TURNER PEST CONTROL TERMS AND CONDITIONS

Turner Business Services Agreement

This Turner Business Services Agreement (“Services Agreement”) is incorporated by reference into the Turner Pest Control, LLC (“Turner”) Order Form between Customer and Turner (the “Order Form”). Turner and Customer may each be referred to as a “Party” or collectively referred to as the “Parties”. Capitalized terms used in this Services Agreement without definition shall have the meanings given to them elsewhere in the Agreement. References to the “Agreement” mean the Order Form (including all other appendixes and schedules attached thereto), together with this Services Agreement (including all other appendixes attached hereto and other terms and conditions incorporated herein by reference). Notwithstanding anything to the contrary, in the event of any conflict or inconsistency between any separate Customer contract(s) with Turner and this Services Agreement, the terms and conditions of this Services Agreement shall control.

1. Contract Period. The Agreement begins on the earlier of (a) the date of Customer’s signature on the Order Form or (b) the initial treatment date for the Services (as defined in Section 3) as set forth on the Order Form (“Initial Treatment Date”) (the “Effective Date”) and, unless a contract expiration date is expressly identified on the front page of the Order Form, continues for a period of 1-year (the “Initial Term”). If the Order Form is for Services related to terminates and/or Armadillo’s, Snakes, Nutria, Cane Toads, Pocket Gophers, Muscovy Ducks, Skunks and Iguanas (individual and collectively, “ Wildlife”), at the end of the Initial Term and any applicable Annual Renewal, the Agreement shall renew annually for consecutive 1-year terms upon request by Customer and written approval by one of Turner’s authorized representatives (including any of Turner’s Florida Department of Agriculture and Consumer Services licensed field inspectors) (the “Annual Renewal”). If the Order Form relates to the any Services other than with respect to terminates and/or Wildlife, then at the end of the Initial Term, the Agreement shall renew monthly (the “Monthly Renewal”) until either party provides thirty (30) days’ notice of termination. The “Contract Period” shall begin on the Effective Date and continues through the Initial Term and each consecutive Annual Renewal or Monthly Term (as applicable) thereafter. For any Contract Period when the applicable Annual Renewal or Monthly Renewal payment is not received timely (i.e., in accordance with the terms of the Agreement) or Turner does not approve the Annual Renewal, then the Agreement terminates immediately (except for Customer’s payment obligations) and the Contract Period immediately ends.
2. Covered Property (and Limitation on Covered Property). The provisions of this Section 2 shall only apply to Termite Services. The sole structure/property (as applicable) covered by the Agreement is generally identified on the Order Form (the “Covered Property”). Customer shall timely notify Turner of any additions or alterations to the Covered Property without regard to whether Customer intends to add such additions or alterations to the Covered Property under the Agreement. Customer’s addition or alteration of the Covered Property may result in Customer being obligated to pay for additional Services regarding the Covered Property, any additions or alterations to the Covered Property, or both. Further, such additions or alternations to the Covered Property may require, at Turner’s discretion, pretreatment/additional treatment (as applicable) of such additions or alterations which may result in addition fees or charges. Customer’s failure to obtain or permit pretreatment/additional treatment (as applicable) of such additions or alterations shall, at Turner’s discretion, limit Turner’s commitments and obligations in the Agreement.
3. Services. As of the Effective Date, Customer desires to purchase from Turner certain services, which may include, but not limited to: (a) the Lawn, Shrub and Flower Bed Service as further described in the Lawn, Shrub and Flower Bed Terms and Conditions [https://www.turnerpest.com/tpctc/ ] (the “Lawn, Shrub and Flower Bed T&Cs”); (b) the Mosquito Services as further described in the Mosquito Service Terms and Conditions [https://www.turnerpest.com/tpctc/ ] (the “Mosquito Service T&Cs”); (c) the Wildlife/Nuisance Animal Services as further described in the Wildlife/Nuisance Animal Terms and Conditions [https://www.turnerpest.com/tpctc/ ] (the “Wildlife/Nuisance Animal T&Cs”); (d) the Turner Pest Control Services as further described in the Turner Pest Control Services Terms Conditions [https://www.turnerpest.com/tpctc/  (the “Turner Pest Control Services T&Cs”; (e) the TurnerGuard Services as further described in the TurnerGuard Services Terms and Conditions [lhttps://www.turnerpest.com/tpctc/ ] (the “TurnerGuard Services T&Cs”); (f) the Termite Service as further described in the Termite Service Terms and Conditions [located at [https://www.turnerpest.com/tpctc/ ] (the “Termite Service T&Cs”); and (g) any other services agreed upon by the Parties in an executed Order Form ((a) through (g) collectively, the “Services”).
