Case 1:19-cv-01089-N Document 10-1 Filed 12/31/19 Page 1 of 9 PageID #: 335

EXHIBIT 1
48 AMERICAN ARBITRATION AsSOCIATION'
DEMAND FOR ARBITRATION
CONSUMER ARBITRATION RULES
Complete this form to start arbitration under an arbitration agreement in a contract.

1. Which party is sending in the filing documents? (check one) III Consumer o Business
2. Briefly explain the dispute:

Fraud, negligence, professional negligence(including training and supervision), breach of contract, and equitable relief relating to
the failure to disclose problems with, make proper recommendations for, and provide proper termite prevention, moisture, fungus,
and other wood destroying organism damages. Damages are compensatory, punitive, special, and equitable.

3. Specify the amount of money in dispute, if any: $ 820,000

4. State any other relief you are seeking:

Attorney Fees III Interest III Arbitration Costs III Ot~er; expla in: Punitive/Exemplary, Mental Anguish and Equitable (including but not limited to attorney fees and expenses.)

5. Identify the requested city and state for the hearing if an in-person hearing is held: Mobile, AL

6. Please provide contact information for both the Consumer and the Business. Attach additional sheets or forms as needed.

Consumer: Business:

Name: John and Allison Peebles Name: The Tenninix International Company, Inc.

Address: 107 Ryan Avenue Address: 1032 N. University Blvd.

City: Mobile State: AL I Zip Code: 36607 City: Mobile State: AL I Zip Code: 36608

Telephone: Fax: Telephone: 251-206-5856 Fax:

Email Address: Email Address:

--
Consumer's Representative (if known): Business' Representative (if known):

Name: Thomas F . Campbell, Matthew W . Nicholson, Robert S. Walker Name: Stephen Carter, General Counsel

Firm: Campbell Law, PC Firm: The Terminix International Company, Inc.

Address: Address: 860 Ridge Lake Blvd.

1 Chase Corporate Drive
Suite 180

City: Binningham State: AL I Zip Code: 35244 City: Memphis I State: 1N I Zip Code: 38120

Telephone: 205-278-6650 Fax: 205-278-6654 Telephone: Fax:

Email Address: TenniteTeam@CampbellLitigation.com Email Address: scarter@terminix.com

Date: December 30, 2016

7. Send a copy of this completed form to the AAA together with:
• A clear, legible copy of the contract containing the parties' agreement
to arbitrate disputes;
• The proper filing fee (filing fee information can be found in the
Costs of Arbitration section of the Consumer Arbitration Ru les); and
• A copy of the court order, if arbitration is court-ordered.
8. Send a copy of the completed form and any attachments to all
parties and retain a copy of the form for your records.
Cases may be filed with the AAA by mail, facsimile, email, or on-line.
To file by mail send the initial filing documents and the filing fee to:
AAA Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ
08043. To file via fax send the initial filing documents and a completed
charge card authorization form for the filing fee to 877-304-8457. To file by
email send the filing documents and a check or a completed charge card
authorization form for the filing fee to CaseFiling@adr.org. Charge card
authorization forms are available at www.adr.org/Services/Forms. To file
on-line via AAA WebFile, visit www.adr.org and click on File & Manage a
Case and follow directions to register. To avoid the creation of duplicate
filings, the AAA requests that the filing documents and payment be
submitted together. When filing electronically no hard copies are required.
Pursuant to Section 1284.3 of the California Code of Civil Procedure, consumers
with a gross monthly income of less than 300% of the federal poverty gUidelines
are entitled to a waiver of arbitration fees and costs, exclus ive of arbitrator fees
This law applies to all consumer agreements subject to the California Arbitration
Act, and to all consumer arbitrations conducted in California. If you believe that
you meet these requirements, you must submit to a completed Affidavit for
Waiver of Fees, available on our website.

American Arbitration Association, Case Filing Services. 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043
AAA WebFile: https:llwww.adr.org I AM Customer Service 1-800-778-7879
~OZlOU2010

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Case 1:19-cv-01089-N Document 10-1 Filed 12/31/19 Page 2 of 9

l'Iylll'"
AIDIIWIf
QO :1)2'FAX2S134l1142

CKNuuibw CaabS eel Alabama Defined Termite Protection Plan A-r

".,4 PageID Iil008
#: 336

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Ibcdwmar
Cctn~Ieri~
rmSCONTRACT PROVIDES FOR ~TREATMENT OrA STRUCTDHE AND
AInIiIK ~Numbllr CubS ees THE REPAIR OF· DAMAGES CAUSED BY SUBTERRANEAN TERMITES
Mba wrmIN THE LIMITS STATED IN THIS CONTRACT. nus CONTRACT IS
CUlt.f FOR DEFJNlID POST CONSTRUcnON SOIL TREATMENT.

