This Agreement includes all the terms and conditions on the first page of the agreement and as set forth below.
1. Contract Period. This Agreement begins on the earlier of the date of the Customer’s signature above or the Initial Treatment Date (the “Effective Dates”) and continues; this Agreement renews annually. The “Contract Period” shall begin on the Effective Date and continues through each consecutive Annual Renewal thereafter. In any period when the Renewal Payment is not received timely or Turner does not approve the renewal, then this Agreement terminates immediately (except for Customer’s payment obligations and Customer’s Obligations in Section 8 below regarding payment) and the Contract Period immediately ends.
2. Covered Property (and Limitation on Covered Property). The sole property covered by this Agreement is generally identified on the first page and more specifically identified in the graph/drawing attached as Schedule A (the “Covered Property”). The graph/drawing of the Covered Property attached as Schedule A identifies approximate areas and types of observed turf, insect activity, disease, weeds, exposure to sunlight, soil condition, turf color, and thatch condition, as well as certain other conditions. Customer shall timely notify Turner of any additions or alterations to the Covered Property without regard to whether the Customer intends to add such additions or alterations to the Covered Property to this Agreement. Customer’s addition or alteration of the Covered Property may result in the Customer being obligated to pay for additional Lawn & Shrub Service (defined in Section 4 below) regarding the Covered Property. Further, such additions or alterations to the Covered Property may require, at Turner’s discretion, additional treatment of such additions or alterations, which may result in additional fees or charges. Customer’s failure to obtain or permit additional treatment of such additions or alterations shall, at Turner’s discretion, limit Turner’s commitments and obligations in this Agreement, including but not limited those set forth in Sections 6, 7, & 9 below.
3. Covered Pests. The Lawn and Shrub Service (defined in Section 4 below) for the Covered Property are provided only for grubs, chinch bugs, sod webworms, army worms, and mole crickets (collectively, the “Covered Pests”). See also Section 6 and Section 7 Limitations below. Turner reserves the right, solely in its discretion, to include additional pests as Covered Pests upon Notice.
4. TurnerGreen Lawn and Shrub Service. Turner commits to providing labor and materials for the Covered Property regarding the Covered Pests as follows:
a. Every other month:
i. Visual inspection of the Covered Property for Covered Pests, grass type, turf density, thatch, turf disease, weeds, uncontrollable weeds,turf insect activity, and existing damage to turf; and
ii. Application of pre-emergent and winterized customized fertilization, year-round weed control and treatment for the Covered Pets, fungi, and diseases of the Covered Property (collectively, the “Lawn and Shrub Service”).
b. Monthly:
iii. Zoysia: Treatment of weeds, insects and disease as needed. Fertilization with a low rate of nitrogen and micro-nutrients for health and color.
c. One-Time Application
- Flea: Insecticide treatment to harborage areas like mulch, shrubs and turf.
- Mole: Bait applied to mole tunnels to control activity. Follow-ups as needed for 30 days.
- Lawn: One-time lawn treatments, no guarantee.
- Armadillo: Product applied to kick out holes to control activity. Follow-ups as needed for 30 days. (Trapping is additional pricing must use wildlife agreement).
5. Lawn & Shrub Service Retreatment Period. During the Contract Period, Turner commits to providing the Lawn and Shrub Service described above for the Covered Property. Turner may provide additional Lawn and Shrub Service as Turner, in its sole discretion, deems necessary at no additional charge to the Customer during the Contract Period.
6. Limitations on Lawn & Shrubs Services & Turner’s Commitments or Obligations. In no circumstance will Turner have obligations, duties, or commitments in this Agreement or otherwise arising by statute or in common law to pay for or provide replacement sod or grass.
a. Specific Terms and Conditions: This agreement is for the minimum of one (1) year. Customer acknowledges that service and payments will continue after the first year unless terminated by the Customer providing 30 days of written notice of cancellation. The Customer authorizes Turner Pest Control, LLC to debit either the Customer's credit card or bank account for a minimum of one (1) year. After the first year, the authorization of debits will continue and remain in full force and effect until Turner Pest Control, LLC has received 30 days written notice of cancellation from the customer to afford Turner Pest Control, LLC a reasonable opportunity to act on it. Turner Pest Control, LLC reserves the right to make any corrections to the account if an error occurs.
7. Services, Pests, Property Excluded from TurnerGreen Lawn & Shrub Services, And Turner’s Commitments or Obligations. This Agreement excludes all treatment for weeds in non-turf areas like flower beds, wildlife, non-turf destroying pests and insects, rodents, wood destroying organisms, and arthropods that are not specifically identified as Covered Pests in Section 3, as well as any damage to the Covered Property or Customer’s other property which excluded pests, in whole or in part, may have caused or have caused. These excluded pests would include, by way of non-comprehensive examples, possums, raccoons and armadillos, as well as fire ants and moles unless otherwise notated in this agreement.
8. Customer’s Obligations to Turner. The Customer’s failure to fulfill any of Customer’s obligations under this Agreement shall, at Turners’ sole discretion (as may be permitted under applicable law), result in immediate termination of this Agreement and the Contract Period, which termination will result in waiver of any claim by Customer for refund of any amounts paid to Turner. In addition to the Customer’s obligations set forth elsewhere in this Agreement, Customer’s obligations are as follow:
a. Customer shall pay all fees and charges due under this Agreement on or before the due date.
b. Customer shall follow all instructions provided by Turner at the time of each Lawn & Shrub Service as well as, and in addition to, watering in fertilizers and pest control products.
c. Customer shall cooperate fully with Turner during the Contract Period as is reasonable and customary to permit Turner to fulfill its commitments under this Agreement. Customer’s cooperation includes but is not limited to, permitting Turner personnel and assigned professionals to fully inspect and evaluate the Covered Property as Turner deems reasonably necessary for the Lawn & Shrub Service as well as inspection and evaluation with respect to circumstances and conditions identified on the first page of Agreement or Schedule A to Agreement.
