PREWETT PEST CONTROL, LLC

1922 Professional Circle, Suite 300

Auburn, AL 36830
(334) 246-9882

BAITING SERVICE AND LIMITED REPAIR CONTRACT FOR SUBTERRANEAN TERMITES

(EXCLUDES ANY AERIAL INFESTATION BY TERMITES)

THIS CONTRACT PROVIDES FOR THE RETREATMENT OF THE INFESTED AREAS OF THE
COVERED STRUCTURE(S) AND THE REPAIR OF DAMAGE CAUSED BY SUBTERRANEAN
TERMITES ONLY WITHIN THE LIMITS STATED IN THIS CONTRACT.
DATE: 4/27/22 ACCOUNT NO: 8378
CUSTOMER: Jon Gresham
CUSTOMER'S ADDRESS: 3763 Lee Rd 390, Opelika, AL 36804
PHONE: (334) 595-3508 EMAIL: [email protected]
TREATMENT ADDRESS: 3763 Lee Rd 390, Opelika, AL 36804
STRUCTURE(S) TREATED: mobile home, crawl space

GENERAL CONDITIONS
This is a Contract between Prewett Pest Control, LLC (hereafter " Prewett"), and the Customer named above ("Customer") which provides for the
installation, monitoring, and baiting of a Sentricon System (the "System") for the control of termite activity on the premises described above. NOTE: All
references to termites apply only to Native Eastern Subterranean Termites (genus Reticulitermes) and Formosan termites (Coptotermes
Formosanus Shiraki) unless specifically noted otherwise. Under this Contract, Prewett agrees to install, monitor and bait the structure(s) with the System,
in complete compliance with the label and all applicable laws, rules and regulations. This Contract only provides treatment for Native Eastern Subterranean
Termites (genus Reticulitermes) and Formosan termites (Coptotermes Formosanus Shiraki). This Contract does not control or protect against any aerial
(above ground) infestation of any kind, such as but not limited to, drywood or dampwood termites (Kalotemes, Incisitermes), carpenter ants, powder post
beetles, or wood boring beetles. This Contract does not provide for protection from or treatment for any other wood destroying organism, mold, fungus, insect
or pest.
For the sum of $449 Prewett will install, monitor and maintain the System for a period of one (1) year and is effective 04/29/2022 through 04/29/2023.
This contract may be renewed annually after the first anniversary of the initial term herein on a year to year basis, as specified in Paragraph 13 for an annual
renewal fee of $360. The renewal years will be for inspection only unless live termites are found. The annual renewal fee may be adjusted after the third
anniversary date of this Contract at the sole discretion of Prewett. THIS CONTRACT IS VOID WITHOUT THE ATTACHED COMPLETED DIAGRAM OF THE
STRUCTURE TREATED.
PAYMENT TERMS: The initial Contract price shall be payable as follow: after initial completion.
PREWETT AND CUSTOMER AGREE AS FOLLOWS:
1 . SERVICE COMMITMENT. Prewett will, in compliance with all applicable the Stations and other Components contained therein for appropriate disposition.
federal, state, local laws, rules, and regulations, and all applicable Prewett and Corteva Agriscience reserve the right to pursue to the fullest their
recommendations contained in literature provided by Corteva Agriscience: legal rights relating to the use and adverse possession of the Sentricon System
A. Install Sentricon termite bait stations (the "Stations") in the soil around the Components.
outside perimeter of the structure(s) specified above (the "Structures"); C. If Prewett, for whatever, reason, ceases to represent, the Sentricon System:
B. Inspect and service those stations according to the label directions for the term 1. Prewett will: (a) so notify Customer, (b) offer Customer the alternative of
of this Contract. either using a different form of termite protection or discontinuing this relationship;
C. Replenish Recruit HD termite bait as appropriate to and remove it from the (c) if Customer and Prewett (the "Parties") agree to use a different form of termite
Stations as appropriate; protection, Prewett will give Customer credit for services paid for but not yet
D. Inform Customer of: (1) any new or increased termite activity noted at the received; (d) if Customer elects to discontinue the relationship or if Prewett cannot
Stations; (2) any replenishment of Recruit termite bait; and (3) any observed effect offer an effective different form of termite protection, Prewett will refund to
of the Sentricon Termite Colony Elimination System (the "Sentricon System") on Customer an amount equal to the fee paid for services not yet received, and (e)
termite activity Prewett will retrieve, or advise Corteva Agriscience or its representative where to
E. At Prewett's option and within its discretion, apply liquid chemical termiticides retrieve, the Components from Customer's premises; and
in, on, or around the structure(s) treated in order to supplement the effectiveness 2. Customer will: (a) grant Prewett and Corteva AgriSciences or its
of the Sentricon System. representative reasonable access to the premises for the retrieval of the
2. CUSTOMER UNDERSTANDING OF THE SENTRICON SYSTEM Components; and (b) either agree with Prewett on the use of a different form of
PERFORMANCES. Customer understands that: termite control or elect to discontinue this relationship.
