Bee Removal Contracts

[GDRankin]

I've read that many of the folks that do removals/cutouts have a basic contract or agreement they have the home owners sign off on before beginning any work on their property.

Since I'm down here in "Africanized" territory, I figure this may be a good thing to implement on any removal jobs I take on, be it a free or paid cutout or swarm removal job. Just a basic CYA type deal - if you know what I mean.

Does anyone have a sample of such a contract they are willing to share by chance? Or maybe someone has already posted one? I was not able to find anything in a search, so I thought I'd ask here.

Thanks,
GD

[Dallasbeek]

GD, as a retired lawyer (and one who holds some contempt for a large part of the plaintiff's bar), I suspect you're right to be concerned.  Our litigious society has led to companies labeling products with all kinds of ridiculous warnings in an attempt to avoid lawsuits, so why shouldn't someone doing cutouts protect themselves from that possibility?  I think whether free or for hire, but especially if you're being paid, you should have express permission to remove whatever structural materials are necessary to remove the bees.  You are not, after all, planning to rebuild the structure, so you'll leave a grand mess behind.  Possibly, tweaking a standard building contractor's agreement would suffice.  Talk to someone at St. Mary's University law school and see if a law student would undertake this as a project.  Then share it back here if you would, please.

[GDRankin]

Hey Dallasbeek thanks for the information and the reply!

When I didn't get an answer on here before I went on a cut-out/removal job, I did a google search and came up with a couple of examples that I was able to modify to fit my needs and use for the job.
With that said, I'm obviously not a lawyer and did not contact one to look at the agreements I found, so I'm not sure how much water the one I ended up using would hold in a court of law, but I figure it would be better than nothing and a good place to start anyway.

I actually have since been retained to do several removals from a rather large ranch down south near Laredo, so I'll be needing something solid there for sure. In fact, I modified the agreement (see below) to include boxing their bees and placing the hives in a location there on the ranch - at the customer's request of course.

Since they have over a dozen colonies in all that they are wanting to have removed from structures and boxed up in hives, I also offered to set up a maintenance contract/agreement for the hives. After the initial visit yesterday, they decided they would do the simple bi-monthly maintenance (after having me show them what would be required) and then have me come down a few times a year for anything major.

So, I'll need to come up with something simple, yet binding for both parties and will appreciate any advice or examples anyone may have for both types of agreements. Have a look at the text below and let me know if it looks like it will work as is, or needs some fine tuning?

Thanks again,
GD

I'm not sure how well this will copy and paste into this form, but here's the body of the agreement. (printed on my letterhead with name, addy etc.)

