This is an Agreement between you, the undersigned Client, and us, the Inspector, pertaining to our inspection of the building at:
__________________________________________________________________________________________.      The    terms    below    govern    this
1. The fee for our inspection is $__________, payable [in full / in part at $ _______________] at a time [before / after] the appointment.
2.   We   will   perform   a   visual   inspection   of   the   building   and   provide   you   with   a   written   report   identifying   the   defects   that   we   (1)   observed   and   (2)
deemed material. The report is only supplementary to the seller’s disclosure.
3.   Unless   otherwise   noted   in   this Agreement   or   not   possible,   we   will   perform   the   inspection   in   accordance   with   the   current   International   Standards
of   Practice   for   Inspecting   Commercial   Properties   (ComSOP)   of   the   International   Association   of   Certified   Home   Inspectors   (InterNACHI)   and   the
Certified   Commercial   Property   Inspectors   Association   (CCPIA).   If   your   jurisdiction   has   adopted   mandatory   standards   that   differ   from   InterNACHI-
CCPIA’s   ComSOP,   we   will   perform   the   inspection   in   accordance   with   your   jurisdiction’s   standards.     You   understand   that   InterNACHI-CCPIA’s
ComSOP   contains   limitations,   exceptions,   and   exclusions.   You   understand   that   neither   InterNACHI   nor   CCPIA   is   a   party   to   this Agreement,   has   no
control over us, and does not employ or supervise us.
4.   Unless   otherwise   indicated   in   writing,   we   will   not   test   for   the   presence   of   radon,   a   harmful   gas.     Unless   otherwise   indicated   in   writing,   we   will   not
test   for   mold.     Unless   otherwise   indicated   in   writing,   we   will   not   test   for   compliance   with   applicable   building   codes   or   for   the   presence   of   or   for   any
potential   dangers   arising   from   the   presence   of   asbestos,   lead   paint,   soil   contamination,   or   other   environmental   hazards   or   violations.     If   any
structure   you   want   us   to   inspect   is   a   log   structure   or   includes   log   construction,   you   understand   that   such   structures   have   unique   characteristics   that
may   make   it   impossible   for   us   to   inspect   and   evaluate   them.     Therefore,   the   scope   of   our   inspection   will   not   include   decay   of   the   interior   of   logs   in
log walls, log foundations or roofs, or similar defects.
5.   Our   inspection   and   report   are   for   your   use   only.   You   must   give   us   permission   to   discuss   our   observations   with   real   estate   agents,   owners,   repair
persons,   or   other   interested   parties.   You   will   be   the   sole   owner   of   the   report   and   all   rights   to   it.     We   are   not   responsible   for   its   use   or
misinterpretation   by   third   parties,   and   third   parties   who   rely   on   it   in   any   way   do   so   at   their   own   risk   and   release   us   (including   employees   and
business   entities)   from   any   liability   whatsoever.   If   you   or   any   person   acting   on   your   behalf   provide   the   report   to   a   third   party   who   then   sues   you
and/or   us,   you   release   us   from   any   liability   and   agree   to   pay   our   costs   and   legal   fees   in   defending   any   action   naming   us.   Our   inspection   and   report
are   in   no   way   a   guarantee   or   warranty,   express   or   implied,   regarding   the   future   use,   operability,   habitability   or   suitability   of   the   building   or   its
components. We disclaim all warranties, express or implied, to the fullest extent allowed by law.
6.   LIMITATION   ON   LIABILITY AND   DAMAGES.     We   assume   no   liability   for   the   cost   of   repair   or   replacement   of   unreported   defects,   either   current   or
arising   in   the   future.   In   all   cases,   our   liability   is   limited   to   liquidated   damages   in   an   amount   not   greater   than   1.5   times   the   fee   you   paid   us.     You
waive   any   claim   for   consequential,   exemplary,   special   or   incidental   damages,   or   for   the   loss   of   the   use   of   the   building.   You   acknowledge   that   these
liquidated   damages   are   not   a   penalty,   but   that   we   intend   them   to:   (i)   reflect   the   fact   that   actual   damages   may   be   difficult   or   impractical   to   ascertain;
(ii)   allocate   risk   between   us;   and   (iii)   enable   us   to   perform   the   inspection   for   the   agreed-upon   fee.   If   you   wish   to   eliminate   this   liquidated   damages
provision, we are willing to perform the inspection for an increased fee of $_________, payable in advance.
