COMPOST QUEEN PBC

SERVICE AGREEMENT; ORGANIC WASTE
Collection Service Agreement

Terms And Conditions

1. SERVICES RENDERED; ORGANIC WASTE MATERIALS.
   The authorized signature of this Agreement (herein “Customer”) grants Compost Queen PBC (herein “Company”) the exclusive right to collect and recycle all of Customer’s Organic Waste Materials in containers provided by Company. Customer represents and warrants that materials placed for collection shall be limited to approved “Organic Materials” as defined herein. For purposes of this Agreement, “Organic Waste Materials” means all non-hazardous food scraps, animal bones, cooked meat, and dairy products, excluding fry oils, grease, compostable packaging, or any other non-compostable, hazardous, or prohibited material.

Customer shall not place contaminated or non-accepted materials in the containers. Company reserves the right to assess contamination surcharges or refuse collection if such materials are present. An up-to-date list of acceptable materials can be found at https://compostqueenfc.com/compostable-items/.

2. TERM.
   The initial term (“Term”) of this Agreement is one (1) month from the date of acceptance. This Agreement shall continue thereafter on a month-to-month basis unless terminated as provided herein.

• Customer Termination: Customer may terminate this Agreement at any time, effective as of the next scheduled service date, by providing written notice to the Company. Customer shall return all Company-owned service containers on or before the final service date and shall remain responsible for all service charges accrued through the effective date of termination. Charges shall be pro-rated through the next scheduled service date. Any services prepaid but not rendered before the final service date shall not be refunded.

• Company Termination: Company may terminate this Agreement at any time for Customer’s breach, non-payment, contamination of materials, or failure to comply with access and equipment requirements. Company may also terminate for convenience with thirty (30) days’ written notice.

3. SERVICES GUARANTY.
   In the event of a missed collection, Customer shall provide written notice to Company. If the missed service is not remedied within five (5) business days, Customer’s sole remedy shall be a credit equal to the missed service charge.
4. CHARGES; PAYMENTS; ADJUSTMENTS.
   A non-refundable sign-up fee is required at the start of new service.

Customer shall pay for services and/or equipment within fourteen (14) days of the Company’s invoice date. A service charge of 1.5% per month (18% per annum), or the maximum rate permitted by law, will apply to past due balances.

Company may increase charges to account for: (a) increases in disposal, fuel, or transportation costs; (b) changes in the composition or average weight of materials; (c) uncontrollable circumstances, including changes in law, imposition of fees or surcharges, or weather-related events; or (d) annual adjustments tied to the Consumer Price Index for the relevant region. Changes must be communicated in writing with 30 days’ notice to Customer.

5. CHANGES.
   Changes in the frequency of collection service, schedule, number, capacity and/or type of equipment may be agreed to orally, in writing, or by the actions and practices of the parties.
6. EQUIPMENT, ACCESS.
   All equipment furnished by Company remains Company property. Customer assumes care, custody, and control of equipment while on site and is responsible for loss, contamination, misuse, vandalism, or damage to such equipment. Customer shall not overload, move, or alter the equipment and shall use it only for its intended purpose. At termination of this Agreement, Customer shall return the equipment in good condition, normal wear and tear excepted.

Each Customer is entitled to one complimentary replacement container during the lifetime of their service. Additional replacement containers will be billed to Customer’s account at Company’s then-current rates.

Customer shall provide unobstructed access to equipment on scheduled collection days. Failure to do so may result in additional fees. Customer warrants that all rights-of-way are sufficient to bear the weight of Company vehicles. Company shall not be responsible for damage to pavement, subsurface, curbing, or property except where caused by Company’s gross negligence.

7. LIQUIDATED DAMAGES.
   If Customer terminates this Agreement without the required notice, Customer shall pay one (1) month’s average service charge as liquidated damages, in addition to any amounts due. The parties agree that such damages are reasonable in light of anticipated losses and are not a penalty. Neither party shall be liable for incidental, consequential, or punitive damages.
8. INDEMNITY.
   Each party shall indemnify, defend, and hold harmless the other from and against claims, damages, liabilities, or expenses, including reasonable attorney fees, arising from bodily injury, property damage, or violations of law to the extent caused by that party’s negligence, misconduct, or breach of this Agreement. Neither party shall be required to indemnify for the other’s sole negligence.
9. MISCELLANEOUS.
   (a) Neither party shall be in default for failure to perform caused by events beyond its reasonable control, including but not limited to strikes, riots, governmental orders, fires, severe weather, or Acts of God. The Company reserves the right to adjust collection schedules, including service delays or holiday modifications, with written notice to Customer. In the event the Company successfully enforces its rights under this Agreement against Customer, Customer shall be responsible for all reasonable attorneys’ fees, court costs, and other expenses incurred by the Company.
   (b) This Agreement is binding upon and inures to the benefit of the parties and their lawful successors and assigns. Customer may not assign this Agreement without Company’s written consent.
   (c) This Agreement represents the entire agreement between the parties and supersedes any prior oral or written understandings.
   (d) This Agreement shall be governed by the laws of the State of Colorado.
   (e) All notices may be provided by certified mail, return receipt requested, or by email to the addresses designated by the parties.
   (f) If any provision is held invalid, the remaining provisions shall remain in full force and effect.
10. DISPUTE RESOLUTION.
    Any dispute arising under this Agreement shall first be subject to good faith negotiation. If unresolved, the dispute shall be submitted to binding arbitration in Larimer County, Colorado.
11. INSURANCE.
    Company shall maintain general liability insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 aggregate during the Term of this Agreement.
12. GOLD MEMBER STATUS.
    Gold Member status is reserved exclusively for Customers who were enrolled in Compost Queen services prior to September 25, 2025. Gold Members shall receive a 25% discount on materials purchased through the Company’s shop page for the duration of their active membership. No other discounts or reductions in service charges apply. Gold Member benefits are non-transferable and terminate immediately upon cancellation of services.
13. SEVERABILITY.
    If any provision of this Agreement is deemed unenforceable, such provision shall be severed and the remainder shall remain valid.
14. MEMBER BENEFITS.
    Active Customers are entitled to receive up to one cubic foot of finished compost, twice per calendar year, during designated Member Appreciation Days. Distribution is subject to space and supply availability, and Customers must RSVP in advance to receive the benefit. Complimentary compost is provided only to active members as of the scheduled Member Appreciation Day dates. Service skipped through the online portal or via text message prior to midnight the day before will be credited $5. 
15. PRIVACY AND DATA USE

    Customer information collected by the Company in connection with this Agreement may be used for internal purposes, including but not limited to evaluating compost operations, improving service efficiency, and industry-level reporting. Company will not sell or share individual Customer data for marketing purposes. All data will be aggregated or anonymized before being used for external reporting, unless Customer provides explicit consent.

Acceptance
By accepting these terms digitally, I agree to all the conditions stated above.