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AmeriSpec Home Inspection Service (hereinafter "AmeriSpec", "we", "us" and "our") and ____________________________________
(hereinafter "client", "you" or "your") and ______________________________ (Agent-hereinafter “third party”) (collectively "parties").
We are an independently owned and operated franchise of AmeriSpec, Inc. engaged in the business of providing home inspection
services. You desire to have a General Home Inspection (the "Inspection") and/or other inspection related services (“Ancillary
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organisms) inspection, asbestos test and/or the presence of, engineering services, or invasive testing of EIFS-Exterior Insulation & Finishing Systems
(also known as artificial or synthetic stucco) to determine the existence of moisture and damage related thereto. We may be able to perform any one or
more of these additional services upon your request for an additional fee(s). The terms of the performance of such services shall be defined in a
separate agreement or addendum signed by the parties.
DISPUTE RESOLUTION AND REMEDY LIMITATION: Notice of Claims - You understand and agree that any claim(s) or complaint(s) arising out of
or related to any alleged act or omission of AmeriSpec in connection with the Services shall be reported to us, in writing, within ten (10) business days
of discovery. Unless there is an emergency condition, you agree to allow us a reasonable period of time to investigate the claim(s) or complaint(s) by,
among other things re-inspection before you, or anyone acting on your behalf, repairs, replaces, alters or modifies the system or component that is the
subject matter of the claim. You understand and agree that any failure to timely notify us and allow adequate time to investigate as stated
above shall constitute a complete bar and waiver of any and all claims you may have against us related to the alleged act or omission
unless otherwise prohibited by law.
Arbitration-Any dispute concerning the interpretation of this Agreement or arising from the Inspection and Report (unless based on payment of fee)
shall be resolved by binding, non-appeal able arbitration conducted in accordance with the rules of the American Arbitration Association, except that
the parties shall mutually agree upon an Arbitrator who is familiar with the home inspection industry.
Limitations Period: Any legal action arising from this Agreement or from the Inspection and Report, including (but not limited to) the arbitration
proceeding more specifically described above, must be commenced within one (1) year from the date of the Inspection. Failure to bring such an
action within this time period shall be a complete bar to any such action and a full and complete waiver of any rights, or claims based
thereon. This time limitation period may be shorter than provided by state law.
Limit of Liability: Due to the nature of the services we are providing, it is difficult to foresee or determine (at the time this Agreement is formed)
potential damages in the event of negligence or breach of this Agreement by us. Thus, if we fail to perform the Services as provided herein or are
careless or negligent in the performance of the Services and/or preparing the Report, our liability for any and all claims related thereto is
limited to the fee paid for the Services (unless contrary to state law), and you release us from any and all additional liability. There will be no
recovery for consequential damages. You understand that the performance of the Services without this limitation of liability would be more
technically exhaustive, likely require specialist(s) and would cost substantially more than the fee paid for this limited visual inspection.
OTHER PROVISIONS: Confidentiality - You understand that the Services are being performed (and the Report is being prepared) for your sole,
confidential and exclusive benefit and use. The Report, or any portion thereof, is not intended to benefit any person not a party to this Agreement,
including (but not limited to) the seller or the real estate agent(s) involved in the real estate transaction ("third party"). Reports are non-transferable
and may not be relied upon by other parties without the written consent of both the Client and AmeriSpec, unless otherwise specified by
law.
Nature of the Franchise Relationship: We are a franchisee of AmeriSpec, Inc. As a franchisee, we are an independently owned and operated
business that has a right to use the AmeriSpec names and marks and system of operation. AmeriSpec, Inc. does not control our day to day activities.
In retaining us to conduct the Services, you acknowledge your understanding that AmeriSpec, Inc., is in no way involved in conducting the Inspection,
and is not responsible for our actions. Questions, concerns or, complaints should be directed to us rather than AmeriSpec, Inc.
Severability and Entire Agreement: The parties agree that should an Arbitrator or Court determine that any provision(s) in this Agreement is void,
void able, or unenforceable, the remaining portions shall remain in full force and effect. This Agreement (in its entirety), and any attached, executed
Addenda, contains the entire agreement between the parties, and there are no other representations, warranties, or commitments, except as are
specifically set forth herein. This Agreement supersedes any and all representations or discussions, whether oral or written, if any, among the parties
relating to the subject matter of this Agreement. This Agreement may be modified, altered or amended only if agreed to in writing and signed by the
parties.
