In order to reduce contact, when you book your appointment, you agree to Guardian Disinfect Service Agreement.
GUARDIAN DISINFECT, LLC SERVICE AGREEMENT
Service Agreement by and between GUARDIAN DISINFECT, LLC a Colorado limited liability company (“Guardian”) and (the “Customer”)
I. SERVICES OFFERED
Guardian provides residential and commercial disinfectant fogging services to eliminate contaminants found in your home or business reducing the threat of disease transmission. The processes and protocols followed by Guardian are described on our website at www.guardiandisinfect.com. Please refer to the website for the most up-to-date information regarding our services as procedures and protocols may change as additional research may lead to other practices and protocols as to the control of such pathogens including the coronavirus disease known as COVID-19. The following Agreement reflects the basis for the provision of services.
Section 1. Providing of Services by Guardian. Guardian shall provide disinfection services for the property located at the address set forth above using an Electrostatic Fogger which is a UVL (Ultra Low Volume) fogging process that generates a fog of ULV droplets between 5-50 microns in diameter to tackle and kill pathogens, vector carriers and viruses (the “Service”). The product is approved by the EPA for use against SARS-CoV-2, the coronavirus that causes the Coronavirus Disease 2019 (COVID-19).
Section 2. Payment. Customer agrees to pay Guardian for the Service outlined herein, based upon a price per square foot. For properties under 10,000 square feet, the price is ten cents ($.10) per square foot, with a two hundred dollar ($200.00) minimum charge. For properties over 10,000 square feet, the price is eight cents ($.08) per square foot. Price may vary based on agreement between parties. Payment is due upon receipt unless otherwise agreed upon.
Section 3. Term. Should Customer select the recurring Service, this Agreement shall continue on a month to month basis and will renew automatically, unless Guardian terminates the agreement or Customer notifies Guardian in writing or email at info@Guardian.com of its decision to terminate this Agreement. Customer must provide thirty days written notice to Guardian in order to avoid billing of additional fees for the next month’s term to Customer’s account. All prices are listed in U.S. dollars.
Section 4. Termination by Guardian. Guardian reserves the right to terminate this Agreement for any reason whatsoever with thirty days written notice to Customer. Guardian reserves the right to modify or discontinue its Service, or any portion thereof.
Section 5. Termination by Customer. Customer may terminate this Agreement upon thirty days written notice to Guardian. The provisions set forth in paragraphs blank to blank, in this Agreement shall survive the termination of this Agreement.
Section 6. Limitations on Liability. This Service is designed to disinfect enclosed areas and surfaces using the most effective commercially recommended products and processes for disinfection (which may change from time to time when new advances are achieved). Because of the novelty of COVID-19 and the fact that new information is learned and released daily concerning the characteristics of COVID-19, Guardian cannot and does not not guarantee the eradication of COVID-19 and no express or implied warranties have been made. This disclaimer of warranties includes, but is not limited to, no warranties that COVID-19 or other communicable diseases will be eliminated due to Guardian’s Service and Customer assumes the risk of contracting such diseases at all times, including after the Service of Guardian.
Therefore, Customer waives and releases Guardian from all actions, claims, damages, obligations, and liabilities (of any kind or nature) without regard to amount, arising out of, or relating in any way to, the Service. This includes releasing and waiving any claims against Guardian for: (1) actual or alleged negligence; (2) any actual or alleged failure to act reasonably; (3) actual or alleged failure to comply with any statute, ordinance, rule, regulation, or other governmental mandate, including but not limited to the Colorado Premises Liability Act (C.R.S. §13-21-115, as may be amended). Nothing in this Agreement shall be construed as a waiver of any claim arising from the intentional, willful and wanton, or reckless conduct of Guardian or Customer. Customer agrees there is no discrepancy in bargaining power between Guardian and Customer which would operate to nullify, limit, or otherwise invalidate the release of liability or other terms of this Agreement. Should any part of this Agreementd be found to be unenforceable, in no event shall Guardian be liable to Customer for any type of loss or any claim, demand, or cause of action arising from or relating in any way to the Service in an amount greater than $500.00 (Five Hundred Dollars and No Cents). Venue for any claim found to be outside of the scope of the release provided herein shall be exclusively in the District Court for Douglas County, Colorado, and Customer waives the right to any jury.
Customer assumes all risk of damage, loss, or injury Customer may suffer due to exposure to airborne or other communicable diseases,
Section 7. Attorney’s Fees. In the event of any litigation arising out of or relating to this Agreement or the Service, in the event Guardian prevails, Guardian shall be entitled to recover all reasonable costs and attorney’s fees. Should Customer prevail, Customer shall nevertheless NOT be entitled to recover attorney fees (and costs?)
Section 8. Construction. This Agreement shall be governed by the laws of the State of Colorado and shall be construed in accordance therewith.
Section 9. Binding Effect. This Agreement shall be binding upon the parties, their heirs, legal representatives, successors or assigns. The parties agree to do any and all things necessary to effectuate the purposes of this Agreement.
 The product meets the EPA’s emerging pathogen requirements for viruses showing efficacy against envelope and non-envelope virus, both large and small. According to current research, the product used kills 99.9% of bacteria and viruses, kills fungus, mold, and mildew at the source and inhibits growth, sanitizes 99.999% of bacteria treated including those found on food-contact surfaces (with no rinse required) and eliminates odor at a molecular level of any pathogens.