1
2
3

Terms and Conditions

Abra Kadabra Environmental Services, INC, LLC., hereafter referred to as “Abra Kadabra”, and the customer and/or their authorized agent, hereafter referred to as “customer”, agree to the following Terms and Conditions:


1. ACCESS

If a technician arrives for a normally scheduled visit and the customer is not home, only the accessible exterior areas will be treated. A reservice fee may apply if additional trips are required to service the interior or other inaccessible areas. For trapping services, customer agrees to make trapping areas available during normal business hours, 8:00 am – 4:00 pm Monday-Friday and 9:00 am-3:00 pm Saturday and Sunday, unless otherwise noted by technician on invoice.


2. COVERED PESTS

Covered pests for the are centipedes, millipedes, pillbugs, sowbugs, fleas(see section 4), spiders, crickets, ants, carpenter ants, bees, wasps, hornets, vertebrate wildlife (only those marked as included on the front of this agreement), boxelder bugs, Asian lady bugs, mice, rats, bed bugs, stored product pests, silverfish, and earwigs. De-webbing, stinging insects, and removal of stinging insect nests is limited to up to 25 feet high on the structure. Other pests may require an additional charge.


3. NON-COVERED PESTS

Unless selected on page one of this agreement, pests such as termites, ticks, mosquitoes, vertebrate pests, moles, and voles are not included in this agreement (see section 4). Lawn & Ornamental pests, molds & fungi, and any other pest not listed as a covered pest by this agreement are not included in this Agreement.


4. CONDITIONALLY COVERED PESTS

Mosquitoes are covered only if marked as included on the front of this agreement. If selected, mosquito control involves Abra Kadabra spraying, trapping, and/or treating breeding areas at Abra Kadabra’s discretion to reduce the population of mosquitoes. Customer agrees to eliminate standing water on their property to reduce the mosquito population. Treatments typically reduce the population 50% to 100% but no guarantee is given that the property will be mosquito free. This is a mosquito reduction service. Abra Kadabra is not responsible for any mosquito transmitted diseases that may occur before, during, or after our treatments.

Termites are covered only if marked as included on the front of this agreement. If selected, this warranty is limited to only subterranean termites and no other wood destroying pests. This warranty does not cover drywood termites, beetles, or fungi (wood rot). This is a retreatment only warranty. Termite damage before during or after treatment is not covered by warranty. Any required retreatments will be done as deemed necessary by Abra Kadabra.

Fleas and ticks are covered conditionally. Customer agrees to have pets and yard treated within 24 hours of our treatment to ensure long-term control. Our treatments alone will not stop flea/tick infestations but will reduce the population until pet medications and/or yard treatments can eliminate the issue. If the issue is related to a wildlife infestation that must also be eliminated for free reservices to continue. Customer acknowledges and accepts these conditions. Ticks are covered only if marked as included on the front of this agreement. Abra Kadabra is not responsible for any flea or tick borne diseases due to an infestation.

Birds. Bird services include deterrents, optical gels, and exclusion work only to areas previously treated by Abra Kadabra. Customer acknowledges that damage (such as woodpecker damage) and exclusion work to areas not previously excluded by Abra Kadabra are not included in this agreement and may require an additional charge. Bird control procedures may vary by the time of year and species of birds present. Abra Kadabra will not remove nests until the juveniles leave the nest in a couple weeks. Abra Kadabra will follow all regulations including blackout periods when bird control cannot be done for certain species. This may delay certain services.


5. BED BUGS

Customer is responsible to prepare the treatment area as directed by Abra Kadabra. Customer acknowledges bed bugs are easily reintroduced and may return after treatment.


6. GERMAN ROACHES

German Roach Clean-outs involves Abra Kadabra baiting, spraying, and/or vacuuming to reduce the population of German roaches inside. Customer is responsible to keep a neat, clean, and sanitary area to eliminate other competing food sources. Customer acknowledges German Roaches are easily reintroduced and may return after treatment. Customer is responsible to inspect all incoming deliveries to help reduce this risk.


7. RODENT MANAGEMENT SERVICE

This may involve placing rodent bait stations around the exterior of your home. Abra Kadabra retains ownership of all bait stations and trapping devices, and these will be removed upon cancelation of services. Customer is responsible to keep people and pets away from traps and baits at all times. Abra Kadabra is not responsible for people or pets injured by traps or baits. Abra Kadabra is not responsible for any vertebrate pest damage or transmitted diseases that may occur before, during, or after our treatments. In certain situations, Abra Kadabra may use remote video/audio camera systems to monitor traps and/or rodent activity. (continued in next column above)

Customer acknowledges and agrees to recording and remote monitoring. No warranty is given that rodents will never return to the structure. Abra Kadabra will remove dead rodents when possible, but customer acknowledges and accepts there is a small chance rodents may die in inaccessible areas and create a temporary odor.


