TERMS & CONDITIONS

These terms apply to Prickly Pear pest control service plans, including plans purchased online, by phone, or in person.

PEST CONTROL SERVICE PLAN TERMS AND CONDITIONS OF SERVICE

Effective November 1, 2026

Prickly Pear Home Services LLC d/b/a Prickly Pear Wildlife Removal and Home Services |

TPCL# 0939103 | PO Box 68, Pflugerville, TX 78691 |

(512) 764-5804 | info@pricklypearwildlife.com

Licensed and regulated by: Texas Department of Agriculture, Structural Pest Control Service, P.O. Box 12847, Austin, TX 78711-2847, Phone (866) 918-4481, Fax (888) 232-2567.

These Terms and Conditions of Service (this “Agreement”) govern the relationship between Prickly Pear Home Services LLC, a Texas limited liability company doing business as Prickly Pear Wildlife Removal and Home Services (“Provider”), and the customer who accepts this Agreement (“Customer”). Customer accepts this Agreement by signing it, by approving an estimate, proposal, or Statement of Work that references it, or by purchasing Services online.

WHEREAS Customer desires to retain Provider to provide recurring pest control services and related services, and Provider is willing to perform such services under the terms and conditions set forth in this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Provider and Customer agree as follows:

1. Services

Provider shall provide to Customer the services set out in Customer’s selected service plan and any add-ons, and in one or more estimates, proposals, communications, work orders, or invoices issued by Provider and accepted by Customer (each, a “Statement of Work” and such services, the “Services”).

2. Provider Obligations

Provider shall perform the Services in a workmanlike and professional manner in accordance with and subject to the terms of this Agreement. Provider may subcontract any or all of the Services in its sole discretion. For indoor pest control treatments, Provider will make available the Texas Department of Agriculture Consumer Information Sheet as required by state rules.

3. Customer Obligations

Customer shall provide Provider with any information, materials, and access necessary to perform the Services in accordance with this Agreement, including access to the yard and gates on scheduled service days, securing pets during service visits, and following the preparation instructions Provider gives in writing. Customer acknowledges receipt of, or electronic access to, the Texas Department of Agriculture Consumer Information Sheet prior to any indoor pest control treatment. Customer shall not move, open, tamper with, or remove any bait station or other device installed by Provider. If Provider cannot perform a scheduled service because it cannot access the property, Provider will attempt to reschedule, and plan fees are not reduced for the missed visit.

4. Fees, Billing, and Price Adjustments

4.1 Payment Terms. In consideration of the provision of the Services by Provider and the rights granted to Customer under this Agreement, Customer shall pay to Provider the fees set out in the applicable Statement of Work on the terms and in the manner set forth in the applicable Statement of Work. Unless otherwise provided in an applicable Statement of Work, Customer shall pay the initial service fee at enrollment and the recurring plan fee for Customer’s selected plan and any add-ons monthly in advance. Customer authorizes Provider to charge the payment method on file automatically for these fees until this Agreement is canceled. Prices do not include applicable sales tax, which will be added where required by law.

4.2 Right to Adjust Recurring Prices. Provider reserves the right to increase or adjust recurring pest control plan fees and add-on rates at any time during the Initial Term or any Renewal Term upon written notice (including via email or text message) to Customer prior to the billing cycle in which the new rate takes effect.

4.3 Past-Due Accounts. If a payment fails and is not resolved within fifteen (15) days, Provider may suspend service until the account is current. Amounts not paid within thirty (30) days after they are due accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and Customer shall pay Provider’s reasonable costs of collection, including reasonable attorney’s fees.

5. Limited Warranties and Limitation of Liability

5.1 Standard of Service. Provider warrants that it shall perform the Services (and all other services performed during the Term, including one-off services not included in Customer’s service plan, which are also subject to Provider’s Individual Service Terms and Conditions):

(a) In accordance with the terms and subject to the conditions set out in the applicable Statement of Work and this Agreement.

(b) Using personnel of reasonable skill, experience, and qualifications.

(c) In a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services.

5.2 Free Re-Treatment and Inspections. While this Agreement is active, if pests covered by Customer’s plan or add-ons become active in the treated areas between scheduled services, Provider will re-treat those areas at no additional charge at Customer’s request. This does not cover termites, bed bugs, or other pests not covered by Customer’s plan, areas that are not part of the service, or activity caused by conditions Provider has asked Customer in writing to correct. While this Agreement is active and not paused, Customer may also request an inspection of any pest or wildlife concern at the serviced property at no charge, including re-inspection of wildlife exclusion work Provider performed.