4. Inspection and Preparatory Services. Prior to the commencement of any Services to be provided under the Agreement, Turner may, at its option, inspect the Covered Property in order to make a risk assessment. Based on the results of the inspection mentioned in the foregoing sentence, Turner may carry out preparatory Services on terms and conditions mutually agreed upon by the Parties in an Order Form. If Customer does not agree to the preparatory Services which Turner determines are necessary to provide the Services, Turner may, at its option, cancel the Agreement and/or applicable Order Form with no further obligation to Customer.
5. Termination.
   1. Customer may terminate the Agreement and/or any applicable Order Form if Turner:
      1. breaches any of its material obligations under the Agreement and despite Customer’s written request for remedy fails to correct the breach within thirty (30) days of Turner’s receipt of such notice from Customer; or
      2. despite Customer’s written request for remedy, Turner repeatedly breaches its material obligations under the Agreement in the same manner more than twice in any six (6) month period. 

         In the event of such termination as described in (i) and (ii) above, Turner shall reimburse Customer for any unused portion of the most recent prepaid annual Fee (based on a 365-day year and actual number of days elapsed).

   2. Turner may terminate the Agreement and/or any applicable Order Form with immediate effect and/or suspend its performance of the Services with immediate effect if:
      1. Customer has failed to make a payment under the Agreement by the specified due date;
      2. Customer becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors;
      3. Customer has not cooperated with or assisted in Turner’s performance of the Services as reasonably requested by Turner or as otherwise required by the Agreement;
      4. Customer has not followed Turner’s instructions with respect to the Services;
      5. Customer has failed to fulfill its material obligations under the Agreement, or if Customer otherwise has breached the Agreement; or
      6. Turner has “particular grounds” for termination. Such “particular grounds” include, but are not limited to, changes in applicable laws, rules, regulations or legislation, a substantially increased risk of damages, or a change in the business activities of Customer, in each case which in Turner’s reasonable discretion prevent or materially decrease Turner’s ability to perform the Services or to receive the benefits (economic or otherwise) of the Agreement. Solely with respect to the termination pursuant to this subsection (vi), Turner will not be liable to Customer for any reliance, exemplary, special, indirect, direct, incidental, punitive or consequential damages, including, but not limited to, loss of business, opportunity, revenue, or data.
   3. Upon the effective date of the termination of the Agreement or any Order Form, Customer will immediately cease having access to the Services. If Customer terminates any Services except as specifically permitted in this Section 5, or if Turner terminates the Agreement or any Order Form in accordance with Sections 5(b)(i) – (v), any and all payment obligations of Customer in connection with the Services shall become immediately due and payable with respect to such Services.
6. Fees and Charges.
   1. Customer shall pay all fees and charges for the Services (the “Fees”) set forth in an Order Form. All Fees are due and payable to Turner on or before the due date (as set forth in the Order Form). In the event the Order Form does not contain a due date, Customer shall pay all fees and charges due under the Agreement within thirty (30) days from the date of Turner’s invoice.
   2. Turner may increase the Fees with respect to any Annual Renewal. If Turner increases any annual Fee by more than five percent (5%) of the prior year’s aggregate annual Fee (the “Permitted Increase”), Turner shall notify Customer of any such increase of the annual Fee in excess of the Permitted Increase no later than three (3) months prior to date on which the next annual Fee is due. In the case of such an increase by more than the Permitted Increase, Customer may, at its option, terminate the Agreement and/or the applicable Order Form (effective on the day prior to the next annual Fee payment date) by delivering a written request for termination to Turner. Such termination request must be delivered to Turner not later than thirty (30) days after Customer’s receipt of Turner’s notification of the increase by more than the Permitted Increase. Such termination will not relieve Customer of its obligations to pay any amounts due to Turner with respect to any Contract Period prior to the termination date.
   3. Turner reserves the right to, in addition to the annual Fee, charge Customer for Turner’s performance of additional Services (such as expedited service, technical service and troubleshooting), in each case as such additional Services are mutually agreed by Customer and Turner in a separately executed Order Form.
