Go-Forth Termite Contract Damage – 4-11-17

SERVICE and CONTINUATION OPTIONS:

DAMAGE REPAIR (Five Year): During the initial Agreement period and in consideration of the continuous payment of a damage renewal charge, to be paid on or
before the renewal date for up to five (5) consecutive years, Go-Forth will inspect the premises periodically and if infestation is found, then proper treatment will be
applied at no extra charge and Go-Forth will repair or cause to be repaired, at its expense, any new damage which is not inconsequential and about which it is promptly
notified by the owner and which is caused directly by eastern subterranean termites. New damage is that damage to areas over and above existing damage present at the
time of the initial treatment and in which areas live termites are found. The owner shall be responsible for the first portion of the damage costs equal to the DEDUCTIBLE

amount (noted on page 3 of this agreement). At the conclusion of the initial Five year Service agreement the Service agreement will automatically convert to a Re-
Treatment only service agreement under which Go-Forth will inspect the premises periodically and if infestation is found, then proper treatment will be applied at no extra

charge. (The damage repair renewal charge may be adjusted by Go-Forth from time to time and the owner will be notified about the amount of charge in advance of the
renewal date.) This Agreement shall not apply to or cover the following items of damage:
1. Any damage to the structure or contents of the described property by subterranean termites entering or thriving in areas conducive to infestation by reason of the
presence of excessive moisture from whatever source, including but not limited to water leakage from structural or mechanical problems. Weather conditions including
acts of God, alteration of the terrain around the described property, the intentional or unintentional introduction of moisture under or around the described property.
Upon the discovery of any such excessive moisture, OWNER agrees to be responsible for the cost of elimination of the source of said water and for the repair of any
subterranean termite infestation damage resulting there from, being agreed between the OWNER and GO-FORTH that it shall be conclusively presumed that the
excessive moisture condition occurred prior to and was the cause of any such subterranean termite infestation. Upon elimination of the excessive moisture problem and
the completion of repairs by OWNER, GO-FORTH agrees to retreat the area in question against the attack of subterranean termites at additional charge to the OWNER.
2. Any damage to the described property or it’s contents caused by subterranean termites entering on or through wood in contact with the earth and the described
property; whether the wood is a part of the described property or not. (Including wood fences or decks)
3. Any damage to the described property caused by any wood-destroying insect other than Eastern subterranean termites (including Powder Post Beetles, Ants, Dry
Wood Termites, Formosan Termites, or Wood Borers.)
4. Any Damage to any structure which contains rigid foam board insulation or any cellulose insulation or any other insulation along interior or exterior of foundation
walls regardless as to when the insulation was installed. This Agreement is void if this insulation is present at time of treatment whether the OWNER or GO-FORTH
was aware of it’s presence.
5. Any infestations and/or damage in areas of the property that are inaccessible for inspection or is a direct result from termites gaining access through areas
inaccessible to inspection at the time of the initial inspection or at any subsequent inspections (including, but not limited to, locked areas, areas obstructed by standing
water or other impediments to inspection, or low areas with inadequate clearance), regardless of whether or not such areas are documented on this service agreement or
any other documents. It is not GO-FORTH’s responsibility to make access to such areas; it is the homeowner’s responsibility to make ready access to all areas of the
structure at GO-FORTH’s request at any point while the property is under warranty.
GENERAL CONDITIONS:

1. The owner agrees to fully co-operate with Go-Forth and to maintain the premises treated free from any factor limiting inspection or conducive to infestation,
including but not limited to wood, trash or other debris, moisture or wood and soil contact, rigid foam insulation or other insulation, or the moving of treated soil. No
damage caused to any portion of the premises will be the responsibility of Go-Forth when any of these conditions exist.
2. Owner agrees any additions or alterations to the premises will void any Agreement option unless owner notifies Go-Forth and any necessary additional work is
performed by Go-Forth at an additional cost to the owner. Any other changes in the condition of the described property, which increases the risk of infestation by
subterranean termites, may necessitate the installation of inspection panels or access openings to treating areas. These openings are not included in this agreement and the
OWNER upon request of Go-Forth shall provide them. OWNER also agrees to bear the expense of having all cellulose debris removed from the crawl spaces of the
described property.
3. The OWNER must allow GO-FORTH access to the property for re-inspection, re-treatment, or to make repairs, whether the work to be performed was a request of
the OWNER or considered necessary by GO-FORTH. Failure to provide access immediately voids any and all Agreements.
4. Any claim under this agreement must be made to Go-Forth during the contract term or any extension thereof. Go-Forth is only obligated to make repairs under this
agreement if a valid claim is made during the contract term, including any extension thereof.
5. Damage may presently exist in hidden areas of the premises. Go-Forth does not warrant that any damage discovered by visual inspection (and which is indicated on
the diagram) is all such damage, which presently exists. Go-Forth is not responsible for presently existing damage in areas which cannot reasonable be visibly inspected at
the time of this agreement.
6. Representatives of Go-Forth are not authorized to make or provide any agreements other than those agreements set forth in this contract. Oral statements made by a
representative do not constitute warranties. This agreement (and any attached documents) is the entire agreement between Go-Forth and the Owner and any changes shall
be effective only after such changes have been reduced to writing and signed by both an authorized Go-Forth representitive and the owner.
7. This contract is not assignable by owner without the written consent of Go-Forth.
8. Go-Forth’s liability under this agreement will be terminated if Go-Forth is prevented from fulfilling its responsibilities under the terms of this agreement by reason of
delays in transportation, shortages of fuel and/or materials, strikes, embargoes, fires, floods, quarantine restrictions, earthquakes, hurricanes, or any other act of God or
circumstances or cause beyond the control of Go-Forth.
9. This agreement does not provide coverage for drywood termites (Kalotermessp., Incisitermessp., Cryptotermes sp.)Formosan termites (Coptotermes sp.), or any other
wood destroying organisms except Eastern Subterranean Termites (Reticulitermes sp., Heterotermes sp.) as stated herein.
10. Notwithstanding any applicable Agreement option, Owner agrees that the sole and exclusive remedy against Go-Forth for breach of this contract or as a result of any
actions of Go-Forth shall be repair of new damage only and in no event shall Go-Forth be responsible for incidental or consequential damages, including without limitation,
loss of time, lost sales, liability of Owner with respect to any other persons or any other type or form of consequential damage or economic loss.
11. Go-Forth performs its services in accordance with the requirements of federal, state and local law. In the event of a change in existing law as it pertains to the
services promised herein, Go-Forth reserves the right to revise the annual extension charge or terminate this agreement.
12. If payment of any amounts due Go-Forth is not paid within 30 days from the date of any invoice, then a service charge of 2% of the amount due will be charged per
month as a service charge and any and all services may be terminated or suspended at Go-Forth’s discretion. Reinstatement of terminated or suspended services may result
in substantial reinstatement costs to the owner. Owner agrees to pay any and all costs of collection of any amounts due Go-Forth, including attorney fees equal to 15% of
the outstanding balance of any such amounts due.
13. If a dispute arises out of or relates to this contract or the breach thereof and if the dispute cannot be settled through negotiation, the parties agree first to try in good
faith to settle the dispute by mediation administered by an impartial mediator agreed upon by both parties before resorting to arbitration, litigation, or some other dispute
resolution procedure.
It is agreed between the OWNER and GO-FORTH that any controversy or dispute between them relating to:(1) any treatment or service rendered by or allegedly required
to be rendered by GO-FORTH, or(2) the enforcement of or any claim pertaining to the contents of this report’s provisions shall be settled and resolved exclusively by
arbitration. It is further agreed by both parties that said arbitration shall be controlled by and conducted under the provisions of the North Carolina Uniform Arbitration
Act, North Carolina General Statutes 1-567.1 through 1-5667.20, as said statutes may be amended or replaced from time to time, and said North Carolina statutes are
hereby incorporated into this report’s provisions by reference as it fully set forth herein. It is further agreed that there shall be a total of three (3) arbitrators, one to be
chosen by the OWNER, one by GO-FORTH, and a third by the first two arbitrators. It is also agreed that the arbitrators shall render their written award of decision within
thirty days after conclusion of the hearing.
14. GO-FORTH reserves the right to terminate this agreement at any time without prior notification and for any reason; in such event, GO-FORTH may credit or refund
payments for the current month of the cancellation as well as any payments that have been collected for future months; however, payments for any months prior to the
current month of cancellation will not be subject to credit or refund; therefore if any payments for prior months are past due, those balances will remain due.

CHEMICAL PRODUCT(S) TO BE USED FOR THE INITIAL TREATMENT. A copy of the label for the material to be used for this
treatment is available upon request, along with appropriate Material Safety Data Sheets (If retreatments should be necessary at any time after
the initial treatment, Go-Forth reserves the right to select and use a different product.)
RISKS INVOLVED IN TREATING STRUCTURES: It is the objective of Go-Forth to provide this/these service(s) in a manner that
minimizes any inconvenience or hazard to the client, prevent any damage to the structure and result in an effective treatment. The design
and construction of structures and some unknown factors directly affect the degree of difficulty in providing this/these treatment(s) and
obtaining these objectives. The client should be aware there are risks involved. Some of which are:
ODOR: Liquid Chemical applications may result in some odor being present. There are many factors that determine the degree and the length
of the odor. Some of those factors are: The chemical used, the climate, the type of construction, ventilation, and the sensitivity of the
occupants of the structure.
MASONRY STRUCTURES/SLABS: Although Go-Forth will take great care in drilling and patching holes necessary for the chemical
application, the condition and type of the masonry may result in some visible evidence of the treatment. Some other risks are: Drilling
into water, electrical or heating/Air conditioning lines, drainage systems or disrupting waterproofing barriers.
WATER SOURCE AND DRAINAGE: Any wells must be located and shown on the site graph to prevent possibility of contamination. Any
drainage system in the soil within 12 inches of the foundation may create a situation where the foundation wall cannot be treated
Go-Forth will take great care in providing this service to identify and avoid these and other risks, but will assume no liability at
any time for any damages and/or consequences there-from, for the following as a result of treating this structure as proposed
herein.
Chemical getting into a water well
Damage to electrical, plumbing, heating/air conditioning elements in or below masonry or slabs.
Damage to waterproofing and/or drainage systems
For any odor problems relating to the treatment of the structure.
All these conditions found by Go-Forth are noted on the site graph. If any of these conditions exist and are not so indicated, the owner
shall notify Go-Forth before accepting this proposal. This Proposal holds precedent over any previous proposal, written or verbal.