7.   We   do   not   perform   engineering,   architectural,   plumbing,   or   any   other   job   function   requiring   an   occupational   license   in   the   jurisdiction   where   the
building   is   located.     If   we   hold   a   valid   occupational   license,   we   may   inform   you   of   this   and   you   may   hire   us   to   perform   additional   functions.   Any
agreement for such additional services shall be in a separate writing.
8.   If   you   believe   you   have   a   claim   against   us,   you   agree   to   provide   us   with   the   following:   (1)   written   notification   of   your   claim   within   seven   days   of
discovery,   in   sufficient   detail   and   with   sufficient   supporting   documents   that   we   can   evaluate   it;   and   (2)   immediate   access   to   the   premises.     Failure   to
comply with these conditions releases us from liability.
9.   You   agree   that   the   exclusive   venue   for   any   litigation   arising   out   of   this   Agreement   shall   be   in   the   county   where   we   have   our   principal   place   of
business.     If   you   fail   to   prove   any   claim   against   us,   you   agree   to   pay   all   our   legal   costs,   expenses   and   attorney’s   fees   incurred   in   defending   that
claim. You   agree   that   the   exclusive   venue   for   any   legal   action   against   InterNACHI-CCPIA   or   Pro1   Certified   Inspections   itself,   allegedly   arising   out   of
this Agreement   or   our   membership   in   InterNACHI-CCPIA,   will   be   in   Orange   County,   California.     Before   bringing   any   such   action,   you   must   provide
InterNACHI-CCPIA   with   30   days’   written   notice   of   the   nature   of   the   claim,   in   sufficient   detail   and   with   sufficient   supporting   documents   that
InterNACHI / Pro1 Certified Inspections can evaluate it. In any action against us or InterNACHI-CCPIA, you waive trial by jury.
10.   If   a   court   declares   any   provision   of   this   Agreement   invalid,   the   remaining   provisions   remain   in   effect.     This   Agreement   represents   our   entire
agreement;   there   are   no   terms   other   than   those   set   forth   herein.   All   prior   discussions   are   merged   into   this Agreement.     No   statement   or   promise   by
us   shall   be   binding   unless   reduced   to   writing   and   signed   by   one   of   our   authorized   officers.     Any   modification   of   this   Agreement   must   be   in   writing
and   signed   by   you   and   by   one   of   our   authorized   officers.   This   Agreement   shall   be   binding   upon   and   enforceable   by   the   parties   and   their   heirs,
executors, administrators, successors and assignees. You will have no cause of action against us after one year from the date of the inspection.
11.   Past-due   fees   for   your   inspection   shall   accrue   interest   at   8%   per   year.   You   agree   to   pay   all   costs   and   attorney’s   fees   we   incur   in   collecting   the
fees   owed   to   us.     If   the   Client   is   a   corporation,   LLC,   or   similar   entity,   you   represent   that   the   entity   is   solvent   and   has   the   present   ability   and   intent   to
pay pursuant to this Agreement. The person signing for the entity personally guarantees payment of all fees owed to us.
12. If you request a re-inspection, the re-inspection is subject to the terms of this Agreement.
13. You may not assign this Agreement.
14.   If   a   court   finds   any   term   of   this   Agreement   ambiguous   or   requiring   judicial   interpretation,   the   court   shall   not   construe   that   term   against   us   by
reason   of   the   rule   that   any   ambiguity   in   a   document   is   construed   against   the   party   drafting   it.     You   had   the   opportunity   to   consult   qualified   counsel
before signing this.
15. If there is more than one Client, you are signing on behalf of all of them, and you represent that you are authorized to do so.
16. If you would like a large-print version of this Agreement before signing it, you may request one by emailing us.
We   contract   with   a   third   party   to   store   certain   information   online,   such   as   our   inspection   reports,   and   the   identity   of   our   clients.     In   signing   our
Agreement,   you   give   us   permission   to   do   so.     We   will   not   sell   your   personally   identifying   information.     It   is   the   duty   of   the   third   party   we   contract   with
to   keep   your   information   secure.     We   are   not   liable   for   any   misuse   of   that   information   or   their   failure   to   safeguard   it.     In   that   event,   your   sole   remedy
is against that third party.
2019 Pro1 Certified Inspections LLC