A. The Sentricon System involves initial installation and servicing and colony 4 . INTERFERENCE. The Customer agrees to not take any action that would
elimination with Recruit HD termite bait for continuous termite protection. interfere with the operation of the Sentricon system, including, but not limited to,
B. The active ingredient in Recruit HD bait used in the Sentricon system is an removing any Sentricon Stations because this will interfere with the effective
insect growth regulator (noviflumuron) which prevents worker termites from operation of the Sentricon System.
molting and disrupts termite reproduction which leads to termite colony 5 . ADDITIONS, ALTERATIONS, AND OTHER CHANGES. This Contract covers
elimination. the Structure(s) identified herein as of the date of the initial installation. Prior to the
C. Recruit HD bait and the active ingredient (noviflumuron) is always present in (a) structure(s) being structurally modified, altered of otherwise changed, or if (b)
the Sentricon System with Always Active technology and is immediately to any termiticide being applied on or close to the location of any Station, or if (c)
available in all of the stations that are installed on the Customer's property. soil is removed or added around the foundation, or (d) any tampering with baiting
D. Intervals of from a few weeks to several months should be expected between: equipment or supplies occurs, Customer will immediately notify Prewett in writing.
(1) installation of the Sentricon System Stations and sufficient termite activity to In the event that Customer installs spray foam insulation in crawl spaces and/or
allow consumption of Recruit termite bait: and (2) complete elimination of the attics or encapsulates the crawl space, thereby rendering these areas
termite colony. inaccessible to inspection this Contract becomes VOIDABLE at the discretion of
E. Recruit HD termite bait, used in the Sentricon System with Always Active Company. Failure to notify Prewett in writing of the events listed above may void
technology, meets the US EPA criteria of Toxicity Category IV by all routes of this Contract. Additional services because of any addition, alteration, or other such
exposure. As such, no signal word is required on the Recruit HD label. event may be provided by Prewett at the Customer's expense, and may require an
F. During the interval(s) between installation of the Sentricon System Stations adjustment in the annual fee. Prewett reserves the right to terminate this Contract
and complete elimination of existing termite colonies, termite feeding within the if Customer fails to notify Prewett of any of the events listed above.
Structure, possibly involving additional structural damage,should be expected to 6 . Spray Foam Insulation, Encapsulated Crawl Spaces. In the event that
occur. Additional services,such as spot applications of conventional termiticides, Customer installs spray foam insulation in crawl spaces and/or attics or
are available to combat termite activity on a localized,short-term basis, if desired, encapsulates the crawl space, thereby rendering these areas inaccessible to
but are not needed for, and will not contribute to, termite colony elimination. inspection this Contract becomes VOIDABLE at the discretion of Prewett. Prewett
3. CORTEVA AGROSCIENCES OWNERSHIP OF SENTRICON SYSTEM will not be held liable for any damages arising from or related to infestations that
COMPONENTS. The Customer also understands that: result due to the inability to inspect areas of the property due to spray foam
A. All of the components of the Sentricon System ("Components") are and will insulation in crawl spaces and/or attics or encapsulation of crawl spaces. It is the
remain the property of Corteva Agriscience. Customer has no rights to any of the Customer's duty to inform Prewett of any spray foam insulation installations and/or
Components, other than the right to their use as installed by Prewett on crawl space encapsulations prior to such work being performed.
Customer's premises under this Contract.
B. On expiration or termination of this Contract, Prewett and Corteva Agriscience
or their representative are authorized by Customer to retrieve from Customer's
premises
By signing this Contract, I, the Customer, certify that I have read and fully understand the provisions on the front and back of this Contract (specifically
including the ARBITRATION CLAUSE contained in paragraph 7 and the SPECIFIC EXCLUSIONS CLAUSE contained in paragraph 19 on the reverse
side) with all its terms and conditions without limitation, and it being specifically understood that Prewett and the undersigned are bound only by the terms of
this Contract and not by any other representation(s) oral or otherwise. I, the Customer, grant Prewett and its employees permission to be on the property listed
on this agreement anytime during business operating hours for the purpose of fulfilling the terms of this Contract. If solicited, Customer may cancel this
Contract at any time prior to midnight of the third (3rd) business day after execution of this Contract.

