CONSUMER INFORMATION SHEET

The structural pest control industry is regulated by the Texas Department of Agriculture (TDA), Structural Pest Control

Service (SPCS), P.O. Box 12847, Austin, TX 78711-2847. TDA licenses the businesses, certified applicators, technicians, and registers apprentices who perform structural pest control work. Certified applicators and technicians must pass a written examination in order to receive their licenses.

Pesticides must be registered with the United States Environmental Protection Agency (EPA) and TDA before they may be used in Texas. EPA registration is not a finding of product safety. Pesticides are designed to kill or control pests. Your risk of harm depends upon the degree of your exposure and your individual susceptibility.

Specific health and safety information varies between pesticides and types of exposures and is available on the label information or SDS sheet, which can be supplied to you upon request from the licensed applicator. Take precautions when a treatment has been performed to avoid exposure to vulnerable individuals Pesticides may be harmful if swallowed, inhaled, or absorbed through the skin. Avoid breathing dust or spray mist and any unnecessary contact with treated surfaces. If you desire specific information on precautions, refer to the pesticide label. The law requires that the application procedures specified on the label be followed.

If you have questions about the application, contact the business or person making the application. If you suspect a violation of the law regarding structural pest control, contact the SPCS. In case of a health emergency, seek immediate medical attention.

Pest Control signs must be posted prior to treatment in many instances. The signs should be posted in an area of common access at least 48 hours prior to treatment. The information sign will allow you to contact someone who can tell you what pesticide is being used.

If you are contracting for pest control services due to a home solicitation, you have the right to cancel the contract within 72 hours. You may exercise this right by notifying the pest control company that you do not wish to receive their service.

For general information on pesticides, contact the National Pesticide Information Center at 1-800-858-7378

For information concerning structural pest control laws, contact the Structural Pest Control Service at 866-918-4481.

For information concerning the formulation and registration of pesticides, contact the TDA pesticide registration at (512)463-7407 or 800-835-5832.

For non-emergency health information relating to pesticides, contact the Texas Department of State Health Services (512) 458-7111.

Revised 1/15/22

REQUIRED BY THE TDA STRUCTURAL PEST CONTROL SERVICE

TERMS AND CONDITIONS

This Agreement provides for service to control for and mitigate against infestations of agreement-designated pests. WING 8 shall not be responsible for any injury, disease, or illness resulting from bites, infestations, or contamination caused by pests.

AutoPay: Purchaser authorizes WING 8 to automatically debit Purchaser’s checking account or credit card as indicated in the amount equal to any recurring service charges due to WING 8 under this Agreement within fifteen (15) days of the date such charge becomes due. This authorization will remain in effect until the fifteenth business day following WING 8’s receipt from Purchaser of a written notice to cancel such authorization. Purchaser understands that cancellation of this authorization does not cancel Purchaser’s obligations under this Agreement.

Purchaser accepts and agrees to the Terms and Conditions of this Agreement, including the MANDATORY ARBITRATION and CLASS ACTION WAIVER provisions 14 and 15 of the Terms and Conditions of this Agreement:

1. INITIAL TERM, RENEWAL. The term of this Agreement shall be a period of one (1) month beginning on the date executed (the “Initial Term”). Thereafter this Agreement shall automatically renew for an additional one (1) month period (each a “Renewal Term”) unless earlier termination in accordance with is Agreement. Notwithstanding the foregoing either Party may terminate this Agreement by providing the other Party with at least 30 days advance written notice prior to the start of any Renewal Term.

2. FEES. Purchaser shall pay the fees of Initial Service Visit and subsequent Service Visits for each month designated on this Agreement for Purchaser’s local area within the Initial Term and any Renewal Term in accordance with the payment terms set forth above based upon the Payment Potion selected by Purchaser. Monthly discounts are contingent upon the Purchaser maintaining any existing Pest Control or Mosquito Control Service, as the case may be, with WING 8. If the Purchaser does not maintain the existing Pest Control or Mosquito Control service(s), as the case may be, for any reason, WING 8 reserves the right to cease offering any applicable discounts and increase the service charges, coverage charges or monthly payment(s) assessed to the customer.