- ........-1 i chlZ4cl. Lut';.r. . PI! ~b l",

MliIlingAddmss t 1
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A JiOllHPiIode

City
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Stat~rtPbo:iP c.3& (,;{n

Property Addres• .. ~
ct:::=: 1 ~ 1f\.(J
d"'" f City State_Zip Coda
Description of SCructu~s) Covered E·MIil Add,ess

BlanGbAd~sJCJ ~2
.
LV LllJ tV ~ (~L ~t ( 61vtt · fIIonc Number

.
Effective with . . of$ ~"" l) f ( ' ) () . Tennlnix will provide aliquid barrieA'treatmcrr
. Iht daifll of initial treatment ud for ODO year thereatlvr, for the sum
to die uicntified property to control or protect 8&lWlSt mbten'8ne&r)tefmitell (Re,/culi,e,mll 'pp.. HtltilrO,."""s Ipp.) and formosan
'" subterranean tetrGitel
(CopIClltlrmu. app.).
Tcrminix wiU extend SCM/ice annually to the Punmasu for so long as Purchaser may OWII tbe·propeny for S l , '5" . (:) () .
per year payable
on or before the end ofthC1l previous annual period. After the third IIIlII1IIII period and elld\ annual period tbcreatler, Tei'i'ninix rescrVcs the riGht to revise the
annuah'euewal cherie.
DurIng the term of this Plan, any further trearmcnt fOund necessary by Terminix will be per.!onued &ee of th.,ge. 1erminix will Jeinspect the fdentfftcd
pro~ annua11yor at any time thc Purclwer requests it or ifTenninix bdieves it necea..wy. • .
ThilS Plan providesprolection against new subterranean termhe ~age to the structure and c:onttmts, oecutrlna BUbSt;quent to the effective ·date of this
Agreement. If Dew dam8~ OOClllS dwing the tenn oftbis Agreement. TtmIinix wil'- upon notlflcatiuD~d iNpec"Jon, arrange for thel1ec:cssary repairs or
replaceml!llt by a c:ontracrot chosen by Tcnninix and pay the entire coat of labor and m~s. NeW damase Is deflnod 119 dllnlagc clone by covered sub-
Icrraneen tmnitenubsequent to the effective date of this Agrcellllmt; the deftflltion·excludes damage txi9tini at that date. Unless live tennitellue found in
the damaged an:tI, the damllJII discovered is old damage and Is not covered UIKklr this Plan. Repa/I'S ioJ' new damaae co comma-cial ~ctures (Including but
n.ot limited to mulli-unit residential apartments, tc)wn bouses, and condomimllJJ'ls) Bra limited In me aggregate ofSJoo,ooo during tbe term ofthia P\aD;
PURCHASER UNDERSTANnlNG OF PAYMENT OPTIONS FOR NON-COMMERCIAL CUSTOMERS ~ .
l'urchaser IIDduBtllDds Tllmrinlx"! available and appmvad poy ....eru option. AIr n_mmpcialcuslDmerJ, and iltlJieaws, .bt.Putd!IMr'I !n1l:!aII below, widell p!\YIN1It opIiOI1 i$lWl'emd:
SlIMMAR'II Otl' CHARGES A.ND PAYMDITS
. . Initial 1SUh, cIu:dc CIT ~it GlInt dilvm-paynlent oU Will bo dIIc upon ac:cepta_
ar tht. agrrmnant by 'lWm1nlx, and 0 11 0,0 \8 montbly Inmilmcnlll of'S . will I. SBlMCE(S) JIURCHASSD
ba pald J.llladImlCd on IlJlclalI (nma1ImeIt, CDt'iUICL J..,demInd Ihallh_ inataDl'llaltlllUII.lI111ct A, fnkl.ll'reaUllellt lit lnatalilltion
to 8 FhI_ Cbarge .and IIwt if I "rJect dtls option. I win be required to siBn .lletIillnllfllllmant
CDIIP'ICt. 1 fIII1het undemand Ihar this opDlln i. only avillablot ,ubJaat to mit app,oval and that
and First Year', S""lce • •. . ....... ~lQO
ItIII.F\1If,lI01; Cbu&o and CIIber IImIS and cimdldoni _ "" furih heroin will be "/111m III die 8. Addldilnal AnlMlll Renewals
,.
kIDiIlnsIallmmtt Cafl'll'eCl. _Yf.(lImlt:!)a® S

