Retardant Application
Service Terms & Conditions

1. Retardant Application Services

Matador Fire agrees to provide the Retardant Application Services selected by the Client in the Order Form. These services may include Perimeter Defense, Attic Defense, Structural Defense, or Home Exterior Defense applications. Every application includes an initial assessment, professional application by trained technicians, and post-application verification.

2. Service Term & Auto-Renewal

The term for any recurring service (Perimeter Defense and Home Exterior Defense) begins on the date of the first application and continues for one (1) year (“Initial Term”). As detailed in the Order Form, the Client understands and agrees that this Agreement for recurring Retardant Application Services will automatically renew for successive one (1) year terms unless the Client provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term. The Client will be sent a renewal reminder notice between fifteen (15) and forty-five (45) days prior to the renewal date, as required by California law. The term for one-time services (Attic & Structural Defense) is considered complete upon Matador Fire's completion of the application service.

3. Fees and Payment

Client agrees to pay all fees as detailed in the Order Form. All initial service costs are due at the time of signing the Order Form. Future services, such as the second application in a twice-yearly plan, will be billed upon completion unless they have been prepaid. Late payments are subject to a fee of $50 or 1.5% of the outstanding balance, whichever is greater. Client is responsible for all costs incurred by Matador Fire in collecting any overdue amounts.

4. Scheduling

Matador Fire will provide at least fifteen (15) days' notice to schedule each service application. Matador Fire operates with two primary spraying seasons for recurring applications: April through June and July through September. A $250 fee will be assessed if a confirmed service visit is rescheduled by the Client with less than forty-eight (48) hours' notice or if personnel are unable to access the service area at the scheduled time.

5. Client Responsibilities

To ensure a safe and effective service, the Client agrees to:

• a. Provide Access: Grant Matador Fire personnel clear and safe access to the Property and all areas designated for treatment.
• b. Disclose Hazards: Inform Matador Fire of any potential hazards on the Property prior to the service date.
• c. Disclose Property Changes & Sensitive Surfaces: Inform Matador Fire of significant changes to the Property and identify any sensitive, high-value, or specialty surfaces that must be excluded from treatment. Matador Fire is not responsible for effects on surfaces not previously disclosed by the Client.

6. Acknowledgement of Risks & Plain Language Disclaimer

Client understands that fire retardant is a tool to slow or reduce the spread of wildfire across treated surfaces. It is not a fire shield and will not prevent all fire scenarios. For example, if embers enter the home through a window, vent, or other opening, interior ignition may occur, and no exterior retardant can stop that. The Service is designed to reduce risk, not eliminate it, and Matador Fire makes no guarantee of complete protection. Client acknowledges that the effectiveness of fire retardant is dependent on factors beyond Matador Fire's control, including wildfire intensity and extreme weather. Client assumes all risks associated with the application.

7. Disclaimer of Warranty

Matador Fire warrants that all Retardant Application Services will be performed in a professional and workmanlike manner. EXCEPT FOR THIS EXPRESS WARRANTY, MATADOR FIRE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DISCLAIMED.

8. Termination

For recurring services, the Client may stop the service from renewing by providing written notice at least thirty (30) days before the end of the annual term. One-time services may be cancelled with at least forty-eight (48) hours' notice before the scheduled date, subject to a service fee. Matador Fire may terminate this Agreement immediately for the Client's non-payment or material breach of this Agreement.

9. Limitation of Liability and Indemnification

a. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, MATADOR FIRE'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY THE CLIENT FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

b. Indemnification: Client agrees to indemnify, defend, and hold harmless Matador Fire from any and all claims or liabilities arising from the Client's breach of this Agreement or negligence. Client further agrees to indemnify Matador Fire from any claims resulting from fire retardant application on undisclosed or sensitive surfaces.

10. Force Majeure

Matador Fire shall not be held liable for failure to perform its obligations due to causes beyond its reasonable control, including but not limited to, acts of God, wildfires, earthquakes, extreme weather events (including wind gusts exceeding 58 miles per hour), or government actions.

11. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the State of California. Any dispute shall be resolved through binding arbitration in Los Angeles County, California.

12. Assignment of Service

This Agreement may be assigned by the Client to a new property owner subject to Matador Fire's written consent. Matador Fire may assign its rights and obligations to a qualified service provider.

13. Entire Agreement

This Agreement, comprised of the Order Form and these Terms, constitutes the entire agreement between the Parties. These Terms may be updated by Matador Fire, and the version in effect at the time of renewal will apply to the renewal term.