   4. If payment in full is not received by the due date, Turner, at its option, may (i) charge and collect on outstanding past due amounts the lesser of the Secured Overnight Financing Rate (SOFR) plus three percent (3%) per month or the maximum rate permitted by applicable law and/or (ii) if the payment is not received within forty-eight (48) days of the due date, take commercially reasonable steps to collect the unpaid balance, at Customer sole expense. Customer acknowledges and agrees that, in the event of non-payment, Turner may file a lien on Customer’s property, pursuant to applicable law.
7. Customer’s Obligations to Turner.
   1. Customer shall:
      1. carefully follow all instructions given by Turner;
      2. grant Turner access to the Covered Property in accordance with Turner’s instructions;
      3. provide any equipment reasonably requested by Turner for access to the Covered Property, including, but not limited to, ladders and skylifts;
      4. perform any preparations, prior to the Services, in accordance with Turner’s instructions, including, but not limited to, construction or alteration of buildings at the Covered Property and properties on the Covered Property which belong to the building (e.g., fixtures) and other objects which the building as been fitted for permanent use (collectively, the “Buildings”) as requested by Turner in connection with the services;
      5. ensure that all relevant areas or parts of the Covered Property are accessible for the placement or mounting of equipment by Turner;
      6. ensure that proper power supply, in accordance with Turner’s instructions, is available if electrical or electronic equipment is being or has been mounted. This may include power supply from the electrical grid or via battery power;
      7. be responsible for electricity revisions, and any electricity safety measures required at the Covered Property;
      8. notify Turner of any particular conditions related to the Covered Property, including, but not limited to, any sensitive or restricted areas as well as any restrictions related to the access to these areas and/or other parts of the Covered Property. To the extent necessary, Customer shall provide Turner with any special equipment or similar which is needed to access all or part of the Covered Property;
      9. immediately notify Turner if Customer becomes aware that any equipment owned by Turner and mounted by Turner or placed in or adjacent to the Covered Property by Turner (“Turner Equipment”), including electronic traps and monitoring devices, signage, or control stations, has been damaged, moved, improperly used, or otherwise harmed or mishandled; and
      10. immediately notify Turner if Customer suspects or becomes aware of any circumstances or events related to the Agreement which may adversely affect any Party’s ability to fulfil its obligations under the Agreement
   2. If Turner personnel are permitted to use equipment provided by the Customer, Customer shall be responsible for providing onsite safety training by a qualified person to Turner personnel prior to use. Turner reserves the right to inspect the equipment and be provided all applicable safety records related to such equipment prior to use. Turner may also provide its own equipment. In the event that specific equipment (e.g., an ariel lift) needs to be rented by Turner, Turner may rent such equipment at Customer’s sole cost and expense.
   3. Customer shall comply with applicable working environment laws, rules, regulations and legislation with respect to the Covered Property. In addition, Customer must, regardless of whether it is required by the applicable working environment laws, rules, regulations or legislation or not, create a safe working environment for Turner’s staff. This includes an obligation for Customer to provide Turner information and otherwise take any necessary measures, to create a safe working environment for Turner’s staff.
   4. Customer shall be responsible for any restoration of the Covered Property (including the Buildings) following the mounting and/or dismounting of Turner Equipment and/or after the Services.
8. Turner’s Obligations to Customer.
   1. Turner will perform the Services at the Covered Property. The method of the Services will be determined by Turner on a case-by-case basis with attention to human welfare, environmental aspects and such other factors as Turner determines (in its sole discretion) to be appropriate. In the event that the Agreement includes Services of personal property (e.g., furniture, equipment, machinery, shelves, gondolas etc.) which can be moved from the Covered Property (“Movables”), and the Services must be performed at another location than at the Covered Property (as determined by Turner), Customer shall be responsible for all reasonable and documented costs incurred by Turner for transporting Movables.
   2. Turner will perform the Services during the normal operational hours of Turner, unless explicitly agreed otherwise in the Agreement.
   3. Turner shall use commercially reasonable efforts to mitigate any known risks related to the working environment at the Covered Property.