5.3 Extension of Exclusion Warranty. If Customer enrolls in this plan within fourteen (14) months after Provider completes paid wildlife exclusion work at the serviced property, the one-year labor warranty on that work is extended for as long as this Agreement remains continuously active and in good standing, subject to all scope limitations in Provider’s Individual Service Terms and Conditions (the exclusion warranty covers only Provider’s labor on the specific openings sealed by Provider, is not a guarantee that the home stays animal-free, and does not cover trapping or animal removal). If Customer enrolls after the initial one-year exclusion warranty has ended (between months 12 and 14), coverage resumes on the enrollment date and applies only to failures first reported after that date. A paused plan remains active for this purpose. The extension ends permanently when this Agreement is canceled or terminated, when any plan payment remains unpaid more than thirty (30) days after its due date, or when Customer no longer owns or occupies the property. (Customers whose original written exclusion estimate was issued before November 1, 2026 retain their lifetime labor warranty while they own the property, subject to its scope limitations.)

5.4 One-Time Pest Services & Non-Warranted Wildlife Services. Any standalone one-time pest control service outside the recurring plan carries a 30-day re-treat warranty for the target pests treated. Services for wildlife trapping, live animal pickup, dead animal pickup, and snake removal are performed on a “best effort” basis only and carry NO WARRANTY OR GUARANTEE OF ANY KIND.

5.5 Warranty Claims and Exclusive Remedy. Customer should notify Provider (email is sufficient) promptly after noticing a problem and give Provider reasonable access to inspect. Provider’s sole and exclusive liability and Customer’s sole and exclusive remedy for breach of the warranties in Sections 5.1 and 5.2 shall be as follows: during the Term, Provider shall use reasonable commercial efforts to promptly cure any such breach by re-performing or re-treating, provided that if Provider cannot cure such breach within a reasonable time after Customer’s written notice of such breach, Customer may, at its option, terminate the Agreement under Section 7 and Section 8.4.

5.6 DISCLAIMER OF OTHER WARRANTIES. THE EXPRESS WARRANTIES IN THIS SECTION 5 DESCRIBE THE MANNER, PERFORMANCE, AND QUALITY OF THE SERVICES AND SUPERSEDE ANY IMPLIED WARRANTY OF GOOD AND WORKMANLIKE PERFORMANCE TO THE FULLEST EXTENT PERMITTED BY LAW. EXCEPT AS PROVIDED IN THIS SECTION 5, PROVIDER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

6. Intellectual Property

All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill, derivative works, and all other rights associated therewith (collectively, “Intellectual Property Rights”) in and to all documents, inspection reports, photographs, work product, and other materials that are delivered to Customer under this Agreement or prepared by or on behalf of the Provider in the course of performing the Services, including any items identified as such in the Statement of Work, except for any Confidential Information of Customer or customer materials (collectively, the “Deliverables”), shall be owned by Provider. Provider hereby grants Customer a license to use all Intellectual Property Rights in the Deliverables free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, royalty-free, and perpetual basis to the extent necessary to enable Customer to make reasonable use of the Deliverables and the Services.

7. Satisfaction Guarantee

If Customer is not satisfied with the pest control Services under this plan, Customer must notify Provider in writing (email is sufficient) detailing the concern and provide Provider a reasonable opportunity to inspect and re-treat at no additional charge. If Provider is unable to resolve the covered pest issue to a reasonable standard within thirty (30) days after performing at least one re-treatment, Provider will, as Customer’s sole and exclusive remedy, waive the remaining months of the current Term and allow Customer to end this Agreement by providing the standard 30-day cancellation notice under Section 8.4 without any early termination fee.

8. Term, Auto-Renewal, Cancellation Notice, and Survival

8.1 12-Month Term and Automatic Renewal. This Agreement shall commence on the date Customer enrolls in the plan and shall continue for a period of twelve (12) months unless sooner terminated pursuant to Section 7, Section 8.2, or Section 8.3 (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for additional successive twelve (12) month terms unless either party gives written notice of nonrenewal at least thirty (30) days before the end of the then-current term (each a “Renewal Term” and together with the Initial Term, the “Term”). If this Agreement is renewed for one or more Renewal Terms, the terms and conditions of this Agreement during each Renewal Term shall be the same as the terms and conditions in effect immediately prior to such renewal, subject to any change in Provider’s fees made under Section 4 or updates under Section 8.6.