 Agreement for Relocation of Honey Bees

The owner or an authorized representative of the property where the bees are located, __________________________________ identified hereafter as the “Property Owner”, authorizes ________, identified hereafter as “The Beekeeper” below, to remove ____ colony(ies) of honey bees from the structure(s) on the property identified below. Once the colony(ies) are removed from the structure, they are to be transferred into the appropriate size hives (industry standard boxes) to accommodate the colony(ies) of bees and comb. These hives are to remain on the Property Owner’s property in a location specified by and prepared by the Property Owner, as advised by the Beekeeper as needed.
The Beekeeper will make the best effort to remove as much comb as possible from the structure(s) to ensure no honey or brood remain to attract pests or cause damage. The Beekeeper will make the best effort to remove as many honeybees from the property as possible. 100% removal of all honeybees belonging to each particular colony may not be possible because a portion of the colony may be out collecting nectar and pollen. When these bees eventually return to the hive location to find their colony missing, they usually disperse within 24-48 hours. In order to attract these residual bees away from the cavity formerly occupied by the bees and to clean out any residual honey remaining the cavity, the beekeeper may leave a beehive at the site for a day or two after the removal is complete.
The Beekeeper relieves the Property Owner of any liability should an accident occur causing injury to the Beekeeper or damage to his equipment while performing bee removal services provided such injury is not the result of the Property Owner’s negligence or deliberate act.
The Beekeeper may either disassemble the structure containing the honey bee colony or will cooperate with the Property Owner’s repairman as necessary to remove the bee colony. The Beekeeper will make the best effort to minimize damage to the structure.
The Property Owner understands that bee colony removal may require disassembly of, or damage to, parts of walls, floors, ceilings, roof, interior, exterior, tree, or other parts of the honey-bee-inhabited cavity in order to remove the honey bees and honey comb from the cavity.
The Property Owner understands that the Beekeeper will not perform repairs nor be held responsible for any repair work required resulting from the honey bee colony removal effort or from accidental damage. The Property Owner understands that all repairs are his or her responsibility. The Property Owner understands that his or her repairman performing the repairs must promptly seal up the cavity and cavity entrance properly to ensure that no other colony of honeybees will find and inhabit the same location in the future. It is the Property Owner’s sole responsibility to communicate this information to the contractor.
The Property Owner understands he or she is urged to obtain an estimate of repair costs prior to the commencement of bee removal. The Beekeeper will consult with the repairman at no charge to ensure the repairman knows what the Beekeeper expects to do.
The Property Owner understands that the bee removal process may require multiple visits to complete. The Beekeeper will make the best effort to complete the removal expeditiously.
The Property Owner understands that the bee colony, comb, and honey, once placed in appropriate hive bodies, do require periodic maintenance which will be explained by the Beekeeper. This service will be offered by the Beekeeper for an additional fee, based in the amount of hives and maintenance schedule.
The Property Owner relieves the Beekeeper of any liability should any person on or near the property receive a bee sting during or after the bee removal process and will take necessary steps to restrict access to the removal site.
The Property Owner will not apply any pesticides or other harmful substances on or near the bee colony or on any blooming plants on the property until after the Beekeeper reports that the removal work is complete.
The Property Owner has applied the following pesticides on the following approximate dates:
___________________________________________________________________
___________________________________________________________________

The Property Owner agrees to pay the Beekeeper the rate of $___ per hour while work is under way with a maximum of $_______. Payment in full is due when the relocation procedure is complete.

Name of Property Owner ______________________________________________

Property Location and Description _______________________________________
__________________________________________________________________

Property Owner Phone Number _________________________________________

Property Owner Signature ______________________________________________

Name of Beekeeper  ______________________________________________ 

Beekeeper Phone Number  ______________________________________________

Beekeeper Signature __________________________________________________

[Dallasbeek]

GD,

Okay, you've protected yourself pretty well, now I'll protect myself by saying that you should not rely on what I say here is in no way intended to give my legal opinion, since I didn't draft the agreement and therefore I am not liable for what I say and am not practicing law, since I'm on inactive status with the State Bar of Texas.

That being said, I think you've covered the bases pretty well.  You've fully informed the client of his rights and responsibilities and warned what might occur.  Since Laredo is in a heavy AHB-prone area, you might want to warn that if the hive is extremely aggressive you're required to destroy the bees, but they still must pay the fee you've agreed upon.  Some beekeepers a little farther south along the river seem to be coexisting with the AHB and I've even heard of some that like them.  Seems to me it would be too hot to wear armor full time.

[BeeMaster2]

GD,
If you might be removing AHB'S or bees that might turn out to bee AHB'S get some training first. There is a major difference in how they react and what you need to do when removing them. For one thing if the hive goes hot, you can have people getting stung that are 350 feet away and cannot even see the house you are removing them from.
At the bee college seminars here in FL, they have a class on what to do and how to properly warn the neighborhood when doing removals.
I recommend you take a class before doing one.
I have seen videos of AHB hives being worked and staying calm but that is from someone who knows the tricks to doing it.
Good luck.
Jim

[GDRankin]

Good enough Dallasbeek. I totally understand and respect your position and appreciate your feedback and take it for what it is.
Indeed guys, I have a concern about AHB removals and basic keeping in general. I attended a small general "about beekeeping" type seminar a while back, before deciding to even get my first hives, mainly to get a refresher on everything since I hadn't been around bees since I helped a couple of uncles work hives back in the 70s . . . I was pretty young.
I wasn't heavily involved even then, but do remember the uncles discussing the AHBs several years later when they started showing up in south Texas. And of course we had plenty of the "killer bee" cases that made the news and got folks talking about them.