8. RODENT & WILDLIFE EXCLUSION

Exclusion services involve Abra Kadabra sealing exterior entry points to prevent rodent and wildlife entry into the structure. Materials used will be determined by Abra Kadabra with the sole objective of stopping rodent and/or wildlife entry. Abra Kadabra will not be replacing roofing, soffits, facia, or other building materials. It is the Customer’s responsibility to have a licensed contractor or roofer, at customer’s expense, inspect and fix any damage to structure that occurred before, during, or after exclusion. Customer acknowledges and accepts these exclusion materials may be visible and if they so desire customer may hire a contractor, at customers expense, to replace entire soffits, facia, and other building materials for a more aesthetic appearance.

Unless otherwise specified on the front of this agreement, the warranty for exclusion work only covers rodents and wildlife specified as included on the front of this agreement and that are in areas of the structure previously sealed by Abra Kadabra. Any new entry points that need sealed will require an additional charge. Warranty for proper installation of products is void by acts of nature (flood, fire, rot, tree damage, etc.) negligence of property maintenance, general wear over time (warping and rotting wood, debris, pile-up, etc.) or tampered work by customer or 3rd party (removal or replacement of products installed by Abra Kadabra). If any of the voided warranty scenarios are found to be true at time of either warranty reinstatement, or warranty inspection, a service fee of inspection cost will be required only if no other repairs are contracted by Abra Kadabra. Abra Kadabra only warranties work performed by Abra Kadabra. No warranties are given on areas not serviced nor on other companies’ work. Abra Kadabra is not responsible for any vertebrate pest damage or transmitted diseases that may occur before, during, or after our treatments.


9. RODENT & WILDLIFE TRAPPING

Unless otherwise specified on the front of this agreement, the warranty for trapping work only covers rodents and wildlife specified as included on the front of this agreement. Trapping involves Abra Kadabra setting traps in the structure or surrounding area to reduce the population of vertebrate pests. Customer is responsible to keep people and pets away from traps at all times. Wildlife trapping is not a substitute for exclusion and no warranty is given that wildlife will not return to the structure. Abra Kadabra is not responsible for any vertebrate transmitted diseases that may occur before, during, or after our treatments. In certain situations, Abra Kadabra may use remote video/audio camera systems to monitor traps and/or vertebrate pests. Failure by the customer to make necessary damage repairs, exclusion work, or follow other Abra Kadabra recommendations will result in no warranty/guarantee for vertebrate pests.


10. SPECIFIC EXCLUSIONS FOR RETREATMENT ONLY SERVICE

Abra Kadabra’s only obligation is to retreat the Structure(s) if covered pests are found. Accordingly, Customer agrees that this Agreement does not cover, and Abra Kadabra shall not be responsible or liable for, any of the following:

  • Cannot prevent all pests. Warranty limited to retreatment.
  • Personal expenses or economic damages such as lodging, meals, transportation, medical, gas, utilities, etc…, or reimbursement for loss of quiet enjoyment, loss of use or diminution in value of the Structure(s); or any indirect, special, or consequential damages, including loss of anticipated or actual profits, income or business opportunities, which arose as a result of an infestation of or damage caused by any service provided under this Agreement.
  • With the exception of prevailing party fees awarded as a result of any collection action addressed in Paragraph 22 below, attorney’s fees of any kind, including those provided by any statute (including a Proposals for Settlement and Load Star Multiplier) and state or federal rule of procedure.
  • Injury or death to any domestic pets or feral animals.
  • Damage to the structure or property by termites, rodents, wildlife, or other pests that occurs before, during, or after our treatments.
  • Damage caused by Abra Kadabra to trees, shrubs, flowers, sprinkler systems or portions of Structure(s) that interfere with the services provided under this Agreement. No provision within this Agreement should be construed to mean that pests will never infest, reinfest, or damage the Structure(s). These specific exclusions are in addition to any and all other exclusions, disclaimers, limitations, or conditions contained within this Agreement.

11. LIMITATION ON LIABILITY

In the event that any of the exclusions in Paragraph 10 do not apply for any reason, to include Abra Kadabra’s negligence or breach of this Agreement, Abra Kadabra’s liability for any claim whatsoever is limited to the actual amount paid by Customer for the services Abra Kadabra has performed within the twelve (12) months immediately preceding the first claim related to the services. This Agreement is not intended to benefit any person or entity other than the named Customer or subsequent Transferee.