3. SERVICE PLAN: WING 8 shall control for and mitigate against infestations of pests located around the indoor or outdoor areas, of Purchaser’s premises through applications of pesticides and/or granules selected by WING 8 in its discretion (the “Services”). All Services shall be performed in accordance with procedures recognized in the pest control industry and scientific community as effective against target pests.

4. IMPORTANT INFORMATION REGARDING TREATMENTS. PURCHASER UNDERSTANDS AND ACKNOWLEDGES THAT (A) THE APPLICATION OF PESTICIDES AND/OR GRANULES WILL TEMPORARILY REDUCE THE PEST POPULATION ON THE PURCHASER’S PREMISES AND THAT SUBSEQUENT PESTICIDES AND/OR GRANULE APPLICATIONS AT REGULAR SERVICE INTERVALS ARE NECESSARY TO MAINTAIN SUCH REDUCTION; (B) THIS AGREEMENT DOES NOT GUARANTEE, AND WING 8 DOES NOT REPRESENT NOR WARRANT, THAT PEST POPULATIONS WILL BE PERMANENTLY REDUCED OR ELIMINATED BY SUCH PESTICIDES AND/OR GRANULE APPLICATIONS; (C) PURCHASER SHOULD AVOID IRRIGATION OF TREATED AREAS VIA HANDHELD OR IN-GROUND IRRIGATION SYSTEMS WITHIN THE 24-HOUR PERIOD FOLLOWING APPLICATION OF SUCH PESTICIDES AND/OR GRANULES AS SUCH IRRIGATION WILL REDUCE THE EFFICACY OF PESTICIDES AND/OR GRANULES.

5. ACCESS TO PROPERTY. Purchaser must allow WING 8 access to the Purchaser’s property for any purpose contemplated by this Agreement including, but not limited to, reinspections, whether the inspections were requested by the Purchaser or considered necessary by WING 8. The failure to allow WING 8 such access will terminate this Agreement without further notice.

6. PURCHASER COOPERATION. Purchaser’s cooperation is important to ensure the most effective results from Services. Whenever conditions conducive to the breeding and harborage of pests covered by this Agreement are reported in writing by WING 8 to the Purchaser and are not corrected by Purchaser, WING 8 cannot ensure effective Services. If Purchaser fails to correct the conditions noted by WING 8 within a reasonable time period, all guarantees as to the effectiveness of the Services in this Agreement shall automatically terminate. Further, additional treatments in areas of such conditions that are not corrected as required shall be paid for by Purchaser as an extra charge.

7. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE PROHIBITED BY LAW, WING 8 DISCLAIMS AND SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, AND/OR LOSS OF ENJOYMENT DAMAGES.

8. LIMITED WARRANTY. THE OBLIGATIONS OF WING 8 SPECIFICALLY STATED IN THIS AGREEMENT ARE GIVEN IN LIEU OF ANY OTHER OBLIGATION OR RESPONSIBILITY, EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONSIDERATIONS CHARGED BY WING 8 HEREUNDER AND AS A LIQUIDATED DAMAGE, AND NOT AS A PENALTY, AND NOTWITHSTANDING ANY CONTRACT, TORT OR OTHER CLAIM THAT WING 8 FAILED TO PERFORM ITS OBLIGATIONS HEREUNDER, THE SOLE RESPONSIBILITY OF WING 8 IN THE EVENT OF A CLAIM ASSERTED BY PURCHASER SHALL BE, AT THE SOLE DISCRETION OF WING 8, TO: (A) PROVIDE A REPLACEMENT SERVICE TREATMENT TO PURCHASER FREE OF CHARGE, OR (B) REFUND TO PURCHASER THE MONTHLY SERVICE FEE PREVIOUSLY PAID BY PURCHASER TO WING 8 FOR THE MONTH(S) OF ALLEGED DEFECTIVE SERVICE TREATMENT(S) THIS AGREEMENT DOES NOT GUARANTEE, AND WING 8 DOES NOT REPRESENT, THAT, PESTS WILL NOT RETURN FOLLOWING ANY TREATMENTS. WING 8 SHALL NOT BE RESPONSIBLE FOR ANY INJURY DISEASE OR ILLNESS RESULTING FROM BITES, INFESTATIONS, OR CONTAMINATION CAUSED BY RODENTS OR ANY OTHER PESTS.