8.2 Termination for Default. Either party may terminate this Agreement, effective upon written notice to the other party (the “Defaulting Party”) if the Defaulting Party:

(a) Materially breaches this Agreement, and such breach is incapable of cure, or with respect to a material breach capable of cure, the Defaulting Party does not cure such breach within 30 days after receipt of written notice of such breach;

(b) Becomes insolvent or admits its inability to pay its debts generally as they become due;

(c) Becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law, which is not fully stayed within seven days or is not dismissed or vacated within 45 days after filing;

(d) Is dissolved or liquidated or takes any corporate action for such purpose;

(e) Makes a general assignment for the benefit of creditors; or

(f) Has a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.

8.3 Provider Termination. Notwithstanding anything to the contrary in Section 8.2(a), Provider may terminate this Agreement before the expiration of the Term on written notice (a) if Customer fails to pay any amount when due hereunder (i) and such failure continues for 15 days after Customer’s receipt of written notice of nonpayment; or (ii) more than two times in any 12-month period; or (b) with 30 days’ written notice.

8.4 Cancellation Policy & 30-Day Notice Window. Customer may cancel the automatic renewal of this Agreement by giving written notice (email is sufficient) at least thirty (30) days before the end of the then-current Term. Customer may end this Agreement before the end of the Term only under the Satisfaction Guarantee in Section 7 or under Section 8.2. Any cancellation requires thirty (30) days’ written notice and takes effect thirty (30) days after Provider receives Customer’s notice; services scheduled during that 30-day window will continue to be performed, and fees for that period, including the final monthly payment billed within it, remain owed and payable in full. For any standalone individual service job scheduled outside the recurring plan, a $100.00 fee may apply if canceled with less than 24 hours’ notice.

8.5 Survival. The rights and obligations of the parties set forth in this Section 8, and any right or obligation of the parties in this Agreement which, by its nature, would be expected to survive termination or expiration of this Agreement, will survive any termination or expiration of this Agreement.

8.6 Changes to These Terms. Provider may update these Terms and Conditions for any Renewal Term by giving Customer written notice (email is sufficient) at least forty-five (45) days before that Renewal Term begins. If Customer does not agree to the updated terms, Customer may cancel the renewal under Section 8.4.

8.7 Three-Day Right to Cancel. If this Agreement was solicited or signed at Customer’s residence, Customer may cancel it without penalty before midnight of the third business day after signing, as explained in the Notice of Cancellation provided with this Agreement. Provider will schedule work to begin after that period unless Customer asks for an earlier start.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL PROVIDER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, PROPERTY DAMAGE CAUSED BY WILDLIFE OR PESTS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING PROVIDER’S OWN SOLE OR CONCURRENT ORDINARY NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT PROVIDER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. PROVIDER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THIS SECTION LIMITS ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

10. Communications

Customer agrees that Provider may contact Customer by phone call, text message, and email at the contact information Customer provides, including through automated systems, about scheduling, service reminders, billing, warranty matters, and requests for feedback or reviews. Message and data rates may apply. Customer may opt out of text messages at any time by replying STOP; opting out of marketing messages does not stop messages needed to perform the Services.

11. Entire Agreement

This Agreement, including and together with any related Statements of Work, exhibits, schedules, attachments, and appendices, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter, except that any lifetime or “furever” labor warranty that applies to work under an estimate written before November 1, 2026 remains in effect for that work. The parties acknowledge and agree that if there is any conflict between the terms and conditions of this Agreement and the terms and conditions of any Statement of Work, the terms and conditions of this Agreement shall supersede and control.

12. Notices

All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a “Notice” and with the correlative meaning “Notify”) must be in writing and addressed to the other party at its address set forth below (or to such other address that the receiving party may designate from time to time in accordance with this Section). Unless otherwise agreed herein, all Notices must be delivered by personal delivery, nationally recognized overnight courier, or certified or registered mail (in each case, return receipt requested, postage prepaid); provided that routine notices, including warranty claims, scheduling and cancellation requests, and notice of cancellation of a pest control plan, may be sent by email to Provider at info@pricklypearwildlife.com or to Customer at the email address Provider has on file, and a notice sent by email or text message to the contact information on file is effective when sent. Except as otherwise provided in this Agreement, a Notice is effective only (a) on receipt by the receiving party; and (b) if the party giving the Notice has complied with the requirements of this Section 12.

