Services provided by Springer and governed by this Agreement consist solely of the treatment of areas infested by bed bugs (the “services”). Springer is and shall not be responsible for any injury, disease or illness (including death) or property damage actually or allegedly caused by bites, stings, or contamination of bed bugs or any other insects.

Bed bugs are highly transitory and can be reintroduced into a structure by guests, visitors and residents. This Agreement applies only to Springer’s immediate treatment of the area described in Springer’s Agreement. Evidence of activity discovered in your facility will be handled under separate Agreement.

MATERIAL: The products used by Springer Professional Home Services (further known as Springer) conform to federal and state laws.

INSURANCE: Springer shall maintain all necessary insurance coverage during the term of the Agreement.

SERVICE LEVEL AGREEMENTS: Springer’s employees will perform the services governed by this Agreement in a professional and workman like manner and in accordance with standards generally accepted in the pest management industry. If you believe that the Services are not performed in a professional and workmanlike manner or in accordance with standards generally accepted in the pest management industry, you shall notify Springer as soon as possible, but in no event, no more than thirty (30) days after Springer has concluded its performance of the Services in questions. If no such notice of claim is given within the thirty (30) day time period, such claims shall be deemed waived. Springer will, at its option remedy any such defect in the performance of services by: (1) re-performing that portion of the Services there were defective; (2) issuing a credit for that portion of the Services that were defective; or (3) issuing a refund for that portion of the services that were defective. The remedies of re-performance, credit or refund as set forth above shall constitute your exclusive remedy for any performance of the services by Springer that does not comply with the standards set forth in this section. Springer makes no warranties regarding the Services and explicitly disclaims all implied warranties, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

LIMITATION OF LIABILITY: Springer shall not be liable, under any circumstances, to you or to any third party, for any consequential, incidental, indirect, exemplary, punitive or special damages, including, without limitation, any lost profits or labor costs, arising from the performance of the Services, from any breach of this Agreement or from any other cause whatsoever, regardless of whether the claim given rise to such damages is based upon breach of warranty (expressed or implied), breach of contract, tort or any other theory of liability, even if a party has been advised of the possibility thereof. Although Springer will exercise reasonable care in performing services under this Agreement, Springer will not be liable for injuries or damage to persons, property, birds, animals or vegetation, except those damages resulting from gross negligence by Springer. Further, under no circumstances will Springer be responsible for any injury, disease or illness (including death) or property damages caused, or allegedly caused by bites, stings or contamination of bed bugs or any other insects, spiders, rodents or beetles. You acknowledge and agree Springer’s representatives are not medically trained to diagnose bed bug-borne illnesses or diseases. Springer’s aggregate liability to you for any cause of action arising out of or relating to this Agreement shall not exceed the price of the services paid to Springer by you under this Agreement. The limitations set forth in this Agreement regarding Springer’s liability shall be valid and enforceable notwithstanding a failure of essential purpose of the limited remedies specified above.

SPECIFIC EXCLUSIONS: Springer will not be responsible for, and you will indemnify and hold Springer, its employees, agents, officers, directors, successors and assigns harmless from and against any and all damages, costs, causes of action, liabilities, losses, obligations, judgments and expenses (including, without limitation, reasonable attorney’s fees) arising from or related to claims brought by third parties; (1) related to the replacement of linen, upholstery, furniture, mattresses, soiling or related costs; (2) related to medical evaluation or treatment for bites associated with bed bugs; (3) related to any personal injury ancillary to an infestation of bed bugs; or (4) loss of income claimed to be related to any bed bug bites or associated illnesses.

NO THIRD PARTY BENEFICIARIES: This Agreement shall expressly be between Springer and you. No third party shall be entitled to the benefits of this Agreement.

CHANGE OF LAW: Springer performs its services in accordance with the requirements of federal, state and local laws. In the event of a change in exiting law, as it pertains to the service promised herein, Springer reserves the right to revise the service charges or terminate this Agreement.

NON-PAYMENT, DEFAULT: In case of non-payment or default by the purchaser, Springer has the right to terminate this Agreement. In the event litigation is initiated to enforce the provisions of this Agreement, the prevailing party shall be entitled to payment for reasonable attorney fees and costs as set by the court at the trial or appellate levels. In addition, interest at the highest legal rate will be assessed for the period of delinquency.

ARBITRATION: The purchaser and Springer agree that all matters in dispute between them, including but not limited to (i) any controversy or claim between them arising out of or relating to this Agreement, (ii) any wood destroying insect report with respect to the described property or (iii) The described property in any way, in any such case whether by virtue of contract, tort or otherwise, shall be settled exclusively by arbitration. Such arbitration shall be conducted in accordance with the Commercial Arbitration Rules then in force of the American Rules of Evidence, whether or not set out by statute, except for provisions relating to privileged communications. The Arbitrator shall give effect to any and all waivers, releases disclaimers, limitations, and other terms and conditions of this Agreement. Therefore, the award shall not, and the Arbitrator shall not, have the power or authority to hold responsible for (i) the repair or replacement of any termite damage to the described property (ii) loss of anticipated rents and/or profits or loss of quite enjoyment or (iii) direct, indirect, special, incidental, consequential, exemplary, or punitive damages. Each party shall be responsible for paying any attorney’s fees, expert witness fees, and other expenses incurred by the Arbitrator, and the award shall assess the Arbitrator’s fees and expenses accordingly. Any award of damages pursuant to such arbitration shall be included in a written decision, which shall state the reasons upon which the award was based, including all the elements involved in the calculation of any award of damages. The decision of the Arbitrator shall be a final and binding resolution of the disagreement, which may be entered as a judgment by any court of competent jurisdiction, resolution of the disagreement, which may be entered as a judgment by any court of competent jurisdiction. Each party consents to the personal jurisdiction and venue of the courts in which the described property is located. Neither party shall sue the other party with respect to any matter in dispute between the parties other than for enforcement of this arbitration provision or of the Arbitrator’s decision and a party violating with this provision shall pay the other party’s cost, including but not limited to attorney’s fees, with respect to such suit and the Arbitration award shall so provide.

ENTIRE AGREEMENT AMENDMENT: This Agreement sets forth the entire, final and exclusive Agreement between Springer and you regarding the services provided in this specific Agreement. The terms of this Agreement shall not be modified or amended, unless such modification or amendment is set forth in writing signed by duly authorized representative or Springer. Any employee or sales representative of Springer is not authorized to vary or expand upon the terms of the Agreement in any manner.