Wildlife Terms and Conditions:

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  1. It is understood and agreed between the parties that this contract, the specifications and the guarantees constitute the entire agreement between the parties and that said agreement may not be changed or altered in any manner, oral or otherwise, by either party unless said alterations or changes are in writing and executed by the parties hereto.
  2. This agreement is for, and limited to, those wildlife/nuisance animals for which treatment has been performed by this company and, unless otherwise stated in the special instructions set forth in the estimate or invoice, pertains only to those structures listed on estimate or invoice. This agreement is not intended to cover such items as fencing, outbuildings, or other detached structures that may be located at the service address.
  3. It is agreed that under this contract OTF is not responsible for the repair or remediation of wildlife/nuisance animal damage other then what is specifically noted on this agreement. OTF will not be held liable for the repairs of wildlife damage made prior to this agreement, during the performance of the work, or post exclusion. The company cannot guarantee that any damage disclosed by a visual inspection of the premises represents the entirety of damage which may exist as of the date of initial or subsequent service. Additionally, OTF cannot be held responsible for structural defects including, but not limited to, roof leaks, plumbing leaks, improperly sealed doors or windows, flashing leaks and the damage that these defects may cause to structure or property which existed prior to our services.
  4. The customer has been made aware and understands and agrees that throughout the normal course of the wildlife/nuisance animal control process some animals may become trapped inside the structure and die. Every reasonable effort will be made by the company to remove the animals quickly prior to their death; however, this may not always be possible without structural modifications due to an inaccessible location within the structure. Customer agrees that should this situation arise, the company will be held harmless for any modifications or damage to the structure to facilitate carcass removal, for any damages that said animal may have caused, or for the cost of repair once the animal has been removed. The customer will bear the cost of such modifications, damage or repair.
  5. Access to property: Customer agrees to allow OFT direct access to the premises as is deemed necessary by the company for inspection, exclusion, baiting, trapping, or any other purpose contemplated by this agreement. Failure to do so will result in lost deposits, waived warranty etc.
  6. Force Majeure: The customer agrees that the company’s obligation under this agreement and the guarantee shall be canceled if the company cannot perform its responsibilities because of acts of war, whether declared or undeclared, acts of any duly constituted government authority, seizures, riots, civil commotions, strikes, or other labor disputes, fires, floods, storms, explosions, acts of God, failure of supplies from ordinary sources, failure to allow the company access to my building for any purpose, specifically including pre-inspections and retreatment requested by the customer or for any other reason beyond the control of the company.
  7. Cancellation: Customer agrees to pay 30% deposit if agreement is canceled before work is started. Customer agrees to pay 30% or balance of work completed (whatever is greater) if customer should cancel such services prior to the completion of the work detailed on this estimate or invoice of this service agreement. On any account 60 days past due, OTF reserves the right to stop service on the account, charge a $15 late fee and place the account in the hands of an attorney for collection, suit or lien. Customer agrees to pay the reasonable attorney’s fee paid or incurred, and the court costs incurred, if any, in addition to the unpaid balance of this contract whether or not a suit is commenced. Customer agrees to pay the $30 bank returned check fee or any other bank fees in addition to any unpaid balance on returned checks or refused credit card payments.
  8. Stolen/Damaged equipment: OTF holds the property owner responsible for all equipment left onsite necessary to capture, monitor, and exclude wildlife. Any equipment (I.e cages, traps, cameras, monitoring equipment, exclusionary materials) that is stolen, damaged, destroyed, or vandalized will incur a replacement fee.
  9. LIMITS OF LIABILITY and additional exclusions: Customer understands that OTF liability under this Agreement is limited to providing a wildlife control service only and in no way, implied or otherwise, is OTF liable for personal injuries or damage to persons, property, animals, vegetation or any other damages whatsoever, including consequential and incidental damages, arising from this service. OTF will not be held liable if current structural warranties are voided during the course of exclusion services. OTF liability is specifically limited to the labor and products necessary to eliminate covered pests. OTF liability is limited to the amount of service at the “premises” or “location,” as it is listed on the signed service agreement.
  10. Change in Terms. At the time of renewal of this agreement, OTF may change this agreement by adding, deleting, or modifying any provisions. Renewal of this agreement will constitute acceptance to such changes.
  11. DISPUTE RESOLUTION AND ATTORNEY’S FEES: Any controversy or claim arising out of or related to this Agreement involving an amount less than $5,000 (or the maximum limit of the Small Claims court) must be heard in the Small Claims Division of the Municipal Court in the county where the Contractor’s office is located. Any dispute over the dollar limit of the Small Claims Court arising out of this Agreement may be submitted to an experienced private construction arbitrator that shall be mutually selected by the parties to conduct a binding arbitration in accordance with the arbitration laws of the state of Maryland or submitted to mediation provided by the Maryland Home Improvement Commission. Any controversy or claim arising out of or related to this Agreement involving an amount more than $5,000 may also be heard in the District or Circuit court of _______________________. The prevailing party in any legal proceeding related to this Agreement shall be entitled to payment of reasonable attorney’s fees, costs, and post-judgment interest at the legal rate. I have read, understood and I agree to all the terms and conditions contained in the Agreement above. I understand that I have 5 days from the date of this contract, or 7 days from the date of this contract if I am 65 years of age or older, to cancel this agreement without penalty.
  12. This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland applicable to contracts entered into and fully to be performed in Maryland.
  13. This agreement, together with all exhibits thereto, constitutes the entire agreement between parties, supersedes all proposals, oral or written, and all other communications between the parties relating to such subject matter, and no other representations or statements will be binding upon the parties. This agreement may not be modified or amended in any way without the written consent of both parties. MHIC 1-888-218-5925 or 410-230-6309