Notice to Customer: Customer’s physical or email address on the Statement of Work.

Notice to Provider: Prickly Pear Home Services LLC, Attn: Admin, PO Box 68, Pflugerville, TX 78691 | Email: info@pricklypearwildlife.com | Phone: (512) 764-5804.

13. Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal or unenforceable, the parties shall negotiate in good faith to modify this Agreement to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

14. Amendments

Except as provided in Section 4.2 and Section 8.6, no amendment to or modification of this Agreement is effective unless it is in writing and signed by each party.

15. Waiver

No waiver by any party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

16. Assignment and Sale of Business

Customer may not assign, transfer, delegate, or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Provider. Any purported assignment or delegation in violation of this Section 16 shall be null and void. No assignment or delegation shall relieve Customer of any of its obligations under this Agreement. Provider may freely assign, transfer, or delegate this Agreement, including its warranty obligations, in whole or in part, without Customer’s consent, to an affiliate or to a successor in connection with a merger, acquisition, corporate reorganization, change of ownership or control, or a sale of all or substantially all of its business or assets. In the event of any such sale or transfer, this Agreement and all active Service Plans and Statements of Work shall remain in full force and effect without interruption regardless of the change in ownership.

17. Successors and Assigns

This Agreement is binding on and inures to the benefit of the parties to this Agreement and their respective permitted successors and assigns.

18. Relationship of the Parties

The relationship between the parties is that of independent contractors. The details of the method and manner for performance of the Services by Provider shall be under its own control, Customer being interested only in the results thereof. The Provider shall be solely responsible for supervising, controlling, and directing the details and manner of the completion of the Services. Nothing in this Agreement shall give Customer the right to instruct, supervise, control, or direct the details and manner of the completion of the Services. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

19. No Third-Party Beneficiaries

This Agreement benefits solely the parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

20. Choice of Law

This Agreement and all related documents and matters are governed by, and shall be construed in accordance with, the laws of the State of Texas, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Texas.

21. Choice of Forum

Each party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against the other party in any way arising from or relating to this Agreement in any forum other than the state and federal courts sitting in Austin (Travis County) or Williamson County, Texas, and any appellate court from any thereof. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in such courts. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

22. WAIVER OF JURY TRIAL

EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT, INCLUDING EXHIBITS, SCHEDULES, ATTACHMENTS, AND APPENDICES ATTACHED TO THIS AGREEMENT, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS, OR APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.

23. Counterparts and Electronic Acceptance

This Agreement may be executed in counterparts or accepted electronically, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy or electronic acceptance of this Agreement delivered by facsimile, email, SMS, client portal, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

24. Force Majeure

The Provider shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Provider, provided that, if the event in question continues for a continuous period in excess of 30 days, Customer shall be entitled to give notice in writing to Provider to terminate this Agreement.

STATUTORY NOTICE FOR IN-HOME SALES (TEX. BUS. & COM. CODE CH. 601)

IF THIS AGREEMENT WAS SOLICITED AND SIGNED AT YOUR RESIDENCE RATHER THAN AT PROVIDER’S PLACE OF BUSINESS, YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM BELOW FOR AN EXPLANATION OF THIS RIGHT.

NOTICE OF CANCELLATION

Date of transaction: ____________________

YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.

IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE MERCHANT OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.

IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE MERCHANT AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE MERCHANT REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE MERCHANT’S EXPENSE AND RISK.

IF YOU DO NOT AGREE TO RETURN THE GOODS TO THE MERCHANT OR IF THE MERCHANT DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION.

TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO PRICKLY PEAR HOME SERVICES LLC, AT PO BOX 68, PFLUGERVILLE, TX 78691 (OR EMAIL info@pricklypearwildlife.com) NOT LATER THAN MIDNIGHT OF ____________________.

I HEREBY CANCEL THIS TRANSACTION.

Date: ____________________

Buyer’s Signature: ______________________________

These terms apply to wildlife inspection, removal, and exclusion jobs, and to one-time pest control services.

INDIVIDUAL SERVICE TERMS AND CONDITIONS OF SERVICE

Effective November 1, 2026

Prickly Pear Home Services LLC d/b/a Prickly Pear Wildlife Removal and Home Services

| TPCL# 0939103 | PO Box 68, Pflugerville, TX 78691

| (512) 764-5804 | info@pricklypearwildlife.com

Licensed and regulated by: Texas Department of Agriculture, Structural Pest Control Service, P.O. Box 12847, Austin, TX 78711-2847, Phone (866) 918-4481, Fax (888) 232-2567.

