Terms and Conditions

LAST UPDATED: JULY 28, 2023

THESE TERMS AND CONDITIONS GOVERN AND SHALL APPLY TO YOUR AGREEMENT TO RETAIN GEESE PARTNERS LLC, 8 N LINE RD, EDGARTOWN, MA 02539 (“GEESE PARTNERS”) TO PERFORM EVENT OR RECURRING APPLICATION OF GOOSE REPELLENT SPRAY ON PORTIONS OF THE GRASS AT YOUR PROPERTY (“PREMISES”), AS AGREED TO AND UPON THE PRICING TERMS AGREED TO BY YOU AND GEESE PARTNERS.  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.  BY RETAINING GEESE PARTNERS TO PERFORM THE SERVICES SET FORTH HEREIN, YOU WARRANT AND REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE THE OWNER OF THE PREMISES, OR HAVE THE AUTHORITY TO BIND THE OWNER OF THE PREMISES TO THESE TERMS AND CONDITIONS, AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

SERVICES
You hereby agree to retain Geese Partners to perform the application of goose repellent spray, along with related preparatory activities (“Services”) on portions of the grass at the Premises, as agreed to by you and Geese Partners.  Geese Partners shall provide the Services until you provide prior written notice of a request for suspension or termination of the Services, or until Geese Partners terminates the Services, as set forth herein.

PAYMENTS
Following each application of the Services to the Premises, Geese Partners shall submit to you an invoice for payment of the cost of the Services and you shall make payment of the invoice to Geese Partners within fifteen (15) days thereof.  A five percent (5%) late fee, compounded monthly but not to exceed the maximum legal interest rate then prevailing, will be applied to any payment for Services due under these Terms and Conditions.  You hereby agree to provide Geese Partners with your credit card information and authorize Geese Partners to securely store and maintain your credit card information and to charge your credit card for payment of invoices that are past due. Geese Partners takes the security and protection of your credit card information seriously and shall uphold industry-standard security measures to safeguard your data from unauthorized access, disclosure, or alteration.

REFUNDS
A six percent (6%) fee shall be applied to any refunds of deposit payments requested by you due to no fault of Geese Partners.  Refunds shall not be granted for deposit payments of Services scheduled to be provided within fourteen (14) days’ written notice of a request for termination or suspension of the Services.

ACKNOWLEDGMENTS
You acknowledge and agree that, while Geese Partners’ goose control programs serve as a preventative measure that significantly reduces the presence of geese on the Premises, geese will not learn to avoid a treated area until they attempt to feed on it and may not become conditioned to learn to avoid the Premises until after 7-10 days of feeding on a treated area.  You further acknowledge Geese Partners has no control over wildlife behavior and/or weather conditions and that, by agreeing to these Terms and Conditions, Geese Partners does not guarantee that the Services will eliminate the presence of all geese on the Premises.  To assure a better result from the Services, you further agree to keep the grass at the Premises regularly cut, clean, and free of animal droppings, debris, or other conditions that will negatively affect the effectiveness of the Services.

TERMINATION OF SERVICES
If you wish to suspend or terminate the Services, you shall (a) provide Geese Partners at least fourteen (14) days’ written notice of any request for suspension or termination of the Services; (b) you shall be responsible for payment of any Services scheduled within fourteen (14) days of a suspension or termination of the Services; and (c) you shall make payment of all outstanding invoices to Geese Partners within seven (7) days of your request for suspension or termination of Services.  Geese Partners reserves the right to terminate the Services due to your non-compliance or breach of these Terms and Conditions, your failure to make timely payments of invoices, or due to Geese Partners’ change in circumstance or for its convenience.

FORCE MAJEURE
You agree that Geese Partners shall not be liable for any failure of or delay in the performance of an obligation, or in the meeting of a date or deadline herein, for the period that such failure or delay of performance is: (a) beyond the reasonable control of Geese Partners; or (b) caused by a force majeure event, including without limitation labor dispute, rainstorm, tropical storm, hurricane, blizzard, snowstorm, freezing conditions, fire, flood, earthquake, war, insurrection, conflict, ferry service disruption, strike, governmental action, work stoppage, pandemic, epidemic, virus, illegality, executive order, or judicial order; or caused by (c) post-application irrigation, landscaping or other human or wildlife activity, or other material interference or unexpected or disruptive event sufficient to excuse performance under these Terms and Conditions.

NOTICES
You agree that (a) all notices required or permitted to be given or made to Geese Partners hereunder to be effective must be made in writing by certified mail or electronic mail as follows:

Geese Partners LLC
PO Box 1490
Edgartown, MA 02539
mv@geesepartners.com

and (b) notices shall be deemed to have been duly sent on the date when sent by certified mail or electronic mail.