So naturally getting to know more about AHB was at the top of my list for attending the seminal. The beekeeper said that 99% of the feral bees in our area ARE in fact AHB. I questioned that point, but he claimed that was a fact and that a good portion of his 100 (roughly) hives are AHB that he has obtained through removals.
Says he just requeens the ones he wants in his tame yard and he keeps the AHB hives in a different area.
I asked why he bothered with keeping any AHB at all and he says they have some good aspects that make it worth it to him. Such as, they produce more honey faster, are much more "critter resistant", basically stronger queens and better in his opinion.

a class on what to do and how to properly warn the neighborhood when doing (AHB) removals.
I recommend you take a class before doing one.

I'm hoping to learn more about those claims myself and would also like to find some sort of class and/or mentor in this area that has some experience with the AHB and information to share.

The guy mentioned above does offer a basic / beginner class and an advanced class for beekeeping in general. I'll check with him and see if his advanced class will cover the AHB. I'll check to see if he's willing to share (even for a fee) it will be a good place to start for sure. I'm not sure but I think he may have only been doing the removals for a few years, but a few years experience is worth something indeed.

Whether or not, he's available, more is better in many cases and I consider this to be one of them. If anyone has any other resources for learning more about AHB in this area, please let me know.

Meanwhile, I intend to isolate the removal hives until they can be requeened successfully. I haven't run across any hot hives yet, but I do realize they can change their tune pretty quick when they reach a good size. Could it be that I stumbled upon one of the tricks to working them and could have a hot hive when working them like the rest in the bee yard? Possibly so, but I do have a vented full suit I put on any time I'm working with these hives . . . at least until I see what their temperature seems to be.
Because as mentioned, the full armor, even the vented suit, gets too hot down here this time of the year. Hell, it's too hot out there in cut-offs if you can't find some shade and plenty of water.

you might want to warn that if the hive is extremely aggressive you're required to destroy the bees,

I wasn't aware of that and am wondering of that's a state wide law or if A & M regulates that or what?
I spoke with the folks at A & M on the phone when I submitted my application for a removal permit and to register my bees, but nothing was ever mentioned about destroying hot bees.
I'll definitely need to know more about that in this area. I'll also need to know the best method, since I've never destroyed a colony. I understand the fire dept has a foam of some sort, soap I suppose and that they also used car wash wax on a tree hive recently after it attacked an elderly couple.

Much to know . . . much to learn . . .
 
Thanks for the replies and input guys.
GD

[Dallasbeek]

For a mentor in the field of AHB, I'd look around Rio Grand City or thereabouts.  I've heard there are some there that actually prefer AHB for productivity.  I don't know if it's the law that you have to destroy AHB hives, but I've heard something to thst effect.  I'll check it out and get back to you. 

I have a hot hive right now and am planning to requeen.  There's always the danger of Africanized genetics where we are, but I suspect that over time it may level out.  I'm not a true believer that AHB genetics should condemn a whole line, because I suspect they have have some genetic attributes that could benefit our European bees.  Only time will tell, but I'm a little leery of condemning all AHB-genetic lines because of our fear.  They seem to be doing okay in Cenrtal and South America with the Africanized genetic lines. 

I agree, though, that people should be warned about really hot hives that could have AHB genetics.  I've even seen U-tube videos where Africanized bees followed people half a mile. 

Take care.  Be safe.  Protect yourself and others.  Enjoy beekeeping and protect the bees.

Gary

[Dallasbeek]

GD,   so far I've found the under the Texas Administrative Code, section 71.7(b)(5),


.

It is illegal to retain AHB swarms and or colonies except for approved research. All swarms observed or captured in a quarantined area should be destroyed. Beekeepers retaining AHB swarms are subject to having the Inspector seize and order the destruction, treatment or sale of the bees, equipment, pollen or honey. 71.7(b)(5).

Now the question is whether Laredo is in a quarantined area.  I have a strong hunch that it is.  Further research is needed to determine this for sure.  Note that the code says ALL swarms, not just those that prove to be Africanized.  There's a presumption that they are AHBs.  I found some good reasons for the presumption elsewhere.  I'll send links later to those sites.