These Terms and Conditions of Service (this “Agreement”) govern the relationship between Prickly Pear Home Services LLC, a Texas limited liability company doing business as Prickly Pear Wildlife Removal and Home Services (“Provider”), and the customer who accepts this Agreement (“Customer”). Customer accepts this Agreement by signing it, by approving an estimate, proposal, or Statement of Work that references it, or by purchasing Services online.

WHEREAS Customer desires to retain Provider to provide certain wildlife inspection, removal, and exclusion services, pest control services, and related repair or similar services, and Provider is willing to perform such services under the terms and conditions set forth in this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Provider and Customer agree as follows:

1. Services. Provider shall provide to Customer the services set out in one or more estimates, proposals, communications, work orders, or invoices issued by Provider and accepted by Customer (each, a “Statement of Work” and such services, the “Services”).

2. Provider Obligations. Provider shall perform the Services in a workmanlike and professional manner in accordance with and subject to the terms of this Agreement. Provider may subcontract any or all of the Services in its sole discretion. Provider will handle, transport, and dispose of wildlife in accordance with applicable Texas Parks and Wildlife Department and local requirements, and may delay or modify exclusion work when required by law or by seasonal wildlife conditions (for example, bat maternity season). For indoor pest control treatments, Provider will make available the Texas Department of Agriculture Consumer Information Sheet as required by state rules.

3. Customer Obligations. Customer shall provide Provider with any information, materials, and access necessary to perform the Services in accordance with this Agreement, including safe access to the attic, roofline, crawlspace, yard, and gates; securing pets during service visits; and following the preparation instructions and property recommendations Provider gives in writing (for example, trimming tree limbs away from the roof or correcting conditions that attract wildlife or pests). Customer acknowledges receipt of, or electronic access to, the Texas Department of Agriculture Consumer Information Sheet prior to any indoor pest control treatment. Customer shall not move, open, tamper with, or remove any trap, one-way door, bait station, or other device installed by Provider, and shall promptly notify Provider of any captured animal. Traps and other equipment Provider places on the property remain Provider’s property, and Customer is responsible for the replacement cost of any that are lost, stolen, or damaged while on the property, other than by Provider.

4. Fees and Expenses. In consideration of the provision of the Services by Provider and the rights granted to Customer under this Agreement, Customer shall pay to Provider the fees set out in the applicable Statement of Work on the terms and in the manner set forth in the applicable Statement of Work. Unless otherwise provided in an applicable Statement of Work, fees are due in full upon completion of the Services, and any deposit stated in the Statement of Work is due before work is scheduled. Prices do not include applicable sales tax, which will be added where required by law. Customer authorizes Provider to charge the payment method Customer provides for amounts due under this Agreement. Amounts not paid within thirty (30) days after they are due accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and Customer shall pay Provider’s reasonable costs of collection, including reasonable attorney’s fees.

5. Limited Warranties and Limitation of Liability.

5.1 Standard of Service. Provider warrants that it shall perform the Services:

(a) In accordance with the terms and subject to the conditions set out in the applicable Statement of Work and this Agreement.

(b) Using personnel of reasonable skill, experience, and qualifications.

(c) In a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services.

5.2 One-Year Exclusion Labor Warranty. For wildlife exclusion work, meaning the sealing, screening, and repair of entry points identified in the Statement of Work (“Exclusion Work”), Provider warrants its labor and workmanship for one (1) year from the date the Exclusion Work is completed (the “Exclusion Warranty Period”). The Exclusion Warranty Period is a one-time term. It does not restart or renew when a warranty repair is performed; new Exclusion Work purchased later receives its own one-year term.

5.3 Extension for Pest Control Plan Customers. If Customer enrolls in a Provider pest control service plan within fourteen (14) months after the Exclusion Work is completed, the Exclusion Warranty Period is extended for as long as that plan remains continuously active and in good standing. If Customer enrolls after the Exclusion Warranty Period has ended (between months 12 and 14), coverage resumes on the enrollment date and applies only to failures first reported after that date. A plan that Customer has paused with Provider’s approval remains active for this purpose. The extension ends permanently, and is not restored by later re-enrollment, on the earliest of (a) cancellation or termination of the plan, (b) any plan payment remaining unpaid more than thirty (30) days after its due date, or (c) Customer no longer owning or occupying the property where the Exclusion Work was performed.

