return and re-treat affected areas of the premises, LIZARD LICK PC cannot guarantee against infestation or re-infestation of pests from neighboring areas due to missed service visits.  LIZARD LICK PC does not guarantee or warrant the complete elimination of pests with respect to its service.

DISCLAIMER

LIZARD LICK PC’s obligation to provide service under this agreement shall be terminated if LIZARD LICK PC is prevented from the ability to provide the service.   LIZARD LICK PC shall further not be obligated to provide service if customer breaches this agreement, if customer fails to pay LIZARD LICK PC for any service that has been provided to Customer, and/or if customer otherwise fails to remedy any pest conducive conditions.    

INSECTS/ORGANISMS

This agreement provides for service treatment and/or service re-treatment for the pests that are exclusively and solely indicated in the “included insects” section of the Customer Agreement Form, or (if selected and paid for by customer) the pests that are indicated in the “Specialty and Commercial Pest Management” section of the Customer Agreement Form. 

ENTIRE AGREEMENT 

The Customer Agreement Form and these terms and conditions together constitute the entire “agreement” between Customer and LIZARD LICK PC, and no other representations or statements, whether oral or written, shall be binding upon the parties (customer and LIZARD LICK PC).  Absent written instrument signed by both parties hereto, the agreement cannot be amended or modified.

TERM 

After the initial term of service (30 day term) (see Customer Agreement Form), this agreement is automatically renewable on a regular basis, conforming to the original interval specified in the Customer Agreement Form.  This agreement can be canceled any time after its initial term by either party. Customer agrees to pay the remaining balance of the initial term if the customer cancels the agreement prior to the expiration of the initial term. LIZARD LICK PC reserves the right, after the initial term of the agreement to increase the charges for the service.  

NON-PAYMENT/DEFAULT/SURVIVAL OF OBLIGATIONS IN FAVOR OF LIZARD LICK PC. The obligation of LIZARD LICK PC to provide service is conditioned upon payment in full of the initial charge and all regular service charges, and failure to pay such charges by customer shall cancel this agreement in its entirety and discharge LIZARD LICK PC of any liability whatsoever relative to the provisioning of services, and any amount paid by customer to LIZARD LICK PC shall become the property of LIZARD LICK PC without claim or recourse by customer.  Any payment obligations owed by the customer to LIZARD LICK PC for services that have been provided to the customer shall survive the termination or cancelation of this agreement. The limitation of damages, waivers in favor of LIZARD LICK PC, and the arbitration obligation and class action waiver shall also survive the termination or cancelation of this agreement. LIZARD LICK PC shall be entitled to charge a convenience fee for all payments made by credit card and Customer agrees to pay this convenience fee.

WAIVERS

Customer expressly waives and forever releases LIZARD LICK PC and its agents, members, and managers from liability for any claim for personal injury (including stings, bites, or illnesses) or property damage (to structure or contents of the Premises) caused by wood destroying organisms or pests, fire ants, pharaoh ants, spiders, ticks, fleas, wasps, bees, or other pests listed in this agreement. The customer waives any claim for damage or injury to person, property or the premises unless made in writing within six (6) months from the last service treatment.  In no event shall LIZARD LICK PC be responsible or liable for consequential damages or loss of use of the customer’s property or premises.  LIZARD LICK PC MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, OR OTHERWISE, AND LIZARD LICK PC AND CUSTOMER SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, AND OF FITNESS FOR A PARTICULAR PURPOSE.

CHEMICAL INFORMATION/WARNING LABEL

Virtually all pesticides have an odor, which may be present for a period of time after the service treatment. If you, your pets, or any member of the household have certain medical conditions or a sensitivity to known chemical/product, odors or certain product/chemicals, LIZARD LICK PC recommends that you do not have an initial or a subsequent service performed at the premises until you have consulted with a physician or appropriate professional. At Customer’s request, LIZARD LICK PC shall provide pesticide labels relative to the product(s) used for the service.  Customers shall notify LIZARD LICK PC in writing, prior to the application of the service, whether customer or other occupants of the premises have known or suspected sensitivities to pesticides or certain known products. LIZARD LICK PC and/or customer shall have the right to terminate this agreement based on disclosed or later detected sensitivities to the service. Customers shall assume all risks and consequences of individual sensitivities, animal sensitivities, reactions, or complications, including physical complications or reactions, to the service.

