Service Agreement
This Service Agreement (“Agreement”) is entered into between Nuisance Wildlife Control, LLC (“NWC”) and the undersigned customer (“Customer”). The Agreement creates obligations solely between NWC and Customer. No third party shall be deemed a beneficiary of this Agreement. If any provisions of this Agreement are found unenforceable in a court of law, the remaining provisions shall remain in full force. This Agreement constitutes the entire agreement between the parties and supersede any prior oral or written understandings.
1. SCOPE OF SERVICES
The Customer enters this Agreement with the understanding that services may be provided either under a written estimate or, for certain routine or smaller services, without a separate estimate. Where an estimate is provided, only the services outlined in the agreed-upon estimate will be performed. Additional services outside the estimate require the Customer’s approval, which may be given in writing, electronically, or verbally, and may be confirmed by an addendum at NWC’s discretion. Customer’s scheduling or acceptance of services, whether verbal, electronic, or written, constitutes authorization under this Agreement. The Customer acknowledges that occasional non-capture of target wildlife may occur, and that additional trapping rounds or alternate tactics may be offered at additional costs.
Any assessment performed by NWC is solely for informational purposes. Customer acknowledges that an assessment does not automatically guarantee a written estimate for services. Written estimates are prepared at NWC’s discretion and only upon request and may require additional time beyond the assessment visit.
Non-Target Capture Clause – wildlife traps sometimes catch neighbor’s cats, squirrels when you’re after raccoons, etc. NWC is not liable for non-target captures but will release them unharmed (if legal).
Seasonal Limitations –certain exclusions (like bats) can’t be legally done during maternity season.
Odor Disclosure – trapped/dead animals or guano removal can leave temporary odor. NWC is not liable for residual smells after reasonable treatment.
NWC does not guarantee the permanent removal or absence of wildlife from Customer’s property. Wildlife activity may recur despite services rendered, particularly if Customer declines recommended repairs or exclusion work.
2. ACCESS TO PROPERTY
Upon signing this Agreement, Customer grants NWC and its authorized representative’s permission to enter and perform services at the service address. If the Customer will not be present, reasonable accommodations must be made for access. If NWC is denied access, no treatment will be provided, and a service charge will apply for return visits. In property management / tenant situations, the property manager acknowledges tenants’ consent to services and accepts responsibility for ensuring all compliances.
Neighbor Consent – if traps or work cross property lines (common with fences, roofs, shared attics), customer is responsible for obtaining neighbor’s consent.
3. CUSTOMER RESPONSIBILITIES
Customer acknowledges that wildlife removal, cleanup, and exclusion involve inherent risks, including but not limited to odor, noise, staining, and further wildlife activity. Customer assumes all such risks except where directly caused by NWC’s gross negligence.
Property managers must confirm tenants’ acknowledgment of services and commit to obligations herein.
State law requires live traps be checked every 24 hours unless remote monitoring is used; Customer agrees to provide reasonable access.
Customer must keep pets sequestered and away from NWC technicians.
Customer must ensure children and pets stay away from traps, chemicals, or treated areas.
Customer must not tamper with traps, repairs, or equipment. If traps or equipment are damaged or destroyed, Customer will be billed for replacement at current retail value.
Customer is responsible for notifying lawn care providers or contractors not to interfere with traps or equipment.
Customer assumes liability for damage or destruction of NWC equipment and will be billed retail replacement cost.
Customer must prepare the site as reasonably requested by NWC (e.g., clearing attic access, removing obstructions).
Customer agrees to hold NWC harmless from claims or damages arising from failure to comply with directions.
Customer agrees to indemnify, defend, and hold harmless NWC, its employees, and agents against any claims, damages, or expenses (including attorney’s fees) arising from Customer’s failure to comply with this Agreement, conditions outside NWC’s control, or claims by third parties related to wildlife, traps, odors, or property access.
Utilities: Customer must ensure that water, electricity, and lighting are available where necessary.
4. LIABILITIES AND LIMITATIONS
NWC will exercise reasonable care during work but is not liable for injuries, damage to persons, property, animals, or vegetation except in cases of gross negligence. Liability is limited strictly to the labor and products necessary to provide wildlife control. In no event shall NWC’s liability exceed the total fees paid by Customer under this Agreement.
NWC is not responsible for:
Medical expenses related to wildlife exposure.
Personal injury or property damage caused by wildlife intrusion.
Loss of income related to wildlife presence.
Pre-existing conditions, damages, or hazards at the property including but not limited to structural defects, leaks, wiring, mold, or animal damage discovered during work.
Weather conditions, acts of God, or delays caused by third-party contractors or utility providers.
NWC shall not be liable for consequential, incidental, indirect, or punitive damages, including but not limited to loss of income, loss of use, or emotional distress.
Customer complaints regarding noises from traps or wildlife during active trapping.
Structural or roofing warranties beyond wildlife exclusion (i.e., NWC does not guarantee against leaks or unrelated structural failures).
5. SAFETY AND HAZARD ACKNOWLEDGEMENT
Wildlife cleanup may involve exposure to pathogens (e.g., Histoplasma capsulatum). Customer acknowledges these risks and agrees to follow post-treatment guidance.
NWC is not responsible for concealed hazards such as faulty wiring, asbestos, structural defects, or unsafe roof conditions.
