Terms & Conditions
B. This Agreement will automatically renew for additional one-year terms after the expiration of the Initial Term (a “Renewal Period”). If Customer wishes to cancel the Agreement at the end of the Initial Term or a Renewal Period, it must send written notice of cancellation to WLPR no later than 30 days prior to the expiration of the then-applicable term.
C. Customer may cancel this Agreement mid-term. If Customer chooses to cancel the Agreement mid-term, Customer shall not be entitled to reimbursement of any amount already paid to WLPR, and shall remain liable for amounts due but not paid for work already performed. Customer further agrees and acknowledges that premature cancellation of the Agreement would cause damage to WLPR, which damages are difficult to ascertain with certainty. As such, should Customer choose to cancel the Agreement, it shall pay liquidated damages to WLPR in the amount of 10% of the remaining unpaid price (unless exemptions are agreed upon by both parties in writing prior to March 31 of that year).
D. WLPR reserves the right to cancel this Agreement immediately for cause, which includes but is not limited to Customer’s failure to pay amounts due under this agreement in a timely fashion. WLPR further reserves the right to cancel this Agreement without cause upon 30 days’ written notice to Customer.
- WLPR Responsibilities.
WLPR shall work with the Customer to provide an aquatic management program suited to fit the needs of Customer’s Pond and Customer’s intended use for the Pond. WLPR shall provide trained, insured and licensed staff to perform the aquatic management services listed in this agreement. WLPR shall perform all management services, including the application of aquatic pesticides, algaecide/herbicide, pond colorant, bacteria and enzyme supplements, or any other treatments in a professional fashion in accordance with governing state and federal laws, rules, permits and/or licenses, and regulations and manufacturer and industry standards. WLPR will comply with the labeled requirements of all E.P.A registered aquatic pesticides pertaining to transportation, application and disposal, and will also post required warning signs that list any water use restrictions indicated on the label.
- Customer Acknowledgements and Responsibilities.
A. Customer understands and acknowledges that there is a risk of environmental loss inherent in any aquatic management program. This risk extends to both plant and wildlife. Customer acknowledges that any such loss caused by the aquatic management shall be Customer’s sole responsibility.
B. WLPR shall work with Customer to tailor a management program best suited to Customer’s intended use for the Pond. Notwithstanding the above, WLPR cannot control for all variables, and therefore does not guarantee that its management services will ensure that the Customer’s Pond and waters will be fit for Customer’s intended use. Customer acknowledges this fact and accepts responsibility for any claim, loss or damages of whatever nature incurred in connection with any alleged failure of fitness for intended use.
C. To the extent Customer’s intended use of the Pond is as a swim pond, Customer understands that, even with a proper aquatic management program, there is a risk that the waters of the Pond may be potentially unsafe for swimmers on any given day due to environmental and other external factors outside of WLPR’s control. Customer acknowledges this fact and accepts responsibility for any claim, loss or damages of whatever nature incurred in connection with the use of the Pond as a swim pond.
D. It is Customer’s responsibility to provide WLPR and its agents with adequate access to Customer’s property for the purposes of management services. WLPR shall not be responsible for damage to property, including but not limited to structures, curbs, sidewalks, driveways, patios, lawns, shrubs, trees, tree limbs, sprinkler systems and appurtenances, retaining walls, fencing, septic fields and takes, or any other improvement to Customer’s property or any neighbor’s property while performing management services, or any other persons or things not within the control of WLPR.
E. It is understood by both parties that state, federal, and/or local permits may be required prior to performing aquatic management, installation or construction services. Customer agrees to obtain a DATCP Fish Farm License or allow WLPR to obtain DNR permits prior to commencement of aquatic management services performed by WLPR. Upon request by the Customer, WLPR will provide assistance with applying for necessary permits or license.
- No Warranty for Management Services.
WLPR will work to develop an aquatic management program that meets the Customer’s goals for the intended use of the Pond. However, due to the number of environmental and other variables that may affect the condition of Customer’s pond that are outside of WLPR’s control, WLPR does not make any warranty or guarantee with regard to the management services, and nothing in this agreement shall be construed as a representation made or warranty given by WLPR.THE SERVICES PURCHASED UNDER THIS AGREEMENT ARE THEREFORE FURNISHED AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
A. General. Customer agrees to defend, indemnify and hold WLPR harmless against any claim, demands, losses, liabilities, actions, lawsuits, arbitrations, or expenses of whatever nature, including actual attorneys’ fees expended in WLPR’s defense, that may be brought by any third party against WLPR, relating to the management services provided pursuant to this Agreement. Such indemnification includes but is not necessarily limited to claims related to injury or death resulting from or related to, or arising from in any way whatsoever, Customer’s ownership, use or enjoyment of the Pond.
B. Adherence to Pond Cleanliness Laws, Rules and Regulations. Customer agrees to defend, indemnify for and hold WLPR harmless against any claim, demands, losses, liabilities, actions, lawsuits, arbitrations, or expenses of whatever nature, including actual attorneys’ fees expended in WLPR’s defense, that may be brought by any third party against WLPR, directly or indirectly relating to any failure to abide by any laws, rules and regulations relating to Pond cleanliness. Such indemnification includes but is not necessarily limited to claims related to injury or death resulting from or related to, or arising from in any way whatsoever, any alleged failure by Customer to adhere to pertinent laws, rules and regulations.
C. Use as Swim Pond. Customer agrees to defend, indemnify and hold WLPR harmless against any claim, demands, losses, liabilities, actions, lawsuits, arbitrations, or expenses of whatever nature, including actual attorneys’ fees expended in WLPR’s defense, that may be brought by any third party against WLPR, relating to either the private or commercial use of the pond for swimming. Such indemnification includes but is not necessarily limited to claims related to injury, illness or death resulting from or related to, or arising from in any way whatsoever, Customer’s use of the pond as a swim pond, or for Customer’s decision to allow others to swim in the pond.
If Customer defaults on any payment set forth above, in addition to any other remedies allowed by law, WLPR shall have the right to institute suit seeking collection of such amounts. All disputes relating to the Customer’s failure to pay shall be subject to the jurisdiction of and brought before Wisconsin State Circuit Courts. Customer shall be responsible for all court costs and fees, including reasonable attorneys’ fees, incurred by WLPR in collecting unpaid amounts.
A. This Agreement is the full and final expression of this Management Agreement between the parties, and all prior written or oral agreements between the parties are superseded, null and void. This Agreement may not be changed or amended in any fashion, except in a writing signed by both parties.
B. The parties represent and acknowledge that they have had sufficient time to review this Agreement, and have reviewed and understand each and every term of this Agreement.The parties voluntarily enter into this Agreement with full knowledge of its contents.
C. This Agreement shall be binding upon and inure to the benefit of the executors, administrators, assigns and legal successors of the parties hereto.
D. If any term of this Agreement is adjudged invalid or unenforceable, the remaining terms of the Agreement shall remain in force and effective.
E. This Agreement may not be assigned by either party without the express written consent of the other party.
F. This Agreement shall be construed and enforced in accordance with the laws of the State of Wisconsin.