Rocky's Cane Toad and Iguana Management, LLC
This document was drafted in the style of a formal commercial services agreement, addressing the specific risk areas the Company asked to be covered — the use of air-powered weapons in the course of invasive species control, and the fact that removal services cannot be guaranteed to be complete or permanent. It is written to reflect general principles of Florida law and current Florida Fish and Wildlife Conservation Commission ("FWC") guidance as of the effective date above. It is not a substitute for review by a licensed Florida attorney, and the Company should have counsel confirm, before publication, (a) the discharge ordinances of each specific municipality or county in which services are performed, (b) the Company's insurance and bonding, and (c) any applicable state or local licensing requirements (including nuisance wildlife trapper permitting) before relying on this document with customers.
These Terms and Conditions ("Terms") govern all services provided by Rocky's Cane Toad and Iguana Management, LLC, a Florida limited liability company (the "Company," "we," "us," or "our"), to any individual, homeowners' association, property manager, or business entity that engages the Company (the "Client," "you," or "your") for the inspection, trapping, removal, control, or population management of green iguanas, cane toads (Bufo toads), and related invasive nonnative species (collectively, the "Services"). By requesting, scheduling, or accepting the Services, the Client agrees to be bound by these Terms in full. If the Client does not agree to these Terms, the Client should not engage the Company's Services.
The Company provides invasive species management services targeting green iguanas (Iguana iguana) and cane toads (Rhinella marina), both of which are classified by the FWC as nonnative, invasive species that are not protected under Florida wildlife law except by the state's general anti-cruelty statutes. Consistent with FWC guidance, these species may be humanely captured or euthanized on private property year-round with the permission of the landowner, and captured animals may not be relocated or released elsewhere. The Company's methods differ by species: cane toads are hand-captured and/or netted and transported off the property for humane disposition, while green iguanas may, in addition to hand capture, trapping, and netting, be humanely dispatched using air-powered pellet or pneumatic rifles ("airguns") in accordance with accepted wildlife-control practice. Airguns are not used on cane toads. See Section 4 below for full detail on species-specific methods and related safety terms.
This is the single most important provision of these Terms, and the Client should read it carefully before scheduling Services.
The Company strives, in good faith and using commercially reasonable and industry-accepted methods, to eliminate or substantially reduce iguana and cane toad populations on the Client's property. However, the Client expressly acknowledges and agrees that:
The Services are sold and understood by the parties as a population management and reduction service, not as a warranty of an iguana-free or cane-toad-free property. Any statements by Company personnel regarding anticipated results are estimates only and do not constitute a guarantee. Follow-up visits, if offered, are governed by the specific service plan or invoice provided to the Client and are not implied by these Terms.
Cane toads are addressed exclusively by hand capture and/or netting. Airguns are never used on cane toads. Consistent with FWC guidance that captured cane toads may not be relocated or released into the wild, animals captured on the Client's property are removed from the property by the Company and transported off-site for humane disposition in accordance with applicable FWC guidelines; they are not released at another location.
Where legally permitted and where site conditions reasonably allow, the Company's technicians may use airguns (pellet or pneumatic rifles) as a humane control method exclusively for green iguanas, consistent with wildlife-management practice for that species. Airguns are used only by trained personnel and only when the technician has visually confirmed a safe backstop and a clear line of fire.
Under Florida law, an airgun that propels a projectile by means of gas or compressed air, rather than an explosive charge, is generally not classified as a "firearm" for purposes of the state statute governing discharge of firearms in residential areas. This distinction does not mean airgun use is unregulated everywhere in Southwest Florida. Numerous counties and municipalities have their own ordinances restricting or conditioning the discharge of air rifles, pellet guns, or similar devices within city or county limits, on lot sizes below a stated minimum, or within a stated distance of another dwelling. The Client is responsible for disclosing to the Company any known local ordinance, deed restriction, or homeowners' association rule applicable to the property, and the Company reserves the right to decline to use an airgun, or to use an alternative method, on any property where it reasonably believes discharge would violate local law or restriction.