ADDITIONAL TERMS AND CONDITIONS ON REVERSE SIDE

 SENTRICON RETREATMENT CONTRACT
PAGE 2
7. BINDING ARBITRATION. Any controversy or claim arising out of or relating 15. NOTICE OF CLAIMS AND ACCESS TO PROPERTY. Any claim under the
to this contract, or the breach thereof, shall be settled by arbitration administered terms of the Contract must be made immediately in writing to Prewett. Prewett is
by the American Arbitration Association in accordance with its Consumer only obligated to perform under this Contract if Customer allows Prewett access to
Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be the identified structure for any purpose contemplated by the Contract, including but
entered in any court having jurisdiction thereof. The parties acknowledge and not limited to reinspection, whether the inspection was requested or considered
understand that by agreeing to submit their dispute to binding arbitration they are necessary by Customer or required by the Contract and requested or considered
effectively waiving their right to trial by jury as a means of resolving disputes. necessary by Prewett.
Furthermore, the parties acknowledge that they desire to arbitrate any dispute
arising from this agreement in an effort to resolve such dispute(s) quickly and 16. DISCLAIMER. (A) Prewett's liability under this Contract will terminate if
avoid the costs of litigation. In no event shall an award in an arbitration initiated Prewett is prevented from fulfilling it's responsibilities under this Contract by
under this clause exceed $1,000,000.00. circumstances or causes beyond the control of Prewett. (B) This Contract
specifically excludes protection from any aerial infestation of termites. This
8. CUSTOMER COMMITMENT AS TO CONDITIONS CONDUCIVE TO Contract only provides treatment for Native Eastern Subterranean Termites
INFESTATION. Customer warrants full cooperation with Prewett during the term ( g e n u s Reticulitermes) and Formosan Termites (Coptotermes Formosanus
of this Contract, and agrees to maintain the area(s) baited free from any factors Shiraki) . (C) Prewett disclaims any liability for special, incidental or consequential
contributing to infestation, such as wood, trash, lumber, direct wood-soil contact, d a m a g e . PREWETT MAKES NO GUARANTIES OR WARRANTIES,
standing water under pier type structure, or as noted below in Paragraph 19, EXPRESSED OR IMPLIED, EXCEPT THOSE SPECIFICALLY STATED
"Specific Exclusions." The Customer also agrees to notify Prewett of and to HEREIN. PREWETT EXPRESSLY DISCLAIMS ALL WARRANTIES OF
eliminate faulty plumbing; leaks; dampness from drains; condensation or leaks MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The use of
from the roof or otherwise into, onto, or under the area(s) baited. At no time will the word "will" in connection with an action by Prewett or Customer expresses a
damage caused to any portion of the Structure(s), even by an active wood contractual obligation to perform such action and does not constitute a warranty by
destroying insect infestation, be the responsibility of Prewett in areas where any of either party regarding the performance of such action.
the conditions described in this Paragraph exist. Failure of Prewett to alert the
Customer to any of the above conditions does not alter the Customer's 17. TERMINATION. Prewett'sliabilityunderthisContractwillterminateandPrewett
responsibility under this paragraph. Prewett reserves the right to terminate this will be excused from the performance of any obligations under this Contract should
Contract if Customer fails to correct any condition, including but not limited to the 1) Customer allow another pest control operator and/or company to treat the
conditions listed above, which contribute or may contribute to infestation; and subject structures(s) during any term hereof, 2) Customer utilize any home remedy
Prewett shall be released from any further obligation products, "do-it-yourself" products, over-the-counter products or any chemicals to
underthecontractuponnoticeofterminationtoCustomer. Customer must report any treat termites that could cause a negative resolution or chemical reaction, or 3)
signs and/or evidence of termites or damage within fourteen (14) days of discovery Prewett be prevented or delayed from fulfilling its responsibilities under the terms