Page 2 of 3


12. DUTY TO AVOID CONDUCIVE CONDITIONS

Customer agrees to cooperate with Abra Kadabra during the term of this Agreement by avoiding and eliminating those conditions or factors that might contribute to pest infestations or disrupt the effectiveness of the treatments. These conditions include, but are not to be limited to,construction defects, trash and sanitation issues, build up of pest harborage sites, and moisture leaks in the structure. The Customer also agrees to inspect incoming items for pre-existing pest infestations. In no event is Abra Kadabra responsible for any additional service or damage to the Structure(s) or its contents resulting from conditions conducive to a pest infestation. Customer agrees to eliminate any conducive conditions identified within sixty (60) days of Abra Kadabra’s written notification of such conditions. Customer’s failure to eliminate the conducive condition within sixty (60) days of Abra Kadabra’s written notification will render this Agreement voidable, in whole or part, by Abra Kadabra.


13. CHANGE IN LAW

Should any federal, state, or local law or regulation change affecting this Agreement or the services or treatment provided thereunder, Abra Kadabra is authorized to take any action necessary to bring itself into compliance with said laws. If Abra Kadabra cannot modify the terms of this Agreement or its services or treatment in order to comply with such change in the law, then Abra Kadabra reserves the right to immediately terminate this Agreement.


14. CHEMICAL SENSITIVITY

If Customer or an occupant of the Structure(s) knows, or believes, that he or she may be sensitive to pesticides, written notice must immediately be provided to Abra Kadabra prior to any treatment or retreatment performed on the Structure(s). Abra Kadabra reserves the right, upon receipt of such notification, to deny or terminate service. Failure to provide this notification represents Customer and occupants’ assumption of the risk and waiver of any claims against Abra Kadabra in connection with such sensitivity. Customer further agrees to indemnify, protect and hold harmless Abra Kadabra from any and all chemical sensitivity claims, causes, actions, judgments, costs, attorney’s fees, expenses and losses of every kind and character, whether direct or indirect, brought by Customer or other occupants of the Structure(s), if Customer fails to provide the above written notice.


15. BINDING ARBITRATION

Subject to Abra’s right to file suit for non-payment pursuant to Paragraph 22, the customer and Abra Kadabra agree that any controversy or claim between them arising out of or relating to the interpretation, performance or breach of this Agreement or to the treatment of or rendering of services to the identified property in any way, whether by virtue of contract, tort or otherwise, shall be settled exclusively by arbitration. The arbitrator shall be a licensed legal representative, independent, mutually agreed upon, and to the greatest extent possible, be knowledgeable in pest control and building construction matters by education, experience, licensing and training to deal with the issues and claims presented. The arbitrator shall give effect to any and all waivers, releases, disclaimer, limitations and other terms and conditions of this Agreement. 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 this provision shall pay the other party’s costs, including but not limited to, attorney’s fees, with respect to such suit and the arbitration award shall so provide. The Parties agree that the sole and exclusive venue of any suit shall be Hennepin County, Minnesota. All costs, expenses, and fees of arbitration and settling a controversy shall be borne equally by the parties. This arbitration provision shall survive cancellation, expiration, or termination of this Agreement.

(continued in next column above)


16. GOVERNING LAWS

This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Minnesota.


17. TRANSFERABILITY

This Agreement is transferable to a new owner of the Structure(s) at Abra Kadabra’s discretion.


18. TERMINATION

This agreement is for a minimum of 12 months and will be extended on a monthly basis unless canceled in writing by either party. Customer agrees to pay all balances due up to that point in time. Abra Kadabra’s responsibilities, duties, obligations, and any liabilities under this Agreement shall be terminated if Abra Kadabra is prevented or delayed from fulfilling any of its duties, obligations, or responsibilities under the terms of this Agreement by reasons or circumstances beyond its control or by the Customer’s interference or refusal to provide Abra Kadabra with access to Structure(s). Customer agrees to provide updated credit or debit card to Abra Kadabra for timely processing of payments. Customer also agrees to provide unimpeded access to the treated Structure(s) on the property for any inspections or treatment as deemed necessary by Abra Kadabra. If payment for services is not received by the due dates on this agreement, Abra Kadabra’s responsibilities, duties, obligations, and any liabilities under this Agreement shall also be immediately terminated.


19. SEVERABILITY

Customer agrees that 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.