   4. Turner will provide documentation regarding inspections, proposals for measures, reading protocols, etc. related to the Agreement. Customer may use such documentation in the normal course of Customer’s business; provided, however, Customer acknowledges and agrees the documentation is provided for Customer’s reliance only and Turner provides the documentation on the condition that no third party is entitled to rely on the content of the documentation.
   5. Other than mounting and dismounting of Turner Equipment, Turner will not be responsible for construction or alteration of any Covered Property (including the Buildings) in connection with providing the Services unless explicitly agreed upon in the Agreement.
   6. Turner’s obligations do not include professional food handling unless explicitly agreed upon in the Agreement
   7. Turner’s obligations do not include Services of (i) Movables and/or (ii) raw materials, products being processed, fully- or semi-finished goods, goods acquired for reselling, and any packing materials for the items mentioned in the foregoing (collectively, “Goods”) unless explicitly agreed upon in the Agreement, and in any event subject to the provisions in Section 8(a).
9. Turner Equipment.
   1. Turner Equipment remains the property of Turner unless otherwise explicitly agreed to in this Services Agreement. Turner is entitled to enter the Covered Property and repossess Turner Equipment upon the expiration, cancellation or termination of the Agreement and/or any applicable Order Form.
   2. Customer shall be responsible for safeguarding Turner Equipment. Without limiting the foregoing, Customer shall reimburse Turner for the cost of any Turner Equipment which is damaged, lost or destroyed as a result of Customer’s actions or omissions.
   3. Customer, at its own cost, shall be responsible for disposing of Customers’ existing hardware products in a manner which
10. Data; Intellectual Property Rights.
    1. Turner may use Data for any purpose including but not limited to provide and manage the Services, statistical purposes, development of the Services, Turner Equipment and other Turner products or services, research and marketing. To the extent that personal data of Customer’s users is included in the Data, Turner will not share or disclose personally-identifying information of Customer’s users except as required to provide the Services and to comply with applicable laws.
       
    2. As between the Parties, all Intellectual Property Rights in, the Services, Data and/or Turner Equipment is and remains the sole and exclusive property of Turner (and its licensors). Except as expressly set forth in this Services Agreement, nothing in the Agreement shall operate to assign or transfer any Intellectual Property Rights from Turner to Customer. “Intellectual Property Rights” means any and all rights, title or interest comprising or relating to: (i) patents, patent disclosures and inventions (whether patentable or not); (ii) trademarks, service marks, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith; (iii) authorship rights, copyrights and copyrightable works (including computer programs) and rights in data and databases; (iv) trade secrets, know-how and other confidential information; and (v) all other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection provided by applicable law in any jurisdiction throughout the world.
    3. If Customer provides Turner with any ideas, comments or suggestions relating to the Services and/or Turner Equipment (“Feedback”), all Intellectual Property Rights in that Feedback, and anything created as a result of that Feedback (including new material, services, methods, enhancements, modifications or derivative works), are owned solely by Turner and Turner may use or disclose the Feedback for any purpose. Customer represents and warrants (i) that Customer has the right to disclose the Feedback, (ii) that the Feedback does not violate the rights of any other person or entity, including, but not limited to, Intellectual Property Rights, and (iii) that Customer’s Feedback does not contain the confidential or proprietary information of any third party or parties.
11. Confidentiality.
    1. The Parties acknowledge that, in the course of performance under the Agreement, one Party (the “Disclosing Party”) may intentionally or inadvertently disclose, deliver or permit access by the other Party (the “Receiving Party”) to information, data or materials which a reasonable person would expect to be confidential given its content or the circumstances surrounding its disclosure (“Confidential Information”).
    2. The Receiving Party shall have no obligations under this Section with respect to any Confidential Information which the Receiving Party can demonstrate by reasonable written evidence: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the Receiving Party; (ii) was previously known to the Receiving Party or rightly received by the Receiving Party from a third party; (iii) is independently developed by or on behalf of the Receiving Party; or (iv) is subject to disclosure under court order or other lawful process. The Receiving Party agrees to hold the Disclosing Party’s Confidential Information in strict confidence.