_ lnilial2O'K &lWll-Pll/m4nlofS _ _ _ _ _ _ by cub, check or credit CIU'd will be dlle 1l(IOII 5ulnotll (SlIm A+ B) .. .... .. ..... . ........ . ([DO
~ oftbiJ Ip!1WIK by TellJlhlbt, willi \he temDiDing buIIncI: ID llc pUd upon complalion '.'TAX .. II, • • •• ~. ,a o M", . . .... . . . . . '1' .1' " ' •••••• • = (~
ollhe inltieJ IrIIIIlmcot or lustallilian.
. 3. TOTA1.(l +n
. =
..... " .... ..................... .~
'tOO
III o-lime IIBSh, chcclc or emIlt card · pIymeIIt Win be paid upOn -JIIIUICII of Ihia ....-nan by 4.WSS OOW\ll PAYMENT .•. - Cd
')'enllinlx.
,. LESS AMOUNT TO BE PAID
.
III ODC'!imc credit wd paYMent will.be peld upon aomplct1lln of tho lnldl\ trtllmen1 or instDllttioR.
By .oignlng till Cud Holder Si&fIatwe line in IiIII SIIIPIrIMY of Cbargtllland PI)'T118mt box, 1, Ute·
PBB. tulTAn. .".STAI.LMENT.CONTRACT •. •..... -
~. BALANCETO DEPAlO TO 1'I!RMINIX
Card HoIcIIn; 1lIII1IIiItIorizIng 'l'hnnlnbl to procas \hia o",·1id\e aedil wei p8ymcnt UJIOII tba_
pletioll ortboiDidellR8Imcnt Df illllalilldon wilhOliI t\lrther aialllfll~. Ol'"llIlborizIrtionfi;am me. ArCOMPI.E:nON(!ium 3.4.5) ••• .,: .............. liJO
BAl.ANc£'l'OIIIIJlAlDIIV(CIIaIoOnt)c tJCUh Cia.... OIolo..,OnIIr OCnolitCard

Credit Cnrd 'IYPc;

(Jcdit~d .i
o MasterCard OV1SA
Exp.Dau
o
DiSCO'VCf o AMEX I Name (u it appeilrS on cmlit Gard)
Card Iiolder Slgoature . .
.
In the event of additions or alterations to tlJe Identified property, Purchaser mlm. A""c prior notice and arrange with 'fern1\nix for additional scrviGe at the
expense of Purchaser. Such additi,!ml or alterations may allO require an ~lUIunC1'lt to. the annual renewal charp.
Upon trIIIISfet of ownCl3hip of Ihe Identified property, this Plan may be CI)lltinued Ilpon the tenns " conditions on me rewne side.
. . TO. lNCLUDlNG THE MANDATORY AlUnTRATION AGU~NT AND
ANY ADDITIONAL PROVISIONS ATTACHED BED .
'I'BE OTHEJI 1'E:RMS AND CONDmONS ON THE DVERSE SIDE AND THE INSPECUON GRAPH DATED I... · .
ARE PAQ.l' OF TBl8 PLAN.

Tenninix has provided the Purobaser with a cop)' .of the manufacturer's specimen label Or other state required documents
be used toncat the above-named Pl'openy.

The Initial treatment will OCCW' within 30 day!! oftbo date of the co"\T~ and be cOJlIpletcd as set forth. herein. .,
NOTIC}'., YOU, 11IE PURC~SER. MAt CANCEL THIS TRANSActiON AT ANY 11MB PRIOR TO MIDNJGBT Ol,i"l1U TIDRD
BUSINESS DAY AlTER THE DATE OF TRJS TltANSACTION. SEE THE ATTACBJ:D NOTICE OF CANCEl..l...4.T10N FOR AN
EXPLANATION OF THIS :alGllT. Peebles 1237 AOAI- 202
 Case 1:19-cv-01089-N Document 10-1 Filed 12/31/19 Page 3 of 9 PageID #: 337

TERMINIX
MOBILE NORTH
1032 N UNIVERSITY BLVD Vapo Check
MOBILE, AL 36608 Contract #: 12479-02.57285

evstomer Nllme: JOHN PEBBLES Home Phonal (251) 709-7954 RapfMentatlve: PUGH, JASON M.
MeHrngAddress: 107 RYAN AVE wort Phillie: Contract Date:. 10/13/2014
MOBILE, AL 36607 Call Phonel Page: 4
PropeltyAddres,: 107 RYAN AVE
MOBILE, AL 36607 E.....ail Address:

Authorized Agreements
Service Plan Description Initial Renewal Spedal5ervlce
BIIRng Frequency Service Frequency
Charge* Charge* Charge'"
Vapo Check $0.00 $0.00 $400.00
*fxcludes tax (If applicable)

Information:
Square Footage: 1500

Teni'linix will install Vapo Check material over the soil of the crawl space of the property described in this Agreement
LIMITED WARRANTY. Terminlx warrants that the Roor Support(s), Auto-Vent(s), Vapo-Check, R-Plus Insulation, Stucco
CUtting/Removal and/or Drain Installation installed by It will be free from defects in material or workmanship for a period
of one (1) year from the date of installation. If any Floor Support(s) move(s) from the location where installed, or if any
part of the Floor Support(s), Auto-Vent(s), Vapo-Check, R-Plus Insulation, Stucco Cutting/Removal, and/or Drain
Installation failes) during this period because of defective workmanship, the customer should notify the nearest Terminlx
office. If the customer is unsure where the nearest office Is located, then the customer should write Terminix
International, 860 Ridge Lake Boulevard, MemphiS, Tennessee 38120. Terminix will then send a representative out to
examine the Floor Support(s), Auto-Vent(s), Va po-Check, R-Plus Insulation, Stucco CUtting/Removal and/or Drain
Jnstallation. If the examination, in the judgment of Terminlx, indicates that any part of the Floor Support(s), Auto-Vent
(5), Vapo-Check, R-Plus Insulation, Stucco Cutting/Removal and/or Drain Installation has or have failed because of
defective material or workmanship or has or have moved then Termlnlx will, at its option, either replace or repair the
part of the Floor Support(s), Auto-Vent(s), Vapo-Check, R-Plus Insulation, Stucco Cutting/Removal and/or Drain
Installation Without charge to ~he customer. These Warranties do not apply, and Terminlx assumes no responsibility for
any damages that arise in any case where Roor Support(s), Auto-Vent(s), Vapo-Check, R-Plus Insulation, Stucco
Cutting/Removal and/or Drain Installation has or have been either tampered with or altered In any way.

Call1.800.TERMINIX or visit Ten-ninlx.com

 Case 1:19-cv-01089-N Document 10-1 Filed 12/31/19 Page 4 of 9 PageID #: 338

n~J1JR~"~~
MOBlLENORTH
1032 N UNIVERSllY BLVD Wood Treatment· 1 Year
MOBILE, AL 36608 Contract #: 12.479.;0257285
e

CU5tOmer Name: JOHN PEBBLES Home Phone: (251) 709-7954 Representative, PUGH, JASON M.
Mailing Adclress: 107 RYAN AVE Work Phone. Contract Date. 10/13/2014
MOBILE, AL 36607 Cell Phone: Page, 5
Property Acldres,: 107 RYAN AVE
MOBILE, AL 36607 E-IIIIIII Address:

Authorized Agreements
Initial Renewal
Service Plan Description
Charge* Billing Frequency
Charge*
Service Frequency Special Service
Charge* I
Wood Treatment - 1 Year $0.00 $0.00 $400.00 I
*Excludes tax (if applicable)

Information: '~'-=-------
Description of Structures Covered: House Square Footage: 1500
Treatment Area: Crawl Space Target Pests: Wood-DecayIng FungI

THIS CONTRACT PROVIDES FOR THE RETREATMENT OF A STRUCTURE BUT DOES NOT PROVIDE FOR THE
Rl;PAIR OF DAMAGES CAUSED BY SPECIFIED WOOD DESTROYING ORGANISMS.
Terminix will provide treatment to control or protect against certain wood destroying organisms In the specific areas
noted above. DUE TO THE NATURE OF CONSTRUCTION, THE EXTENT OF EXISTING TERMITE DAMAGE, THE DEGREE
OF TERMITE ACTIVITY, AND/OR APPUCATION RESTRICTIONS, THIS AGREEMENT DOES NOT GUARANTEE AGAINST
PRESENT OR FUTURE DAMAGE TO PROPERTY OR CONTENTS, NOR PROVIDE FOR REPAIRS OR COMPENSATION
THEREOF:
puring the term of this Plan, any further treatment found necessary by Terminix will be performed free of charge.
Retreatments may include wood treatment at the sole determination of Terminix. Terminix will reinspect the identified
property at any time the Purchaser requests it or if Terminix believes it necessary. Terminix does not represent or
guarantee that the speCified wood destroying organisms will not be found at the above described property address after
the initial selVice.
Effective with the date of initial treatment and for one year thereafter, Terminix will perform the treatment to the
identified property to control or protect against the wood destroying organisms as noted in this Plan.
ANY ADDITIONAL PROVISION ATIACHED HERETO, INCLUDING THE MANDATORY ARBITRATION AGREEMENT AND THE
OTHER TERMS AND CONOmONS ON SUBSEQUENT PAGES AND THE INSPECTION GRAPH ARE PART OF THIS PLAN.