This should be of interest to people in Georgia, SC, LA, etc.:  I also found some older research that seems to indicate the reason beekeepers throughout the south aren't having AHB problems.  Essentially, the theory (stress THEORY) is that where you get 55 inches of rain a year, EVENLY SPACED through the year, AHBs don't do well.  A place can get more than 55 inches a year, but NOT evenly spaced, and AHBs can thrive.  I'll send a link to that later.  Right now I'm on my iPad and can't send links -- or don't know how, maybe.  When I'm on my PC, I'll be able to send links.

Gary
.

[GDRankin]

Wow . . . great stuff there Dallasbeek / Gary!

I appreciate you taking the time to research and provide us all this info.

When I spoke with A & M about my situation (getting started doing removals) I also inquired about the process for doing a DNA test on any bees I come across to verify the genetics of the hive. (I had heard previously that a DNA test was the only to know for certain if you have AHB or what ever else.)
The gentleman I spoke with informed me that they no longer do the testing there due to, of all things, lack of funding.
This brings me to wonder if anyone or official entity is actually policing the regs of the code 71.7(b)(5) mentioned?

If nothing else, I'll check with the A & M office on Monday to see if I can get it straight from the horse's mouth, so to speak. Better safe than sorry for sure!

Thanks again,
GD

[Dallasbeek]

A&M as such has no control over it, I believe.  The state bee inspector (somewhere I saw the inspector referred to as state entomologist) may be responsible. The state bee inspector may be associated with A&M, and more than likely is, but just talking to "someone" (my term) at A&M may not get you to the right person.  I'm affiliated with A&M in a loose way as a Dallas County Master gardener, but I'm not in any way, shape or form qualified or authorized to speak for A&M or Texas AgriLife Extension Service except as a MG quoting official TAES publications.  In that way, I'm in the same position as most of the people at A&M, I guess.  That's a long way of saying find the real authority.

The reason for having to destroy all swarms in a quarantined area might be more apparent when you see the links later.  But a respected authority, Dee Lusby in Arizona, has stated (whether she stands by it now, I have no idea) that all European Honey Bees (EHBs) have some AHB genetics and have since 1935.  i've never seen that anywhere else and she seeed to be saying it's a big hoax.  If somebody knows of a retraction or revision, or if I've misquoted her, please feel free to correct me.  I've been wrong before when I shoot my mouth off without double-checking the source, but that's what I think I read in one place this morning.

[GDRankin]

lol I hear ya there Gary, I've been known to need to be corrected on more than one occasion *grins*

And in this thread, I may should have been more specific than simply stating "A & M". I did contact the Texas Apiary Inspection Dept. (for registering my bees and applying for the removal permit).
Here's a link to their main page - in case anyone is interested.

http://tais.tamu.edu/index.html

*Their cover page info here*
*********************
Welcome to the Texas Apiary Inspection Service

Texas Apiary Inspection Service (TAIS) is charged with regulating the honey bee ** industry in the State of Texas.

Statutes dealing with honey bees (including permits and certifications for movement of bees and equipment) are administered by TAIS, under the Texas AgriLife Research, a part of the Texas A&M University System.

We regulate honey bees in our state in order to maintain a healthy and viable population of honey bees to benefit pollination needs, honey production and Texas Agriculture as a whole.

Beekeeping has historically had a spot in the economic growth of rural and agricultural Texas. This strength in growth can only be maintained by careful monitoring of honey bee populations due to ever changing threats from honey bee diseases and pests. The Texas Apiary Inspection Service strives to meet these needs.
*********************

I'll try to get more info posted here as well.

Thanks again for the research and info Dallasbeek!

[Dallasbeek]

GD, did somebody come inspect anything?  How many hives do you have?  Are you doing removals to get bees or for money, or both?  Why I ask is under that TAC, the way I read it, over a certain number of hives you have to brand all your hives with ID numbers, etc.  Where do you get branding equipment to do that?
Lots of questions come to mind after reading the code.  Your question about who polices this stuff leads me to believe maybe nobody unless there's a complaint.  Somewhere else, I read about liability that these are really classified as wild animals unless they are in a hive.  Then you have all these responsibilities, but if they swarm they're wild animals.  Actually, they're feral animals, since they were imported as "domesticated".