    3. In all events the Receiving Party shall handle, store and maintain all Confidential Information of the Disclosing Party with a degree of care that is reasonable for the circumstances of disclosure and the nature of each component of Confidential Information. The Receiving Party agrees not to make the Disclosing Party’s Confidential Information available in any form to any third party or to use the Disclosing Party’s Confidential information for any purpose other than for the limited extent required to perform its obligations under the Agreement. The Disclosing Party’s Confidential Information shall remain the sole and exclusive property of that Party, and neither this Agreement nor any disclosure of Confidential Information shall be deemed to grant the Receiving Party any license or other intellectual property right. The Parties agree that in the event of the actual or threatened use or disclosure by the Receiving Party other than as specifically provided for in this Agreement, the Disclosing Party may be entitled to seek equitable relief.
    4. The Parties are responsible for ensuring that the processing of personal data takes place in accordance with applicable data privacy and data protection laws and regulations.
12. Limitations of Liability.
    1. Subject to Section 12(b) below, Turner will be liable only for direct damage to property or personal injury caused by the gross negligence of Turner in its performance of the Services at the Covered Property. WITHOUT LIMITING THE FOREGOING, TURNER WILL NOT BE LIABLE TO ANY PERSON (INCLUDING CUSTOMER) FOR ANY RELIANCE, PUNITIVE, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, OPPORTUNITY, REVENUE, OR DATA, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, NO MATTER HOW CHARACTERIZED OR IF DEEMED TO BE DIRECT, AND EVEN IF FORESEEABLE OR TURNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Further, Turner will not be liable or responsible for any fees, fines, administrative fines, penalties, or any other similar sanctions (i) which may be imposed on Customer following an inspection or an incident or (ii) incurred by or imposed on Customer for supervisions or inspections according to any applicable environmental law, rule, regulation or legislation
    2. TURNER’S AGGREGATE, CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS UNDER THE AGREEMENT SHALL NEVER EXCEED THE LESSER OF (I) THE REPLACEMENT VALUE OF DAMAGED PROPERTY (E.G., GOODS, MOVABLES, ETC.) OR (II) THE TOTAL FEES PAID BY CUSTOMER TO TURNER UNDER THE AGREEMENT IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM.
    3. Customer shall notify Turner in writing of any damages or claims as soon as possible after Customer has first become aware of or should have become aware of (i) the damage, or (ii) the event, negligence or omission causing the damage, in each case in reasonable detail. Any such notice must be delivered to Turner within three (3) months from the earliest of (w) the time the latest Service was completed or interrupted, (x) the termination or expiry of the Order Form, (y) the date on which Customer actually became aware of the claim, or (z) the date on which Customer should have become aware of such damages or claims. IF WRITTEN NOTICE IS NOT GIVEN TO TURNER WITHIN THE TIME SET FORTH IN THE FOREGOING SENTENCE, CUSTOMER HEREBY FORFEITS AND WAIVES ITS RIGHT TO CLAIM COMPENSATION FROM TURNER.
    4. CUSTOMER HEREBY WAIVES ANY CLAIM THAT THE LIMITATIONS OR EXCLUSIONS UNDER THIS SECTION 12 DEPRIVE CUSTOMER OF AN ADEQUATE REMEDY.
13. Force Majeure. If Turner’s performance of its obligations under the Agreement is prevented or is rendered unreasonably difficult by circumstances which Turner has no reasonable control over, including but not limited to acts of God, fires, floods, storms, explosions, acts of a public enemy, acts of civil or military authority, terrorist attacks, mass shootings, events resulting in the Services or any portion of thereof becoming economic losses, governmental actions, unavailability of energy resources, system or communication failure, delay in transportation, strikes, disturbances in the labor market, civil protests, riots or war, contagions such as pandemics, failure of supplies from ordinary sources, Customer’s failure to allow Turner access to the Covered Property for any purpose, specifically including reinspection and retreatment, whether the reinspection or retreatment was requested by Customer or Turner or any other reason beyond the control of Turner (each a “Force Majeure Event”), Turner will not be obligated to perform its obligations for the time which the circumstance in question prevents Turner’s performance or renders it unreasonably difficult, nor for a reasonable time thereafter. If a Force Majeure Event prevents Turner’s performance or renders it unreasonably difficult for more than six (6) months, either Party may terminate the Agreement with immediate effect by notifying the other Party in writing.
14. Changes to the Agreement.
    1. Turner may from time to time modify the terms of the Agreement, including this Services Agreement. Any such change will not be effective against Customer unless Turner notifies Customer in writing (including via email) of such potential changes no later than three (3) months prior to the proposed effective date of the change. Notwithstanding the foregoing, with respect to any change to the Agreement reasonably required in order to comply with applicable law and regulation or reasonably necessary in order to provide the Services, Turner shall give notice to Customer as soon as practicable under the circumstances, which notice must specify the effective date of the proposed change.