LIMITATION OF DAMAGES
You agree:
(a) that the total potential liability of Geese Partners to you, and the sole remedy available to you, for any claims or derivative claims arising out of or in connection with the performance of the Services, shall be limited to an amount equal to the total cost of the Services provided during the calendar year when the Services were most recently provided but not to exceed ten thousand dollars ($10,000.00).  You further acknowledge and agree that this limitation of damages represents a reasonable allocation of risk and is an essential element of the Terms and Conditions, and by agreeing to these Terms and Conditions, you expressly accept and agree to be bound by the limitation of damages set forth herein.
(b) Except as otherwise provided herein, in no event will Geese Partners be liable or responsible to you for any type of incidental, punitive, indirect or consequential damages, including, but not limited to, lost revenue, lost profits, lost rental revenue, replacement goods, attorneys fees, loss of technology, rights or services, mortgage payments, interest, loan amounts, loss of data, or interruption or loss of use of premises, utilities, service or equipment, whether arising under theory of contract, tort (including negligence), strict liability or otherwise, and regardless of whether such damages were foreseeable or whether Geese Partners was advised of the possibility of such damages.
(c) You acknowledge that, in accordance with these Terms and Conditions, Geese Partners will be making applications of goose repellent spray to grass on the Premises, and that you have had the opportunity to request and review information concerning the repellent spray used in provision of the Services and to seek independent advice regarding any alleged health or property damages risks associated with the Services.  In consideration thereof, and to the fullest extent permitted by law, you will hold harmless and waive any rights or claims you may have against Geese Partners, except to the extent caused by Geese Partners’ gross negligence or willful misconduct, arising out of or related to alleged application of or contact with goose repellent spray or any other products or chemicals used in connection with the Services, including claims for, but not limited to, bodily injury or illness, environmental harm, or damage to grass, landscaping, vegetation, trees, turf, outdoor lighting, driveways or sidewalks, patios, pools, decks, irrigation systems or components, shrubbery or other landscaping features.

PHOTOGRAPHS
Unless otherwise agreed in writing, you agree that Geese Partners shall have permission to film or take photographs of the Services being performed at the Premises for use in its promotional and professional materials and on its website or social media accounts.  Geese Partners shall refrain from filming or taking photographs that disturb your privacy or infringe upon your personal space.

ONLINE REVIEWS
You acknowledge that online reviews play a significant role in Geese Partners’ business reputation and Geese Partners’ ability to secure future clients.  You agree not to post any negative online reviews including, but not limited to, descriptions, blogs, discussion threads, posts, tweets, live streams, stories, or reels regarding the Services without first providing written notice to Geese Partners outlining your specific concerns and allowing a reasonable opportunity, of not less than sixty (60) days, to rectify any alleged issues including, but not limited to, concerns raised by you regarding the quality of the Services or any other issues concerning the Services.  You further agree that, should you choose to post a negative online review, you shall exercise reasonable care to ensure that the review is fair, accurate, and based on your genuine experience with Geese Partners’ Services.  You further agree that you shall not post defamatory, false, misleading, or malicious online reviews that could harm Geese Partners’ reputation.

CHOICE OF LAW 
You agree that these Terms and Conditions and any dispute hereunder shall be interpreted and enforced in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-law principles.

CHOICE OF VENUE 
You agree that any action arising out of these Terms and Conditions shall be litigated exclusively in an appropriate state or federal court in or closest to Dukes County, Massachusetts, and hereby consent, and waive any objection, to the jurisdiction of any such court.

MODIFICATIONS
Geese Partners may, from time to time, amend or update these Terms and Conditions.  Except for Geese Partners’ amendments or updates to the Terms and Conditions, these Terms and Conditions may be modified or amended only by a written instrument executed by both you and Geese Partners.

INTERPRETATION
You agree that all of the terms, conditions, and provisions of these Terms and Conditions shall be construed in a fair and even manner, not more strictly against any one party.

ENTIRE AGREEMENT
You agree that these Terms and Conditions merge and supersede all prior understandings, contracts, discussions, and correspondence between you and Geese Partners pertaining to the Services.

HEADINGS
You agree that the headings used in these Terms and Conditions are inserted solely for convenience and references purposes and are not intended to define, limit, or interpret the scope or intent of any provision or section of the Terms and Conditions.

SEVERABILITY
You agree that whenever possible, each provision of these Terms and Conditions shall be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of these Terms and Conditions shall be prohibited by or invalid under such law, it shall be deemed modified to confirm to the minimum requirements of such law or, if for any reason it is not deemed so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder thereof or any other such provision being prohibited or invalid.