Call1.800.TERMINIX or visit TerminiX.com

 Case 1:19-cv-01089-N Document 10-1 Filed 12/31/19 Page 5 of 9 PageID #: 339

TERMINIX
Summary of Charges
ServIce Charges:
VapoCheck: $400.00
Wood Treabnent - 1 Year: $400.00
Subtotal: $800.00
Total: $800.00
Tax: $0.00

Total: $800.00

Purchaser Payments
Method of Payment: Check number 607 $400.00 VapoCheck
Method of Payment: Check number 607 $400.00 Wood Treatment - 1 Year
By signing below, I, the cardholder, have authorized Terminix to process the one-time payment upon the completion of the Initial service without
further signature or authorization from me.

Agreement and Authorization

ANY ADomONAl PROVISIONS ATIACHED HERETO, INCLUDING THE MANDATORY ARBITRATION AGREEMEI'lT AND THE OTHER TERMS AND
CONDmONS INCLUDED WITH THIS AGREEMENT AND IF APPUCABLE TO SERVICE, THE INSPECTION GRAPH, ARE PART OF THIS AGREEMENT.

Notice: You the purchaser, may cancel this transactIon at anv time prior to mIdnight of the thIrd business day after the date of this transaction. See the
attached notice o(cancellation for an explanatIon of this right. In the event you have questions or complaints, you may contact a Termlnlx
representative by calling 800-TELLTMX (800-835-5869).

CUstomer Name: JOHN PEBBLES Customer Signature: Date: 1011312014

Rep_tatlve: JASON M. PUGH Representative

Signature: Dale: 10/1;JJ2014

Calli. BOO.TERMINIX or visit Terminix.com

 Case 1:19-cv-01089-N Document 10-1 Filed 12/31/19 Page 6 of 9 PageID #: 340

MOBILE NORTH
1032 N UNIVERSIlY BLVD
Terms and Conditions
MOBILE, AL 36608

GENERAL TERMS !It CONDmoJjli APPUCABLI! TO ALL SERIIlC§

CONRlCT OF TERMS. To the extent there exists I conflict between the Genernl Terms & Condillons conl2lned herein and any spedflc terms and alIIdltlons applicable to a partlclJlar servtce, whether
below herein Dr otherwise contilined in the Agreement, the specific terms and CDndi~on5 applicable to gJCh parUcular 5etvIce shall take preIEdence and gayetn and control. The term "Pun:has'" as used
herein shall also Include OJstomers of TerminlX.

MANDATORY ARBITRATION. Any claim, dispute or contrtlYerSy, regilrdIng al?f contract. IDrt, statute, or otherwise ('Clalm'~, al'lslng out Of Or relatlng to Ws agreement or the relationships among
the parties hereto shaD be resoM!d by one arbltratX>r through binding arbilration administered by the American ArbitratiOn AssccIatlon ('AM'), under the AAA Commercial or Consumer, as applicable,
Rules In effect at 1IIe time the ClaIm /$ filed ("~. CopIeS of the /lAA Rules and forma can be located et WWWR.DI!I, or by calJing 1-800-nS-7879. The arbItrator's deci5IoIlshali be final,
binding, and non...ppeaIabIe. Judgment upon the award ITUIV be entered and en1crced In any court having jUrlsdlttIon. ThiS clause Is made pursuant to a transaction InYOMng I n _ commerce and
shall be ptlYBT1ed by the Federal Arbitration Act NeIther partv shllli sue the other party other than as provided herein or for enforcement at this clause or of the urbitJator's award; any SUCh SUIt may be
brought only in Federnl DIstrict court for the District or, If any 5UCh court facies )lrisdiclion, In any stab! aut that has p;sdicIion. The 8rb1trat11r, and not II?f federal, &abe, or local court. shal have
elCdusive authority to resol\le any dlSpub! refilling tX> the Inturpretation, IIPplicablllly, uncon5ClOnabilltY, IrblO'lblflty, enforceabilily or fOrmatIon of thIS Agreement inducllng any ClaIm that aU or any part
of the Agreemern: Is void or YOIdable. HaI'/eVer, the pnecedlng sentence shall not BPPIf to the clause entitled ·Ouss Action waiver.· Venue fOr arbitration hen!under shall lie in MemphIS, TN.