    2. If Customer does not accept the changes, Customer may, at its option, terminate the Agreement by delivering a written request for termination to Turner no later than ten (10) days after Customer’s receipt of Turner’s notification of the changes. In the event of such termination by Customer, Turner shall reimburse Customer for any unused portion of the most recent prepaid Fee.
15. General Terms and Conditions.
    1. The Agreement and each Order Form hereunder, and each of their attachments/schedules contain the entire agreement between Turner and Customer, and no other statements or representations are binding upon the Parties. Further, in entering the Agreement, Customer has not, and is not, relying on any representation or statement that may have been made by Turner or any person representing Turner except as set forth in the Agreement.
    2. This Agreement will be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would result in the application of the laws of any other jurisdiction. ANY LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR BASED UPON THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY MUST BE INSTITUTED IN THE FEDERAL COURTS OF THE UNITED STATES OF AMERICA OR THE COURTS OF THE STATE OF FLORIDA IN EACH CASE LOCATED IN DUVAL COUNTY, FLORIDA, AND EACH PARTY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS IN ANY SUCH SUIT, ACTION OR PROCEEDING.
    3. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY TO THIS AGREEMENT CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) SUCH PARTY MAKES THIS WAIVER VOLUNTARILY, AND (D) SUCH PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 15(b).
    4. Turner maintains the insurance coverage required by law in the jurisdiction where the Covered Property is located (including the Georgia Structural Pest Control Act and Florida State Statute 482) and information about this insurance is available from Turner upon request.
    5. CHEMICAL SENSITIVITY OF SPECIAL HEALTH CONDITIONS: If Customer believes that Customer or other occupants or visitors to the Covered Property: (i) are or may be sensitive to pesticides/termiticide or their odors; (ii) be pregnant; and/or (iii) have other health conditions that may be affected by pesticides/termiticide or their odors, Customer must notify a Turner Department of Agriculture and Consumer Services licensed field inspector in advance of treatment, including whether Customer or other occupants or visitors have consulted a medical doctor or other health care practitioner regarding such sensitivity or condition. Turner reserves the right, upon such notification, to deny or terminate the Agreement. Failure to provide notification constitutes Customer’s assumption of risk and waiver of any and all claims against Turner in connection with such sensitivity or condition, as well as agreement to indemnify and hold Turner harmless from any claims by Customer, other occupants of the Covered Property, or visitors to the Covered Property.
    6. If the Covered Property is sold or ownership is otherwise altered or changed, in any manner, during the Contract Period, then the Agreement is transferable to the Covered Property’s new or additional owner(s) only upon (i) written approval by one of Turner’s Department of Agriculture and Consumer Service licensed field inspector, and (ii) Turner’s receipt of payment of a $150 transfer fee. Upon such approved transfer and receipt of the transfer fee, the new or additional owner(s) of the Covered Property shall be included as Customer.
    7. There are no third-party or non-party beneficiaries to the Agreement, and Customer agrees to indemnify and hold Turner harmless from any claims by any third-party or non-party arising from the performance of the Agreement.
    8. Customer agrees to Turner sending Customer any and all communications, including billing, by automated call, email, or text message at the email address or phone number Customer provided to Turner, as recorded on the first page of the Order Form. Further, as used in the Agreement, the term notice shall mean Turner sending Customer communication by automated call, email, or text message. If such notice includes any alterations or changes in Turner’s duties, obligations, or commitments set forth in the Agreement, then such alterations or changes shall be effective upon thirty (30) days of Turner sending the notice.
    9. The Parties are independent contractors. The Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the Parties.
    10. In the event that any provision of the Agreement is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
    11. No delay or omission by a Party in exercising any rights or remedies thereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy by a Party shall not preclude further exercise or any right or remedy by such Party. No waiver by a Party shall be valid unless in writing signed by such Party.
    12. All sections of this Services Agreement which by their nature should survive termination will survive termination, including, without limitation, those provisions relating to indemnities, limitations of liability, confidentiality, intellectual property rights and payment.
    13. The headings used in the Agreement are included for convenience only and will not limit or otherwise affect the Agreement.