9. Miscellaneous Terms.
a. This Agreement and its attachments/schedules contain the entire agreement between Turner and Customer, and no other statements or representations are binding upon the parties. Further, in entering this 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 this Agreement. This Agreement’s terms and conditions may not be modified, altered, or changed by any Turner representative without written approval from Turner’s Corporate Office of such modification, alteration, or change.
b. The Customer waives and holds Turner harmless (to the extent permissible under applicable law) from any existing or future claims arising from or relating to the TurnerGreen Lawn & Shrub Service, except for a claim to enforce the terms and conditions of this Agreement.
c. The Customer waives and holds Turner harmless (to the extent permissible under applicable law) from all other direct, as well as all
indirect, consequential, or punitive damages or expenses arising from or related to Turner’s performance of this Agreement.
d. Turner reserves the right to increase service fees regardless of payment terms or discounts applied.
e. Customer agrees to Turner sending Customer 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 this Agreement. Further, as used in this 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 this Agreement, then such alterations or changes shall be effective upon 30 days of Turner sending the Notice.
f. There are no third-party or non-party beneficiaries to this 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 this Agreement.
g. If the Covered Property is sold or ownership is otherwise altered or changed, in any manner, during the Contract Period, then this 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.
h. In the event of a change in the existing law as it relates to this Agreement, Turner reserves the right either terminate this Agreement upon 10 days written Notice to the Customer (or as otherwise required by law), or to adjust the Renewal Payment, to amend the terms of this Agreement at the beginning of each Renewal Period, or both.
i. The law of the State where the Covered Property is located shall control this Agreement and any issues arising from the relationship established or existing under this Agreement, without regard to any choice of laws determinations. The venue for any dispute regarding this Agreement or the relationship arising from this agreement shall be solely Duval County, Florida. The parties to this Agreement waive any rights they may have to a jury trial for enforcement of this Agreement or regarding any dispute arising from the relationship commenced or arising from this Agreement of the negotiations thereof. If any provision of this Agreement or portion thereof is found unenforceable for any reason, then that unenforceable provision or portion shall be severed from this Agreement with no effect on the enforceability of the remainder of the Agreement.
j. CHEMICAL SENSITIVITY OF SPECIAL HEALTH CONDITIONS: If the Customer believes that the Customer or other occupants or visitors to the Covered Property (a) are or may be sensitive to pesticides/termiticide or their odors; (b) be pregnant; (c) have other health conditions that may be affected by pesticides/termiticide or their odors, the Customer must notify a Turner Florida Department of Agriculture and Consumer Services licensed field inspector in advance of treatment, including whether the 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 the 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 the Customer, other occupants of the Covered Property, or visitors to the Covered Property.
k. Turner maintains the insurance coverage required by the law in the jurisdiction where the Covered Property is located, and information about such required insurance coverage is available from Turner’s Corporate Office. Turner maintains the insurance coverage required by Georgia Structural Pest Control Act and Florida State 482 and information about this insurance is available from Turner upon request.
l. Turner shall not be held liable or in any way responsible or obligated to the Customer as a result of any failure to perform pursuant to this Agreement, if such failure arises out of a cause beyond the control or without the fault or negligence of Turner. Such causes may include but are not limited to acts of God, acts of a public enemy, acts of civil or military authority, events resulting in Termite Service or any portion of thereof becoming economic losses, governmental actions, unavailability of energy resources, system or communication failure, delay in transportation, fires, strikes, civil protests, riots or war, or contagions such as pandemics. In the event of any such cause, then, Turner may use commercial reasonable efforts to fulfill this Agreement without waiver of the provisions of this clause.
Palm Care Terms and Conditions
10. PERFORMANCE EXPECTATION: The performance of your Palms under this service will depend on their original condition, proper irrigation and maintenance techniques, adverse weather conditions, the service(s) selected, and time. CUSTOMER acknowledges that Turner makes no promise, guarantee or warranty regarding the performance of the palms, other than to treat between scheduled services if a problem arises that is not excluded by the conditions set forth in Paragraph 3 below.
11. SCOPE OF SERVICE: Turner will only perform those services under the Service Package selected by CUSTOMER on the front of this Agreement. CUSTOMER may incur a prorated fee for the variation in the services performed and the execution of a new one-year service agreement.
12. DAMAGE EXCLUSION: CUSTOMER specifically agrees that Turner shall not be responsible or liable for damage to or death of Palms being serviced due to:
a. Damage to Palms other than that checked on the front of this Agreement.
b. Any insect, pest or organism not specifically identified for service under the Palm services offered.
c. Adverse weather conditions.
d. Improper watering practices.
e. Improper trimming and grooming practices.
f. Mechanical damage. Domestic, feral or nuisance animal damage.
g. Improper pH levels.
h. CUSTOMER neglect.
i. CUSTOMER’S OBLIGATION TO REPORT AND COMPLY: CUSTOMER accepts the responsibility to immediately contact Turner if a noticeable decline in the Palms being serviced under this Agreement occurs between Turner’s service intervals. Furthermore, CUSTOMER agrees to comply with any and all instructions provided by Turner related to any service provided under the terms of this Agreement. CUSTOMER’s failure to timely contact Turner or comply with any instructions provided automatically negates Turner’s obligation to treat free of charge between any service interval.