of such infestation and/or damage. PREWETT IS NOT RESPONSIBLE FOR of this Contract by reasons or circumstances reasonably beyond Prewett's control,
NOTIFYING CUSTOMER OF CONDUCIVE CONDITIONS. including, but not limited to, acts of war, whether declared or undeclared, acts of
any duly constituted government authority, strikes, acts of God, or refusal of
9. CHANGE IN LAW. This Contract shall be interpreted, regulated and Customer to allow Prewett access to the structure(s) for the purpose of treatment
adjudicated in accordance with applicable federal, state and local laws and or carrying out the terms and conditions of this Contract.
regulations as they exist at the time this Contract is executed. Should any federal,
state or local law or regulation be changed regarding Prewett's services or 18. CHEMICAL SENSITIVITY. If Customer or other occupants of the
treatment, Prewett may take whatever steps are necessary to comply with said structure(s), or adjacent buildings, believe they are or may be sensitive to
laws. pesticides/termiticides or their odors, or if Customer or other occupants have
consulted with a medical doctor, or other healthcare provider, regarding such
10. EXISTING DAMAGE. Prewett is not responsible for the repair of either sensitivity, Customer must notify Prewett in writing, in advance of treatment of the
visible termite damage (noted on the attached graph) or of hidden damage structure(s). Prewett reserves the right, upon receipt of such notification, to deny
existing as of the date of this Contract. The graph covers only those areas that or terminate service. Failure to provide such notification represents Customer's
were visible, accessible and unobstructed at the time of inspection and does not assumption of risk and waiver of any claims against Prewett in connection with
cover areas such as, but not limited to, those that are enclosed or inaccessible, such sensitivity. Prewett reserves the right to use chemical termiticide where
areas concealed by wall coverings, floor coverings, ceilings, furniture, equipment, active termites are found. Chemicals should not be used near a well or cistern,
appliances, stored articles, or any portion of the structure in which inspection therefore; it is the responsibility of the Customer to notify Prewett, in writing, in
would necessitate removing or defacing inaccessible to a visual inspection. advance of treatment, if there is a well or cistern in the vicinity.
Prewett does not guarantee that the damage disclosed on the graph represents all
of the existing damage as of the date of this Contract. The graph is not drawn to 19. SPECIFIC EXCLUSIONS. The Contract does not cover and Prewett will not
scale. be responsible for:
1. Damage resulting from moisture conditions, including but not limited to
11. DAMAGE RELATED TO SERVICES. Prewett will exercise due care in fungus or mold, whether visible or not;
performing any work under this Contract to try to avoid damaging any part of 2. Damage associated with rot and/or excessive moisture/water intrusion,
Customer's property, plants, or animals. Under no circumstances or conditions will including but not limited to roof leaks, plumbing leaks, winCorteva leaks,
Prewett be responsible for damage caused by Prewett at the time the work is leaks due to construction error/flaws, water intrusion due to maintenance
performed except those damages resulting from gross negligence on the part of neglect;
Prewett. 3. Damage resulting from wood in direct contact with the soil, whether visible
or not;
12. DAMAGE. Prewett is not responsible for (1) any past or existing damage to 4. Damage resulting from stucco, synthetic stucco, EIFS and/or rigid foam
the structure(s) or its contents at the date of this Contract caused by any wood- board and/or expanded foam materials in contact with the soil and/or
destroying organisms or insects, including termites whether visible or hidden, or covering interior or exterior foundation walls in such a way as to provide
(2) any costs or expenses incurred by Customer as a result of such damage, or termites with hidden or protected access to the structure, whether visible or
(3) any damage caused by or related to any of the conditions described in not;
Paragraph 8 above. If at any time during the term of this Contract, Native Eastern 5. Damage resulting from masonry failure or grade alteration(s);
Subterranean Termites (genus Reticulitermes) or Formosan Termites 6. Damage and/or treatment caused by infested wood and/or furniture