SEVERABILITY

Any obligation, provision, or change of this agreement that is prohibited or that is held to be void or unenforceable shall be ineffective and deemed to be not a part of this agreement to the extent of such prohibition or unenforceability without invalidating the remaining provisions or obligations hereof. To the extent permitted by applicable law, the parties waive any provision of law that prohibits or renders void or unenforceable any provision or obligation of this agreement. 

ARBITRATION/CLASS ACTION WAIVER

To the fullest extent and if permitted by applicable law, Customer and LIZARD LICK PC hereby agree that any dispute whatsoever arising out of or related to this Agreement, including the interpretation or enforceability of the Agreement or any term, provision, or obligation hereof, shall be resolved exclusively by and through binding arbitration pursuant to the applicable rules and procedures of the American Arbitration Association. TO THE FULLEST EXTENT AND IF PERMITTED BY APPLICABLE LAW AND BASED ON THE ARBITRATION OBLIGATION, CUSTOMER AND LIZARD LICK PC HEREBY EACH WAIVE THE RIGHT TO A JURY TRIAL REGARDING ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT. LIZARD LICK PC AND CUSTOMER EACH AGREE THAT ANY CLAIM RELATED TO OR ARISING UNDER THIS AGREEMENT SHALL BE ADJUDICATED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT OR ABILITY TO PARTICIPATE IN OR ASSERT A CLASS, COLLECTIVE, OR OTHER JOINT ACTION. 

ACCESS TO RESIDENTIAL STRUCTURE/PROPERTY (“Premises”) AND COOPERATION. Customer agrees to grant LIZARD LICK PC and its agents access to the premises for purposes of completing the service. LIZARD LICK PC shall have the right to terminate this agreement based on the lack of cooperation by the Customer or lack of access to the Premises.    

ASSIGNMENT 

This Agreement is not assignable by customer, absent written consent of LIZARD LICK PC and agreement to and acknowledgment of all terms of this agreement by the prospective assignee of customer. The agreement shall terminate upon the sale or transfer of the premises. Without notice or consent, LIZARD LICK PC may, at its discretion, assign its rights and obligations under this agreement to any entity that assumes LIZARD LICK PC’s obligations hereunder. Upon assignment by LIZARD LICK PC, customers shall have no continuing claim or rights to any predecessor entity or LIZARD LICK PC or LIZARD LICK PC’s agents. 

LIMITATION OF DAMAGES

TO THE FULLEST EXTENT AND IF PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF LIZARD LICK PC (OR ITS AGENTS) ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF WHETHER THE ACTION OR CLAIM IS BASED ON CONTRACT, TORT, WARRANTY OR OTHERWISE, WILL EXCEED THE TOTAL AMOUNT OF THE SERVICE CHARGES PAID BY CUSTOMER TO LIZARD LICK PC.  TO THE FULLEST EXTENT AND IF PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIZARD LICK PC BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER INDIRECT DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE. 

ABSOLUTE RIGHT TO CANCEL

CUSTOMER MAY CANCEL THIS AGREEMENT AT ANY TIME AND FOR ANY REASON OR NO REASON PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE EFFECTIVE DATE OF THIS AGREEMENT. 

DEBT COLLECTION

Customer acknowledges and agrees that LIZARD LICK PC may appoint any person as its agent (“debt collection agent”) to collect any amount due by CUSTOMER to LIZARD LICK PC under the agreement and CUSTOMER shall be responsible for all costs and expenses which may be incurred for that purpose. Further, LIZARD LICK PC shall have, and the customer admits and agrees that the Broker does have the right to disclose to the debt collection agent any of the customer’s personal data for that purpose on any occasion.