9. FORCE MAJEURE. WING 8 shall not be liable to Purchaser for any failure to perform or delay in the performance under this Agreement attributable in whole or in part to any cause beyond its reasonable control and without its fault or negligence including, but not limited to, acts of God, fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, government actions, war, civil disturbance, insurrection or sabotage.

10. CHANGE IN LAW. WING 8 performs its services in accordance with the requirements of the law. In the event of a change in existing law as it pertains to the services herein, WING 8 reserves the right to revise the annual service charge or terminate this Agreement.

11. NON-PAYMENT; DEFAULT. In case of non-payment or default by the Purchaser, WING 8 has the right to terminate this Agreement. In addition, the cost of collection, including reasonable attorney’s fees shall be paid by the Purchaser, whether the suit is filed or not, in addition, interest at the highest legal rate will be assessed for the period of delinquency.

12. CHANGE IN TERMS. At the time of any renewal of this Agreement. WING 8 may change this Agreement by adding, deleting, or modifying any provision. WING 8 will notify the Purchaser in advance of any such change, and the Purchaser may decline to accept such a change by declining to renew this agreement. Renewal of this Agreement will constitute acceptance of any such changes.

13. SEVERABILITY. If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect.

14. MANDATORY ARBITRATION. Any claim, dispute, or controversy, regarding any contract, tort, statute, or otherwise (“Claim”) arising out of or relating to this agreement or the relationships among the parties hereto, shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Commercial or consumer, as applicable, Rules in effect at the time the Claim is filed (“AAA Rules”). The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall use the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court for the District or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is, void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver.” Venue for arbitration hereunder shall lie in Dallas, TX.

15. CLASS ACTION WAIVER. Any Claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have the authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE, OR JURY DECIDE THEIR CASE, AND TO BE PART OF A CLASS OR REPRESENTATIVE ACTION. HOWEVER, THE PARTIES UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY THROUGH ARBITRATION.

16. GOVERNING LAW. Except for the Mandatory Arbitration Clause in Section 14 of this Agreement which is governed by and construed in accordance with the Federal Arbitration Act, This Agreement shall be governed by and construed in accordance with, the laws of the state in which the dispute arises without regard to the conflict of law’s provisions.

17. PHONE RECORDINGS. WING 8 reserves the right to record phone calls between the purchaser and WING 8 employees or WING 8 agents for training purposes.

18. COLLECTION OF CUSTOMER INFORMATION. In order to provide you with the best possible customer experience, we may collect certain personal information from you, including but not limited to your name, phone number, address, and email address. This information will be used to perform service(s), keep you updated on the status of your service(s), and for internal record-keeping purposes. We may also use your personal information for marketing and promotional purposes, including sending you information about our products, services, and special offers. If you do not wish to receive marketing communications from us, you may opt out at any time by contacting us or clicking the unsubscribe link included in the marketing emails we send you. By providing us with your personal information, you consent to the collection, use, and disclosure of your information in accordance with this terms and conditions and applicable laws.
19. ENTIRE AGREEMENT. This Agreement, together with all exhibits thereto, constitutes the entire agreement between the 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. Pursuant to the terms of this Agreement, any modification or amendment thereto may be effectuated provided that the Company provides thirty (30) days prior written notice thereof.

Revised 2/10/23