5.4 What the Exclusion Warranty Covers. The Exclusion Warranty covers only Provider’s labor and workmanship on the specific openings and areas Provider sealed, screened, or repaired, as documented in the Statement of Work or Provider’s job records. If that work fails during the Exclusion Warranty Period, Provider will repair or re-perform the failed work at no charge for labor. The Exclusion Warranty is not a guarantee that the property is or will remain free of wildlife or pests, and it does not cover: (a) new entry points or areas of the structure not sealed by Provider, including openings created by animals or by deterioration elsewhere on the structure; (b) damage caused by storms, fire, flood, falling limbs, structural shifting, or other events beyond Provider’s control; (c) work that has been modified, repaired, removed, or disturbed by anyone other than Provider, including roofing, gutter, HVAC, solar, or other contractors; (d) trapping, removal, or handling of any animal; (e) cleanup, odor, sanitation, or damage caused by animals; or (f) materials and hardware, which are covered only by their manufacturers’ warranties under Section 5.10.

5.5 Prior Lifetime Warranties. If Customer’s original estimate for Exclusion Work was written before November 1, 2026 and included Provider’s lifetime or “furever” labor warranty, Customer keeps that warranty for the work covered by that estimate for as long as Customer owns the property, subject to the scope limitations in Section 5.4. All other work, including new work for those customers, is governed by this Agreement.

5.6 Services Without Warranty. Customer acknowledges and agrees that wildlife trapping, live animal pickup, dead animal pickup and removal, snake removal, and other wildlife handling, transportation, and removal services are provided on a “best effort” basis only. Due to the unpredictable nature of wildlife behavior and external environmental factors, Provider does not offer any warranty, guarantee of results, or guarantee of continued absence for these services, whether express or implied, and does not guarantee that a dead animal can be located or reached or that associated odor will be eliminated. Customer understands that successful wildlife management may require ongoing efforts, property maintenance, and adherence to Provider’s recommendations, which are not covered by any warranty herein.

5.7 Single Pest Control Service Warranty. For a one-time pest control service, if the target pests identified in the Statement of Work return to the treated areas within thirty (30) days after the service, Provider will re-treat those areas at no additional charge. This warranty does not cover termites, bed bugs, or other pests not identified in the Statement of Work, areas that were not treated, or activity caused by conditions Provider has asked Customer in writing to correct. Customers with an active pest control plan receive re-treatment under their plan terms instead.

5.8 Warranty Claims and Exclusive Remedy. To make a warranty claim, Customer must notify Provider in writing (email is sufficient) within thirty (30) days after discovering the problem, and in any event before the applicable warranty period ends (for Services not covered by Section 5.2, 5.3, 5.5, or 5.7, within thirty (30) days after the Services are performed), and must give Provider reasonable access to inspect. If Provider’s inspection finds that the problem is not covered by a warranty in this Section 5, Provider will quote any additional work and may charge its then-current inspection fee, except that no inspection fee applies while Customer has an active, unpaused Provider pest control plan in good standing. Provider’s sole and exclusive liability and Customer’s sole and exclusive remedy for breach of any warranty in this Section 5 is the repair, re-performance, or re-treatment described in this Section 5 or, if Provider cannot accomplish that within a reasonable time after Customer’s notice, a refund of the amount paid for the non-conforming portion of the Services.

5.9 DISCLAIMER OF OTHER WARRANTIES. THE EXPRESS WARRANTIES IN THIS SECTION 5 DESCRIBE THE MANNER, PERFORMANCE, AND QUALITY OF THE SERVICES AND SUPERSEDE ANY IMPLIED WARRANTY OF GOOD AND WORKMANLIKE PERFORMANCE TO THE FULLEST EXTENT PERMITTED BY LAW. EXCEPT AS PROVIDED IN THIS SECTION 5, PROVIDER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

5.10 Materials. All parts, hardware, and other products installed by Provider are covered only by any applicable manufacturer warranty, which Provider assigns to Customer, to the extent assignable, upon payment in full.

6. Intellectual Property. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill, derivative works, and all other rights associated therewith (collectively, “Intellectual Property Rights”) in and to all documents, inspection reports, photographs, work product, and other materials that are delivered to Customer under this Agreement or prepared by or on behalf of the Provider in the course of performing the Services, including any items identified as such in the Statement of Work, except for any Confidential Information of Customer or customer materials (collectively, the “Deliverables”), shall be owned by Provider. Provider hereby grants Customer a license to use all Intellectual Property Rights in the Deliverables free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, royalty-free, and perpetual basis to the extent necessary to enable Customer to make reasonable use of the Deliverables and the Services.