CLASS ACTION WAIVER. AI?f Claim must be brought In the parties' Individual capacity, and not as a (lIa1nt!1I' or dass mBlTlber In any purported class, coIlettive, represenbltlYe, multiple plalntllf, at
slmll.r proceeding ('~'). TIle parties expn!S$1y waiYe ~ny ability to _ I n any aus AdJon In any I'wum. The arbitrator shall not have lIUthorItY to CD!11b1ne or aggregate SImilar claims or
condud: any Class ActIon nor mal<e an BWard to any person or entity not a party to 1M arbllBtion. AI?f claim that all or part of thIS Cass l\cI:Ion Waiver Is unenforceable, unCOllSClonable, voold, or
\IO~ble may be lIetErmlned onlf by a court ot competentJuriscilctian and not by an arbltraiIDr. THE PARllES UNDERSTAND THAT TtiEY WOULD HAVE HAD A RIGHT TO lITIGATE THROUGH A COURT,
TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A QASS OR REPRESENTATIVE ACITON. HOWEVER, TtiE PARTIES UNDERSTAND AND CHOOSl! TO HPoVE ANY ClAIMS
DECIDED JNDlVlOUAll.Y, TtiROUGH AP.BITRAllON.

PUR<:HASER'S AaCNOWL.EDGI!MENT 01' IUClIPT 01' ReQUIRED DISCLOSURES. PURCHASER ACI<NOWLEDGES lW\T TERMINlX HAS PROVIDED PURCHASER WITH: (AI A COPY OF TtiE
MANUFACI1JRER'S SPECIMEN WEl OR OTHER STATE-REQUJRm DOOJMENTS FOR THE PES110DE(S), TERMITlClOE(S), AND/OR RODENTIODE(S), WHICH Will BE APPUED; AND (B) AN
INSPECIlON GRAPH.

CHANGE IN lAW. Tennlnlx petforms its services In acmrdam:e with the requirements of law. In the event of • change In ex'5tfng law as apertains to the serYlces herein, Termlnlx reserws the right tX>
reo;(se the Annualllfnewal Term Fee, If appIlcIble, or terminate this Agreement.

CHANGE IN T!RMS FOR ANNUAL SERVICI! PlAN AGREEMENl5. At the time of any renew.al of an Annual Service Plan Agreement. Tennlnlx may change the IEnns and conditions of such Annual
5erIIite Plan Agreement by addi~, deIeling or modif\IinsJ any provision. TermblIx will notify the Purdlaser In advance of any such change, and Purchaser may dedlne to accept such a thange by
declining \xl renew thIS Annual 5erVioe Pilln Agreement. Renewal of the Annual 5ervIce Plan Agreement Wli constitute aoc:eptance at any such changes.

NON-PAYMENT; DEFAULT. In case of non-payrnent or default by the Purchaser, Termlnbc has the right to terminate this Agreement. In addition, cost of collection Including reasonable attomey's rees
shill be paid by the Purchaser, whether suit Is flied or not. In addlllon, interest at the highest: legal rate will be assessed fOr the period of delinquency.

FORCE MAJEURE. TermlnIX shall not be liable 110 Purchaser for any failure to perfonn or del!y In the pel1ormanc:e under this Agreement atb1butab!e In whole or In part 10 any cause beyond its
reasonable cantrnI and without Its fault or neghgence, Including but not nmlted to acts of God, flres, floods, OIIr1hquakes, strikes, unavailability of necess.ry utllltlcs, blackouts, government actlans, war,
dvll dISturbance, Insurrection or sabotage.

UMmD ASSIGNABILITY. This Agreement is assignable by Purchaser to a new owner of the property for period of one year from the Effective Date of tnls Agreement and thereafter, upon the
writllln request of the Purchaser, and only In the sale disCl1!tlon ofTerminix alWr rts Inspection of the property which consent, if given, shall be In writing, signed by Terrninix and accepted In writing by
Purdl.seI'.

DISClAIMER. EXCEPT /IS OTHERWISE PROHIBITED BY LAW, TERMlNlX DISaAIMS AND SlW.l NOT BE RfSPONSIBLJ: FOR AAY lIABIUTY FOR INDIRECT, 5PEClAL, INCIDENTAl, CONSEQUEtmAl,
EXEMPlARY, PUNlllVE AND/OR I.OSS OF ENJOYMENT DAfI1AGES. THE 08UGATIONS OF TERMINlX SPECIFICALLY STATED IN THIS AGREEMENT ARE liMN IN llEU OF mY OTHER OBllGAllON OR
RSSPONSIBIUTY, EXPRESS OR IMPllED, INClUDING ANY REPRESENTAllON OF MEROiANTASl.llTY OR FITNESS FOR A PARllCUlAR PURPOSE.