Many communities in Southwest Florida — including homeowners' associations, condominium associations, and other deed-restricted communities — maintain their own rules restricting or prohibiting the discharge of air rifles, pellet guns, or similar devices within the community, independent of and in addition to any county or municipal ordinance. As a condition of the Company's use of an airgun on the Client's property, the Client represents and warrants that:
The Company is entitled to rely on the Client's representation under this Section 4.4 without independent investigation. The Company reserves the right to decline to use an airgun, to require written proof of the release described above before proceeding, or to substitute hand capture, trapping, or netting for iguana control, at its sole discretion, on any property where the Client has not confirmed the absence of a restriction or provided the required release. Any claim, fine, violation, or association enforcement action arising from airgun use on the property, to the extent it results from the Client's representation under this Section 4.4 being inaccurate or incomplete, is subject to the indemnification obligation in Section 7.
The Client acknowledges that the use of an airgun, like any projectile-based tool, carries inherent risks that cannot be entirely eliminated even with trained personnel and reasonable safety precautions, including but not limited to: pellet ricochet or deflection off of hard, rounded, textured, or unexpected surfaces (including roof tile, stucco, pool cages, screens, glass, and hardscape); projectile travel beyond the intended target or backstop; and the potential for property damage to screens, pool enclosures, vehicles, windows, siding, landscaping, or other personal property in the vicinity of the treatment area.
To reduce these risks, the Client agrees to, before the scheduled Service:
Subject to Section 6 below, by engaging the Services the Client knowingly and voluntarily assumes the risks described in this Section 4 that are inherent to airgun-based iguana control and that are not the result of the Company's gross negligence or willful misconduct.
The Client represents and warrants that the Client is the owner of the property where Services are to be performed, or is an authorized agent of the owner (including a property manager or a duly authorized officer of a homeowners' or condominium association) with actual authority to grant the Company permission to enter the property and to capture, remove, or humanely euthanize iguanas and cane toads on it. The Client further represents that, to the Client's knowledge, performance of the Services will not violate any deed restriction, condominium or HOA governing document, or lease. The Company is entitled to rely on the Client's representations under this Section without independent investigation.
To the fullest extent permitted by Florida law, the Company's total liability to the Client arising out of or relating to the Services, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the total amount paid by the Client to the Company for the specific service visit giving rise to the claim. In no event shall the Company be liable for indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, diminution in property value, or emotional distress, even if the Company has been advised of the possibility of such damages. Nothing in these Terms limits liability for damages caused by the Company's gross negligence, willful misconduct, or as otherwise prohibited from being limited under applicable Florida law.
The Client agrees to indemnify, defend, and hold harmless the Company, its owners, employees, and contractors from and against any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of (a) the Client's breach of the representations in Section 5, (b) the Client's breach of the representations in Section 4.4 regarding HOA, condominium, or community restrictions on airgun use, (c) the Client's failure to disclose information reasonably requested under Section 4.6, or (d) injury to any third party, pet, or property caused by the Client's own acts or omissions during the course of a service visit.
Except as expressly stated in a written service plan or invoice, the Services are provided "as is" and the Company disclaims all other warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, to the fullest extent permitted by law.
The Company maintains general liability insurance in the amounts stated in its current certificate of insurance, available to the Client upon request. Nothing in these Terms shall be construed to expand coverage beyond the terms of that policy.
Payment terms, service frequency, and pricing are as set forth in the applicable invoice, estimate, or service agreement provided to the Client, which is incorporated into these Terms by reference. The Company may reschedule a visit due to weather, safety conditions (including active storms, flooding, or unsafe footing), or circumstances beyond its reasonable control, without liability for the delay.
The Company shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including severe weather, natural disaster, governmental action, or other event of force majeure.
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Lee or Collier County, Florida, and the parties consent to the personal jurisdiction of those courts.
If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.
These Terms, together with any applicable invoice or service agreement, constitute the entire agreement between the parties regarding the Services and supersede all prior understandings. The Company may update these Terms from time to time by posting a revised version, with the effective date noted above; continued use of the Services after such posting constitutes acceptance of the revised Terms.
Rocky's Cane Toad and Iguana Management, LLC
14462 Tuscany Pointe Trail, Naples Florida 34120.
(239) 922-5992
Chris@iguanaswfl.com
If you have questions about any provision in these Terms and Conditions, we're happy to walk through them with you.
