COMMERCIAL BUILDING WALK-THROUGH AGREEMENT
This is an Agreement between you, the undersigned Client, and us, the Inspector, pertaining to our Walk-Through of the Building at:
_____________________________________________________________________________________.
The terms below govern this Agreement.
1.
The
fee
for
our
Walk-Through
is
$________________,
payable
[in
full
/
in
part
at
$
________________]
at
a
time
[before
/
after]
the
Walk-
Through.
2.
We
will
perform
a
visual
Walk-Through
of
the
home/building
and
provide
you
with
oral
comments
summarizing
our
observations.
A
WALK-
THROUGH
IS
NOT
A
COMMERCIAL
BUILDING
INSPECTION.
We
will
NOT
follow
the
International
Standards
of
Practice
for
Inspecting
Commercial
Properties
(ComSOP),
or
any
state
laws
pertaining
to
building
inspections.
Our
comments
will
be
nothing
more
than
a
subjective
summary
of
our
initial
observations
during
the
Walk-Through.
You
may
hire
us
to
perform
a
commercial
building
inspection
by
signing
a
separate
agreement
with
us.
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.
3.
We
will
not
test
for
the
presence
of
radon,
a
harmful
gas.
We
will
not
test
for
mold.
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.
4.
Our
Walk-Through
and
any
comments
are
for
your
use
only.
We
are
not
responsible
for
the
use
or
misinterpretation
by
third
parties,
and
third
parties
who
rely
on
our
comments
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
our
comments
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
Walk-Through
and
comments
are
in
no
way
a
guarantee
or
warranty,
express
or
implied,
regarding
the
future
use,
operability,
habitability,
or
suitability
of
the
home/building
or
its
components.
We disclaim all warranties, express or implied, to the fullest extent allowed by law.
5.
Limitation
on
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
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
Walk-Through
for
the
agreed-upon
fee
because
you
did
not
want
to
incur
the
additional
costs
a
commercial
inspection would require.
6.
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.
7.
Waiver
of
Right
to
Sue.
Because
of
the
extremely
limited
nature
of
our
Walk-Through,
you
waive
any
right
to
sue
us
under
any
negligence
theory.
As
long
as
we
perform
the
Walk-Through,
you
also
waive
any
right
to
sue
us
for
breach
of
contract.
If
you
nevertheless
believe
you
have
a
claim
against
us,
you
agree
to
provide
us
with
the
following:
(i)
written
notification
of
your
claim
within
seven
days
of
discovery,
in
sufficient
detail
and
with
sufficient
supporting
documents
that
we
can
evaluate
it;
and
(ii)
immediate
access
to
the
premises.
Failure
to
comply
with
these
conditions releases us from liability.
8.
Venue
/
Attorney’s
Fees
/
Waiver
of
Trial
by
Jury.
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
itself,
allegedly
arising
out
of
this
Agreement
or
our
membership
in
InterNACHI-CCPIA,
will
be
in
Boulder
County,
Colorado.
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-CCPIA can evaluate it. In any action against us or InterNACHI-CCPIA, you waive trial by jury.
9.
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
Walk-
Through.
10.
Past-due
fees
for
our
Walk-Through
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 personally guarantee payment of the fee.
11. You may not assign this Agreement.
12.
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.
13. 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.
14. If you would like a large-print version of this Agreement before signing it, you may request one by emailing us.
I HAVE CAREFULLY READ THIS AGREEMENT. I AGREE TO IT, AND I ACKNOWLEDGE RECEIVING A COPY OF IT.
________________________________________________________________________
CLIENT (Date)
2019 Pro1 Certified Inspections LLC
c