20. BAIT STATION OWNERSHIP AND REPLACEMENT

Any bait stations installed by Abra Kadabra at the Customer’s location on this Agreement remain the property of Abra Kadabra and will be removed at the termination of this agreement. Abra Kadabra will maintain these stations as needed as long as this Agreement is active. This includes normal wear & tear and replacing bait as it is consumed. Any lost, damaged, or hidden stations will be replaced by Abra Kadabra during each scheduled service. The Customer will be billed an additional $25 per rodent station and $40 per termite station replaced.


21. PRICE INCREASES

Abra Kadabra agrees to hold the pricing on the front of this agreement without any increases for the first year of service after the date of this agreement. After one year, Abra Kadabra can increase the pricing at their discretion by giving at least 30 days notice to the customer prior to the increase.


22. NON-PAYMENT/RIGHT TO LIEN

Notwithstanding any provision within this Agreement to the contrary, Abra Kadabra may initiate a legal action to recover all unpaid balances. In the event a collection service is utilized or legal action becomes necessary to recover unpaid balances, Customer will be responsible to pay all expenses associated with said collection, including attorney’s fees and costs. In the event that Customer fails to pay any sum due and owed under the terms of this Agreement, Abra Kadabra has the right to terminate this Agreement. If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at eight percent (8%) per year, or the maximum percentage allowed under applicable Minnesota laws, whichever is less.


23. PRIVACY POLICY

Abra Kadabra maintains the highest standards with respect to privacy, security and integrity of personal information. We will use your personal information only for the purpose of providing you with professional service.


For Wildlife Services performed including, but not limited to, trapping, exclusion, and avian deterrent installation the following terms and conditions apply: TERMS, CONDITIONS, INFORMATION AND WARRANTY: Signature required & is an agreement between ABRA KADABRA ENVIRONMENTAL SERVICES LLC and client. ABRA KADABRA ENVIRONMENTAL SERVICES LLC’s structural animal and removal policy, unless otherwise contracted, is to trap, and/or remove all target wildlife discovered to be living inside of the structure, and seal all known entry points that have been documented through inspection of the premises by ABRA KADABRA ENVIRONMENTAL SERVICES LLC. Local city, state and municipal taxes will be applied to the above quoted total unless a tax exempt number is provided. After completion we will either proceed with the necessary exclusion and repair work, close the job, or renew the contract. This estimate is valid up to 30 days from the date of delivery. After this period has lapsed, a new inspection will be necessary and client will be required to pay a new inspection fee. Clients shall not touch traps or trapped animals at any time unless otherwise stated in writing. It is the clients responsibility to keep all domestic animals and children away from trapping areas/work areas and equipment at all times during trapping/exclusion work. If ABRA KADABRA ENVIRONMENTAL SERVICES LLC property is damaged and/or missing from contract site from time of application onto clients property, it is the responsibility of the customer to pay for said traps/equipment/materials in accordance with Wildlife Control Supplies’ price list. All traps are property of ABRA KADABRA ENVIRONMENTAL SERVICES LLC. If traps are tampered with, ABRA KADABRA ENVIRONMENTAL SERVICES LLC reserves the right to terminate the job at our discretion and keep all monies paid up to that point. If cutting or demolition is required for animal or exclusion, ABRA KADABRA ENVIRONMENTAL SERVICES LLC is not responsible for any necessary floor, ceiling, plumbing, electrical, or repairs to roof required. ABRA KADABRA ENVIRONMENTAL SERVICES LLC offers no warranty or guarantee for trapping programs unless otherwise stated in writing. Visual deterrents: We recommend multiple placement of deterrents for maximum coverage. Although we cannot place a warranty or guarantee on the exterior structure against woodpeckers, we will attempt to get you the best results available. Customer agrees to make trapping areas available during normal business hours, 8:00 am – 4:00 pm Monday-Friday and 9:00 am-3:00 pm Saturday and Sunday, unless otherwise noted by technician on invoice. If client declines necessary damage repair, exclusion work, removal, and/or programs, ABRA KADABRA ENVIRONMENTAL SERVICES LLC provides client with no warranty/guarantee for trapping programs. If no abatement is performed, minimum exclusion fee is $450. Client accepts conditions of warranty which is labor and proper installation of products. ABRA KADABRA ENVIRONMENTAL SERVICES LLC warranties that all work will be performed by trained wildlife control technicians, and sealing of entry points and exclusion/barrier products will be properly installed. Photos are taken of most exclusion work areas (where easily accessible) and can be provided to the client upon request. Products (caulking, metal, screws, wood, etc.) installed on property are not warrantied by ABRA KADABRA ENVIRONMENTAL SERVICES LLC. Although ABRA KADABRA ENVIRONMENTAL SERVICES LLC utilizes what most consider to be the best products on the market, product manufacturers’ warranties do not apply to ABRA KADABRA ENVIRONMENTAL SERVICES . Warranty for proper installation of products is void by acts of nature (flood, fire, rot, tree damage, etc.) negligence of property maintenance, general wear over time (warping and rotting wood, debris, pile-up, etc.) and tampered work by customer or 3rd party (removal or replacement of products installed by ABRA KADABRA ENVIRONMENTAL SERVICES ). If any of the voided warranty scenarios are found to be true at time of either warranty reinstatement, or warranty inspection, a service fee of inspection cost will be required only if no other repairs are contracted by ABRA KADABRA ENVIRONMENTAL SERVICES LLC. ABRA KADABRA ENVIRONMENTAL SERVICES only warranties work performed. No warranties on areas not serviced nor on other companies’ work. Commercial customers: payment is due in full 30 days from date of completion unless otherwise stated on contract. If balance remains unpaid 30 days after completion of services, there will be a 20% per month charge. Residential customers: payment is due in full upon performed exclusion work and setting of traps/valves unless otherwise stated on contact. All customers: Customer agrees to pay any collection fees if the account remains unpaid. Collection fees include, but are not limited to, any and all attorney fees, court costs, and other costs associated with the collection of any past due debt. Returned check fee is $40. ABRA KADABRA ENVIRONMENTAL SERVICES LLC reserves the right to assess additional fees anytime clients request or require work to be interrupt for any reason. The fee will be based on additional labor and/or travel expenses. Cancellations: Due to cost of and time acquiring materials, all deposits made will have a non-refundable restocking fee of 40% of deposit plus $95 fee for time. ABRA KADABRA ENVIRONMENTAL SERVICES LLC is not responsible for damages done to property or people by wildlife in any way or at any time. For any remaining or outstanding balances, ABRA KADABRA ENVIRONMENTAL SERVICES LLC reserves the right to access legal fees in accordance with a MN state contractors lien and bill the client accordingly. Use of Photo and Video: Abra Kadabra reserves the right to utilize photo and video of treatments, trapping programs, damages and repairs on it’s website and social media accounts unless a client provides written direction not to. We respect the privacy of our clients, and ensure any use is non-identifying of identity or location. This contract is subject to change based on any undisclosed insurance agreements.Photography, Video & Marketing Content