EASY PAY OmON. If Pin:haser enrols in Easy Pay, Purchaser acknowledges that payments for aU future Invoices for services provided by TermlnlX under thIS Agreement shiIlI be paid Ilia an
eUlDmatl\: deWttion rram PlA'Chaser's depository account (chedclng or saYings) or crecIt card account Accordingly, Purchaser 8Uthon.es TermlnlX 110 Initiate debit enbies to Plrchaser's spedfled acaIunl
In the amount of any irlYolces Issued for Services provided under this A~ment. PUrchiiser unders!lrds that such deduction shan be initiated no earlier than RYe (5) business days following the
ISsUance Of thefnVOice for such services. Purchaser understands that Purchaser rnoy cancel thIS Easy Pay authorization by providing wrltII!n notlc:e of such cancellation 110 TermlnlX and that such
canCeilltion shall be effectIVe seven (7) bUSIness days following Terrninlx's receipt of such cancellation notice. PUrchaser further acknOwledgeS IhIIt cancellation of Purchaser's Easy Pay authorization
doi!S nat cancel any of Purchaser's other obHgatlOns under this Agreement and Purchaser n!rTIalns responsible for payment of the Serylces plO'llded by Termlnix under this Agreement.

SEVERABILITY. If any part of this Agreement Is held to be 100aUd or unenforceable for any reason. the remaining terms and conditions of this Agreement shall """"In In ful fo~ and effect,

GOVI!RNING LAW. Except for the Mandatory Arbitration Cause set forth abave which Is governed by and construed in accordance with the FedelaIArbltration Act, !his Agreement sfwlll be governed
by, and cons1Jued in accordance wltl1, the IaW5 of \t1e Sl2t1! in which the dispute arises without regard to the conflict of lows pCOYisions.

ENURE AGREEMENT. This Agl'l!l!l11ent tX>gether with all exI1lbits thereto const1t1Jt2s the enUre agreement between the P'lrtles, supersedes aU proposals, oral or writlel1, and all other communications
~ the parties relating fX) $IIch subject matmr and no other representations or statements will be binding upon the P'lrt/es. This Agreement may not be modified or emended ~ any way wllhout the
wtltten consent of both parties.

~LnRMS • CONDl'OONS APPUCABLE ONI.Y TO DRMtTE AND PCSJ~ONTROL SERnCES (OTHERTlfAN RODENT EXCYJSION SRVICES)

OWNERSHlP TRANSFER. Upon tranSfer of ownership of the Structures, ServIces may be contlrU!!l upon request of the new owner and upon payment of an ownem.ip transfer fee ill determined by
Termln'" tn Its sole discretion. In addition, Terminbl resezves the right to revise tile Annual RsnewaI Tenn Fee, If appUcab1e, upon lfansfer of ownerShIp. In the event the new awnerfallsto request
oontinuatlon of this Agreement 01 does not agree 110 P'lY the transfer fee or the !'eYised Annual Renewal Term Fee, if appU",ble, this Agreement wlll terminale aUlomaticallf as of \he date of tile change
of ownership.

WATER LEAKAGE. Water leakal/l! in treated areas, In Interior 1JU5 or through the roof or elIlerIor walls of the Structures, may destroy the eff«tlveness of treatment by Termlnlx and Is conduCIve to
new Inrestation. Purchaser IS responsible for making Hmely ,.Irs a5 necessary to stop the leakage. Purchase~s falure 110 make timely repairs wlll termlnatt! this Agreement automallcally without further
notice. TermlnlX shall have no responsibility for repaIrS with respect to water leakage.

ADDmONS OR ALTERAnONS TO SfRUClURES. This Agreement covers the Structures described on the Inspecllon Graph as of the date of the Installation of the Baiting System and/or liquid
Defend System. In the eYent the premises ere structurally modltled, altered or otherwise changed, or If soli 15 removed or added around the foundation, or " Baiting System stations are removed or
dISturbed (collectively .~.), PUrchaser must provide Termlnlx with wrttten notice of 5lIch A1tmt1ons within ten (10) days of the occurrence of!lUCh Alteration. Purchaser's faHwe 110 prOVIde such
notic;e will terminate this Agreement aulomaticelly without further notice. The fallUre of Term1nix to discover such Alterations does not release Purchaser from the obligations to provide written natICe to
Termlnix of the same. Purchaser shall pay TermlnIx'5 then turrent charges for a service call to evaluate the AJteraUo"s and provide addillonal Bait station 1IUtment andlor Uquld Defend System
treatment as a result of the AJteratJons. Teimlnlx reserves the right 110 Inaease the Annual Rer1ewa1 Term Fee as a result of the AlteratiOns.