[GDRankin]

Yeah I'm with you there Gary ... re: Lots of questions come to mind after reading the code.

No . . . no one has come for an inspection, not yet anyway.
I read all of that also and even though I'm still under the 12 hive requirement for inspection, I expect I'll reach that number before the end of the summer.
I have eight as of now, but it's not out of the question to get another five or six more in the near future. I suppose I'll have to request an inspection and pay the associated fees for their travel and time. I may as well get started with branding soon as well. I have been documenting everything and marking the frames as I go, so that should help.

I'm doing the removals for both, the bees and a reasonable fee. I charge basically to cover expenses and also a little for my time, but also to help save some bees. I've had a couple that were referred to me through friends that know I like bees and because the other option was an exterminator. Those that know me know I'd rather not see bees exterminated, so I get to save a few bees and add them to my yard.

I'm happy to have more bees to work with and learn about, and so far the removals have been really mild bees, so I'm not sure about the "majority of feral bees being AHB" in this area. But just in case, I'm also interested in raising queens to use on the removals, just to be safe. So that's another $300 for the A & M kitty (if I ever decide to get to the point of selling them). Who said this was going to be cheap? lol

I've looked at the branding gear from Mann Lake and may need to make a move in that direction soon. I'm starting to get a long list of questions to ask the folks over at TAMU, but it's all good. The last call I made was more than helpful and very positive, so I'm confident the next will be as well.

I think they are happy to see more people getting involved with beekeeping and seem very willing to help. I suppose it's just a matter of making sure I'm following the rules of the road and keeping safety a priority for all parties concerned.

[D Semple]

 I like your contract, think I'll incorporate it to a second page of the written quote I already give if you don't mind?

If we ever get Africanized bees up here though I'm quitting the removals, I'm just not that tough.


Don

[GDRankin]

Thanks Don and sure, that's fine by me. I actually borrowed the bulk of my agreement from someone else, then modified it to fit my needs. So it's share and share alike :)

As far as the regs on quarantines and AHB removals needing to be destroyed on location, I spoke with Mr. Bill Baxter, Assistant Chief Apiary Inspector, this morning and was informed they lifted the quarantine several years ago and no longer regulate the AHB here in Texas.

As far as the reg on having over 12 hives in your yard (here in Texas) the inspection is not mandatory, but rather only done at the request of the beekeeper. And of course there is a fee and application process.

I hope that helps clear up a couple of the gray areas for all of us Texan beekeepers.

Thanks again for all the input into the discussion guys!
GD

[Dallasbeek]

Well, it's nice to know the Aggies have decided to just give up in the face of the inevitable, leaving us to determine for ourselves what to do about AHBs :hissyfit:  It would have been nicer still if they had told someone.  All the stuff I was able to find on the internet mentioned quarantines and mandatory destruction, etc.  Thank you for letting the rest of us Texan beekeepers know the real scoop on this, inspections and the rest. 

Gary

[GDRankin]

No problem Gary and thank you for the time in researching the details on this stuff. It's nuts that they don't have an updated version posted, but that's just the way of things I suppose.
And as far as the are concerned on the AHBs, the man said, "feel free to keep as hot of bees as you are brave enough to work".
So there you have it . . . straight from the Aggie's mouth. lol
Obviously I'll still be using as many precautions as possible and advising my customers to do the same. But as you mentioned you found info before and Mr. Baxter basically confirmed (about the feral bees in this area now), they are most likely all going to have some AHB genetics in their lines. That was his response to my question about what I was told in the seminar I attended - re: over 99% of the feral hives being AHB.

Hopefully that clears a few things up anyway. I don't know if I should still consider putting out any neighborhood notices when doing removals or not. I think it may be best to take that on a case by case basis. Meaning, if I go look at a job and the bees seem nasty, I think it'd be wise to at least let the neighbors know before I start in on the removal process.

I'll still look into the possibility of finding someone with more AHB experience and hopefully getting some tips and maybe even learning some tricks of the trade.

Thanks again,
GD