24. SMS COMMUNICATIONS

By providing your mobile phone number to Abra Kadabra Environmental Services, Inc., LLC (“Abra Kadabra”), you consent to receive text messages (SMS/MMS) from Abra Kadabra related to your service agreement, including appointment reminders, service confirmations, follow-up notifications, and promotional updates.

Message Frequency: Message frequency varies based on your service schedule and account activity. You may receive up to 5 messages per inquiry or service request.

Message & Data Rates: Message and data rates may apply. These charges are billed by your mobile carrier and are not controlled by Abra Kadabra.

Carrier Compatibility: SMS messages are supported by most major US carriers including AT&T, T-Mobile, Verizon, and others.

Opt-Out: You may opt out at any time by replying STOP to any message from us. You will receive one final confirmation message, after which no further SMS messages will be sent unless you re-enroll.

Help: Reply HELP to any message for assistance, or contact us at info@abrakadabraenvironmental.com.

Privacy: Your mobile phone number and any information collected via SMS will not be sold or shared with third parties for their marketing purposes. For full details, see Section 23 (Privacy Policy) of this Agreement.


PHOTOGRAPHY, VIDEO AND MARKETING CONSENT

In the course of providing services, Abra Kadabra Environmental Services (“we,” “us”) may take photographs, video, or audio of the work performed and the treated areas of your property — for example, before-and-after images, equipment in use, audio/video from trail cameras used for wildlife monitoring, and general site footage — and may use this content for marketing, advertising, training, social media, customer education, and similar business purposes.

We will not photograph or publish the interior of private living spaces beyond what is reasonably necessary to document the work, and we will not publish your name, full address, or other personally identifying information without your separate written permission. Identifiable images of you or other individuals will not be used in marketing without consent.

Opting out. You may opt out at any time — before, during, or after a job — by notifying us in writing at info@abrakadabraenvironmental.com, and we will note it on your account. If you opt out, we will not create new marketing content from your job and will make reasonable efforts to stop future use of existing content; content already published or distributed may not always be removable. Opting out does not affect the services you receive.

If we wish to feature you specifically — a named review, testimonial, or customer story — we will ask for your express permission first.

This section is governed by the laws of the State of Minnesota. We do not use customer images for facial recognition or other biometric identification.