(Coptotermes Formosanus Shiraki) appear and infest the structure(s), Prewett introduced into the structure after initial treatment;
agrees to repair any and all new termite damage to the treated structure(s) (i.e., 7. Damage resulting from construction defects or construction practices that
damage where live termites are found by a Prewett representative) at the expense contribute to termite infestation and/or damage;
and direction of Prewett. Prewett's obligation to perform under this paragraph shall These specific exclusions are in addition to the other exclusions contained
arise only if all the conditions herein are met. PREWETT'S TOTAL REPAIR in this Contract.
OBLIGATION IS LIMITED TO $1,000,000.00. PREWETT WILL NOT REPAIR
ANY DAMAGE DISCOVERED AFTER CONTRACT DATE UNLESS LIVE 20. SEVERABILITY. If any part of this Contract is held to be invalid or
ACTIVE INFESTATION IS FOUND. Prewett will not repair any existing damage unenforceable for any reason, the remaining terms and conditions of this Contract
i d e n t i fi e d on the diagram attached hereto. PREWETT IS NOT A will remain in full force and effect.
CONSTRUCTION OR BUILDING TRADE EXPERT AND IS NOT EXPECTED TO
ASSESS STRUCTURAL SOUNDNESS. 21. TRANSFERABILITY. This Contract will terminate upon transfer of
ownership of the described structure(s). However, Prewett, at its discretion, may
13. RENEWAL FEE. During the term of this Contract or any extension thereof, transfer the contract to a new purchaser provided the new purchaser signs a
Prewett will monitor and maintain the components of the System and perform a graph showing the condition of the structure(s) at transfer, and pays a renewal fee
visual inspection of readily accessible areas of the structure(s), annually for the as established by Prewett.
renewal fee set forth hereinabove The annual renewal fee may be adjusted after
the first anniversary date of this Contract at the sole discretion of Prewett. This 22. CUSTOMER'S PAYMENT OBLIGATION. The obligation of Prewett under
Contract will renew on a year to year basis, unless either party gives notice in this contract is conditioned upon payment in full of the Contract price as set forth
writing, at least thirty (30) days prior to any anniversary date, of its election not to above and failure to pay the same in full shall cancel this Contract in its entirety
renew the Contract. The annual renewal fee may be adjusted after the first and discharge Prewett of any liability and any amount paid shall become the
anniversary date of this Contract, at the sole discretion of Prewett. Customer may property of Prewett as liquidated damages. Liability of Prewett is limited to the life
terminate this Contract, notwithstanding the thirty (30) day notice requirement, of the Contract and any renewal thereof. Prewett may terminate this Contract if
upon receipt of Prewett's notice of increase in fees. However, if Customer does payment is not received within thirty (30) days of the date of invoice. In the event
not cancel this Contract by the required time period by written notice, then this legal action is necessary to collect any amount due Prewett, Prewett shall be
Contract will automatically renew for an additional one (1) year period and entitled to recover from Customer all reasonable costs of collection, including
Customer shall be responsible for paying the renewal fee as set forth in this reasonable attorney's fees and expenses, in addition to any outstanding amount
paragraph. due Prewett. In addition, interest at the rate of 1.5% per month, being 18%
annually or the highest rate allowed by applicable law will be assessed on any
14. ENTIRE CONTRACT. This Contract, together with attachment(s), if any, past due amounts owed by Customer until paid. This Contract and any extension
constitutes the entire Contract between the parties. No other representation or of its term will be effective only upon payment of the charges as provided herein.
statements, whether oral or written, are binding upon the parties.
23. CHOICE OF LAW. This Contract shall be constructed and enforced in
accordance with the laws of the State of Alabama.

Trademark of The Corteva Chemical Company ("Corteva") or an affiliated company of Corteva

4/27/22 4/27/22

Date Customer Date Customer

4/27/22

Date Prewett's Representative

Signed on: Wednesday, 04/27/2022