7. Hidden Conditions, Changes, and Photographs. If Provider discovers conditions that were not reasonably visible at inspection, such as rotted or damaged wood, structural defects, or additional entry points, Provider will notify Customer and provide a quote, and additional work requires Customer’s approval. Provider is not responsible for pre-existing damage or conditions. Provider may photograph and record the property and the work for documentation, quality control, and warranty purposes, and may use photographs of the work in its marketing if they do not show Customer’s name or street address.

8. Term, Termination, and Survival.

8.1 Term. This Agreement shall commence as of the effective date of the applicable Statement of Work and shall continue until the completion of the Services (the “Term”). Notwithstanding the foregoing, the Term will end if this Agreement is terminated pursuant to Section 8.2 or Section 8.3.

8.2 Termination for Default. Either party may terminate this Agreement, effective upon written notice to the other party (the “Defaulting Party”) if the Defaulting Party:

(a) Materially breaches this Agreement, and such breach is incapable of cure, or with respect to a material breach capable of cure, the Defaulting Party does not cure such breach within 30 days after receipt of written notice of such breach;

(b) Becomes insolvent or admits its inability to pay its debts generally as they become due;

(c) Becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law, which is not fully stayed within seven days or is not dismissed or vacated within 45 days after filing;

(d) Is dissolved or liquidated or takes any corporate action for such purpose;

(e) Makes a general assignment for the benefit of creditors; or

(f) Has a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.

8.3 Provider Termination. Notwithstanding anything to the contrary in Section 8.2(a), Provider may terminate this Agreement before the expiration date of the term hereof on written notice (a) if Customer fails to pay any amount when due hereunder (i) and such failure continues for 15 days after Customer’s receipt of written notice of nonpayment; or (ii) more than two times in any 12-month period; or (b) with 30 days’ written notice.

8.4 Late Cancellation Fee (<24 Hours’ Notice). Customer may cancel or reschedule scheduled Services before they begin by notifying Provider (email is sufficient). Except as provided in Section 8.6, a cancellation fee of $100.00 may be applied and charged to Customer’s payment method on file if Customer cancels or reschedules with less than twenty-four (24) hours’ notice before the Services are scheduled to begin.

8.5 Survival. The rights and obligations of the parties set forth in this Section, and any right or obligation of the parties in this Agreement which, by its nature, would be expected to survive termination or expiration of this Agreement, will survive any termination or expiration of this Agreement.

8.6 Three-Day Right to Cancel. If this Agreement was solicited or signed at Customer’s residence, Customer may cancel it without penalty before midnight of the third business day after signing, as explained in the Notice of Cancellation provided with this Agreement. Provider will schedule work to begin after that period unless Customer asks for an earlier start.

9. LIMITATION OF LIABILITY. IN NO EVENT SHALL PROVIDER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, PROPERTY DAMAGE CAUSED BY WILDLIFE OR PESTS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING PROVIDER’S OWN SOLE OR CONCURRENT ORDINARY NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT PROVIDER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. PROVIDER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE SERVICES UNDER THE APPLICABLE STATEMENT OF WORK GIVING RISE TO THE CLAIM. NOTHING IN THIS SECTION LIMITS ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

10. Communications. Customer agrees that Provider may contact Customer by phone call, text message, and email at the contact information Customer provides, including through automated systems, about scheduling, service reminders, billing, warranty matters, and requests for feedback or reviews. Message and data rates may apply. Customer may opt out of text messages at any time by replying STOP; opting out of marketing messages does not stop messages needed to perform the Services.

11. Entire Agreement. This Agreement, including and together with any related Statements of Work, exhibits, schedules, attachments, and appendices, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter, except that any lifetime or “furever” labor warranty that applies to work under an estimate written before November 1, 2026 remains in effect for that work as described in Section 5.5. The parties acknowledge and agree that if there is any conflict between the terms and conditions of this Agreement and the terms and conditions of any Statement of Work, the terms and conditions of this Agreement shall supersede and control.