ADDmONAL DISCWMERS. ThIs Agreement does not cover aIld Terrninllc will not be responsible for damage resulting from or services required fOr: Ca) any and 1111 domage resultlng from termites
and/or any other WOOtkIestroying organisms except as spedl1caDy provided herein; (b) mols!lJre oandItIons, IndJdIng but not limited to fungus damage·and/or water lellkage caused by fatAy plumbing,
roofs, gutters, downspouts arvJlar poor drainage; (e) masonry failUre at grade alterationS; (d) Inherent strudLnl problems, including but not limited 11:1, wood to ground contacts; Ce) lelmltes entering
any rigid foam, wooden or ceI~ase containing components In conblct with the earth end the Structures regardless of whether the component Is e part of the stnIctures; and (0 the failure of Purchaser
to property CIIA! at Purchaser's expense any ccndlUon that prevents proper treatment or inspection or Is canducM! to termite Infestation. nus AGREEMENT DOES NOT GUARANTEE, AND TERMlNlX
DOES NOT REPRESENT, THAT TERMITES WILl NOT RETURN.

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 Case 1:19-cv-01089-N Document 10-1 Filed 12/31/19 Page 7 of 9 PageID #: 341

n~~_~~~W.
MOBILENORTH
1032 N UNIVERSITY BLVD Inspection Graph
MOBILE, AL 36608 Contract #: 12479-0257285
®

Inspection Date: 10/13/14

Customer: JOHN PEBBLES
107 RYAN AVE MOBILE, AL 36607

F_

I -

SCALE: ~i

This gl1lph is a record of I \risual, non-destruc:tfve inspection by Termlnlx of certain readily accessible areas of the Identified property for visible termite
infestation/damage. Termlnlx is not responsible for repairs to damages disclosed above. In addition, hidden damage>mayexist in concealed, obstructed or
inaccessible areas. No attempt to remove siding, plastic or sheetrock insulation, carpeting, paneUng, etc. to search for hidden damage was made. Termlnill
cannot guarantee th..t the damage disclosed by vlsuallnspectlon of the premises shown above represents the entirety of the damage whICh may exist as
of the date of the Initial control application. Teri1llnlx shlill not be responsible for repalrofanyexlstlng damage Including without limitation, IIny damage
0'
which existed in areas or in structural members.which were not accessible for visual Inspection as the data of ttlis graph. If X {drcled or not) appears
on the graph, it is advisable that a qualified building expert inspect the property to determine what effect. If any, the infestation/damage has upon tile
s:tructural integrity of the property.
See Graph Legend on next page.

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 Case 1:19-cv-01089-N Document 10-1 Filed 12/31/19 Page 8 of 9 PageID #: 342

Terms and Conditions

EXISllNG DAMAGE. Tennlnlx Is not responsible tor the repair of either ylslble damage Or hidden damage existing as of the date ot tills Agreerrent or occurrIng prior to 1he Effettiw Date of this
Agreement. Damage dl5lXM!rec1 after the Effective Date of this Agreement with no verified live and active infestation present shall be deemed 10 have been caused before the date. Because dam~e
may be present In areas whIch are inaa:essible to llisuaJ inspection, Terminix does not guarantee that tile damage dISclosed on the Inspection "Graph represents all of the existing damage as of the t1ste
of this Agreement.

.--

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 Case 1:19-cv-01089-N Document 10-1 Filed 12/31/19 Page 9 of 9 PageID #: 343

8 AMERJeAN ARBlTRATION ASSOCIATION'

~ INTERNATIONAL CENTRE
~ FOR DISPUTE RESOLUTION ~

In l~CJ -h.l~~ ~G
CREDIT CARD AUTHORIZATION
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OTHER: PUBLICATIONS EDUCATION PROGRAM PANEL FEES INVOICES

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TOTAL AMOUNT TO BE CHARGED: $ a OD .Ou

CARD HOLDER INFORMATION

o VISA 0 MASTERCAR~ AMERICAN EXPRESS

CARD NUMBER: STJdr; al.k5 D 10 It/OJ q EXPIRATION DATE: """""'"~ -.9L CCV#: 5)/lp

NAME ON CARD: (Please Prin~ ~~

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CARDHOLDER'S ADDRESS: I &tl4 ~(J{ Q ."br . I
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