If conditions become unsafe, NWC may terminate or pause work. A partial refund may be issued at NWC’s discretion.
6. PAYMENT TERMS
Larger Jobs: All repair or remediation jobs require a 50% deposit upfront. Remaining 50% is due at job completion.
Trapping & Smaller Jobs: All jobs under $1,000 are due in full upfront.
Incidentals Cushion: Some estimates may include a cushion to cover unforeseen materials or labor. Any unused portion will be deducted from the final invoice; applied costs will be itemized.
Payments may be made by cash, check (payable to Nuisance Wildlife Control), or credit card.
Credit card payments are subject to a 3% processing fee.
Deposits are nonrefundable.
Nonpayment is subject to legal action, with NWC entitled to recover all collection costs, attorney’s fees, and 1.5% monthly (18% annually) interest until paid.
7. TERMINATION
The Customer may terminate services in writing at any time; deposits are nonrefundable. NWC may terminate this Agreement if:
Another pest control company or contractor interferes with NWC services.
The Customer uses unapproved chemicals, DIY remedies, or devices.
Unsafe or hazardous conditions are present.
NWC is denied property access.
Customer fails to confine pets or repeatedly tampers with equipment.
Traps or equipment are vandalized or repeatedly destroyed.
Nonpayment occurs.
8. EXCLUSIONS
This Agreement does not cover:
Insects or arthropods.
Damages resulting from wildlife intrusion into areas not serviced by NWC.
Force majeure events (fire, flood, tornado, severe storms, etc.).
Specialty access needs such as scaffolding, lifts, or anchors unless specifically included in the estimate.
9. SERVICE LIMITATIONS
NWC cannot guarantee wildlife will not attempt re-entry through unaddressed areas.
Trapping fees are for services rendered, not guaranteed capture. Refunds are not provided for non-capture.
If Customer declines temporary exclusion or repair, NWC is not responsible for re-entry.
NWC is not responsible for third-party delays or damages caused by other contractors.
10. DOCUMENTATION
NWC may photograph or otherwise document property conditions before, during, and after service for records, warranty validation, and training purposes. These records may be retained for at least three (3) years.
Nuisance Wildlife Control reserves the right to photograph and or video property for marketing and educational purposes unless the property owner specifically requests otherwise; all photographs and or video will be taken with care to avoid disclosing the customer’s identity or the exact location of the property.
11. WARRANTY
Repairs: All repairs are warrantied for 1 year.
Exclusions: All full exclusions are warrantied for 1 year, with NWC returning at 1 month, 6 months, and 11 months post-completion for inspections and necessary adjustments.
Cleanup/Disinfection: No warranty unless bundled with exclusions or repair work.
Warranty Claims:
Customer must notify NWC promptly.
One free warranty inspection visit is provided; subsequent unwarranted calls are billed at NWC’s current assessment rate.
Warranties are void if: (a) invoices are not paid in full, (b) Customer or others alter, damage, or remove NWC’s work.
Warranty applies only to areas specifically serviced on the invoice. Wildlife intrusion in untreated areas constitutes new service.
Third-party products may carry their own warranties; NWC covers workmanship only.
Warranties transfer to new owners if property is sold, provided terms are met.
Disclaimer: Except for the express workmanship warranty, all other warranties (express or implied) are disclaimed to the fullest extent permitted by law.
12. CHEMICALS AND SANITIZERS
NWC may apply pesticides, fungicides, sanitizers, or disinfectants in the course of services. All applications are conducted in strict accordance with manufacturer instructions, EPA labeling, and applicable state and federal law.
Such use is standard industry practice and necessary for remediation.
NWC is not liable for health reactions or property effects when products are applied in compliance with laws and label requirements.
Customer must notify NWC of known sensitivities, allergies, or health conditions prior to service.
LICENSING LIMITATION:
NWC is licensed as a Nuisance Wildlife Control Operator (NWCO) in both Indiana and Kentucky. NWC is licensed as a Pest Control Operator (PCO) in Indiana only. Accordingly, pesticide related services described in this section apply solely to Indiana customers. For properties located in Kentucky, pesticide related services will not be performed by NWC unless provided in partnership with a properly licensed Kentucky PCO.
FOGGING AND RE-ENTRY:
If disinfectants, fungicides, sanitizers, or other products are fogged or atomized within the property, the Customer agrees to vacate all humans, pets, and nonessential items from the premises during the application and for a minimum of three (3) hours following completion, or longer if specified by the product manufacturer. Customer is solely responsible for ensuring compliance with this requirement. NWC shall not be held liable for adverse health effects, injuries, or damages resulting from failure to vacate during the required period.
13. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of Indiana. Venue for disputes will be in the county of NWC’s principal office. In the event of a dispute, parties may first attempt mediation or arbitration before litigation.
Customer acknowledges that NWC is licensed as NWCO in both Indiana and Kentucky, but as a PCO in Indiana only. This Agreement does not create or imply PCO-related obligations for Kentucky properties unless NWC provides such services in partnership with a properly licensed Kentucky PCO.
15. ADDITIONAL TERMS
After hours callouts are billed at NWC’s current emergency service rate.
Relocation of traps or equipment at Customer request may incur additional travel/reset fees.
Customer agrees to indemnify and hold NWC harmless against claims arising from conditions outside NWC’s control.