12. Notices. All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a “Notice” and with the correlative meaning “Notify”) must be in writing and addressed to the other party at its address set forth below (or to such other address that the receiving party may designate from time to time in accordance with this Section). Unless otherwise agreed herein, all Notices must be delivered by personal delivery, nationally recognized overnight courier, or certified or registered mail (in each case, return receipt requested, postage prepaid); provided that routine notices, including warranty claims, scheduling and cancellation requests, and notice of cancellation of a pest control plan, may be sent by email to Provider at info@pricklypearwildlife.com or to Customer at the email address Provider has on file, and a notice sent by email or text message to the contact information on file is effective when sent. Except as otherwise provided in this Agreement, a Notice is effective only (a) on receipt by the receiving party; and (b) if the party giving the Notice has complied with the requirements of this Section 12.

Notice to Customer: Customer’s physical or email address on the Statement of Work.

Notice to Provider: Prickly Pear Home Services LLC, Attn: Admin, PO Box 68, Pflugerville, TX 78691 | Email: info@pricklypearwildlife.com | Phone: (512) 764-5804.

13. Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal or unenforceable, the parties shall negotiate in good faith to modify this Agreement to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

14. Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each party.

15. Waiver. No waiver by any party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

16. Assignment and Sale of Business. Customer may not assign, transfer, delegate, or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Provider. Any purported assignment or delegation in violation of this Section 16 shall be null and void. No assignment or delegation shall relieve Customer of any of its obligations under this Agreement. Provider may freely assign, transfer, or delegate this Agreement, including its warranty obligations, in whole or in part, without Customer’s consent, to an affiliate or to a successor in connection with a merger, acquisition, corporate reorganization, change of ownership or control, or a sale of all or substantially all of its business or assets. In the event of any such sale or transfer, this Agreement and all active Statements of Work shall remain in full force and effect without interruption regardless of the change in ownership.

17. Successors and Assigns. This Agreement is binding on and inures to the benefit of the parties to this Agreement and their respective permitted successors and assigns.

18. Relationship of the Parties. The relationship between the parties is that of independent contractors. The details of the method and manner for performance of the Services by Provider shall be under its own control, Customer being interested only in the results thereof. The Provider shall be solely responsible for supervising, controlling, and directing the details and manner of the completion of the Services. Nothing in this Agreement shall give Customer the right to instruct, supervise, control, or direct the details and manner of the completion of the Services. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

19. No Third-Party Beneficiaries. This Agreement benefits solely the parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

20. Choice of Law. This Agreement and all related documents and matters are governed by, and shall be construed in accordance with, the laws of the State of Texas, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Texas.

21. Choice of Forum. Each party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against the other party in any way arising from or relating to this Agreement in any forum other than the state and federal courts sitting in Austin (Travis County) or Williamson County, Texas, and any appellate court from any thereof. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in such courts. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

22. WAIVER OF JURY TRIAL. EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT, INCLUDING EXHIBITS, SCHEDULES, ATTACHMENTS, AND APPENDICES ATTACHED TO THIS AGREEMENT, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS, OR APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.

23. Counterparts and Electronic Acceptance. This Agreement may be executed in counterparts or accepted electronically, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy or electronic acceptance of this Agreement delivered by facsimile, email, SMS, client portal, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

24. Force Majeure. The Provider shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Provider, provided that, if the event in question continues for a continuous period in excess of 30 days, Customer shall be entitled to give notice in writing to Provider to terminate this Agreement.

STATUTORY NOTICE FOR IN-HOME SALES (TEX. BUS. & COM. CODE CH. 601):

IF THIS AGREEMENT WAS SOLICITED AND SIGNED AT YOUR RESIDENCE RATHER THAN AT PROVIDER’S PLACE OF BUSINESS, YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM BELOW FOR AN EXPLANATION OF THIS RIGHT.

NOTICE OF CANCELLATION

Date of transaction: ____________________

YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.

IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE MERCHANT OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.

IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE MERCHANT AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE MERCHANT REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE MERCHANT’S EXPENSE AND RISK.

IF YOU DO NOT AGREE TO RETURN THE GOODS TO THE MERCHANT OR IF THE MERCHANT DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION.

TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO PRICKLY PEAR HOME SERVICES LLC, AT PO BOX 68, PFLUGERVILLE, TX 78691 (OR EMAIL info@pricklypearwildlife.com) NOT LATER THAN MIDNIGHT OF ____________________.

I HEREBY CANCEL THIS TRANSACTION.

Date: ____________________

Buyer’s Signature: ______________________________