Third Party Liability: 1- Client agrees and acknowledges that Client wants AmeriSpec to provide a copy of the Report to Third Party. 2- Client
acknowledges and agrees that by executing this agreement, he is waiving all rights to assert a claim of breach of confidentiality against AmeriSpec, 3-
Client acknowledges and agrees that the Report was prepared for Client's sole, confidential and exclusive benefit and use. 4- Client acknowledges and
agrees to indemnify, defend, and hold AmeriSpec harmless for any claims or actions by or on behalf of Third Party that arise directly or indirectly from
the provision of the Report, or any portion thereof, to Third Party. 5- Third Party acknowledges and agrees that the Report was prepared for Client's
sole, confidential and exclusive benefit and use and that Third Party Is thus not an Intended beneficiary of the Report or any information contained
therein. 6- Third Party agrees to waive any and all claims whatsoever that may arise, either directly or indirectly, from the provision, by AmeriSpec, of
the Report to Third Party or from any information that Is contained or absent therein, 7- AmeriSpec agrees upon execution of this agreement by Client
and Third Party to provide a copy of the Report to Third Party. 8- All costs associated with the provision of the Report to Third Party shall be the
responsibility of Client or Third Party and must be paid In full before AmeriSpec will provide the Report to Third Party identified herein, 9- This
Agreement shall in no way be construed to affect or modify the Inspection Agreement or any provisions therein except as set forth herein.
THE INSPECTION, ANCILLARY SERVICES, INSPECTION AGREEMENT AND REPORT DO NOT CONSTITUTE A WARRANTY, AN INSURANCE
POLICY, OR A GUARANTEE OF ANY KIND; NOR DO THEY SUBSTITUTE FOR ANY DISCLOSURE STATEMENT AS MAY BE REQUIRED BY
LAW.
By signing below you acknowledge that you have read, understand and agree to the terms and conditions of this agreement, including (but not limited
to) the limitation of liability, arbitration clause and limitations period, and agree to pay the fee listed above.
CLIENT DESTINY INC., DBA: AMERISPEC HOME INSPECTION SERVICE
_X_________________________________Date:______________
Clients Signature
________________________________________ (the property). The fee for this service is $125.00, and is immediately due and payable.
AmeriSpec and ________________________________________________________ (the customer) understand and agree to the following:
Purpose - This radon test is a screening measurement that serves to indicate the potential for radon levels in the above referenced home. It
will provide information to help determine if any additional action or testing is needed. Please refer to the latest edition of the Environmental
Protection Agency publication "Home Buyer's & Seller's Guide To Radon" for further information regarding the purpose, benefits, and
interpretation of the results of this test.
Limit of Liability - if you or any third party claim we are liable for negligently conducting the test or if for any other reason we have not
fully satisfied all of our obligations under this Agreement, our liability to you is limited to the fee paid for our services and you release us
from any additional liability. You agree to indemnify, defend, and hold us harmless if any third party brings a claim against us relating to this
test.
Test Conditions - As specified by the Environmental Protection Agency (EPA), the following conditions must be met prior to and during the
test period to help ensure an accurate reading: 1) all windows, doors, and crawlspace vents must be closed 12 hours before the start of the test
and during the entire test period. Normal entry and exit through exterior doors is acceptable; 2) internal-external air exchange systems (e.g.,
whole-house fans, window fans, window air conditioners with outside damper open, etc.) must not be used for 12 hours before and during
the entire period of the test; 3) radon test devices must not be moved or tampered with in any way during the test period; 4) normal operation
of heating and air conditioning systems as well as fireplaces or wood-burning stoves used for heating purposes is permissible, although
fireplaces and/or wood burners should only be used if no other source of heat is available. A letter outlining these conditions has been
provided to the occupant, owner, or owner's representative.
Limitations of Test - You understand that our control of these conditions are limited to the actual placement of the testing device. Any
tampering or manipulation of the test conditions prior to or during the test period are out of our control. Changes in heating and ventilation
may raise or lower radon levels. Inclement weather such as storms or high winds can contribute to unreliable test results. Since radon levels
can vary greatly from season to season as well as from room to room, this screening measurement only serves to indicate the potential for a
radon problem. The test results are only an average of radon concentrations in the area tested during the period the measurement device was
exposed. The EPA suggests regular follow-up measurements be made.
Arbitration Provision - All controversies or claims between the parties hereto in any way, directly or indirectly, arising out of, connected
with or relating to the interpretation of this Agreement, the scope of the services to be provided by AmeriSpec, or as to any other matter
involving the contemplated transaction, including, but not limited to, (a) any promises, representations or negotiations concerning either the
performance of the AmeriSpec duties hereunder, (b) any act or omission of AmeriSpec in the performance of its responsibilities hereunder,
and/or (c) the documents relating thereto, shall be determined by arbitration in accordance with the applicable rules of the American
Arbitration Association, or, if in Canada, the Canadian Association of Arbitrators, except for the procedure for selection of the arbitrator. The
parties shall mutually appoint an arbitrator who is knowledgeable and familiar with the professional home inspection industry. The
arbitration decision shall be binding on all parties and judgment upon the award rendered may be entered in any court having jurisdiction.
Distribution of Report - By initialing here (___________________) , you authorize us to distribute copies of the test results to the real
estate
agent directly involved in this transaction on your behalf.
Entire Agreement - This Agreement contains the entire agreement between the parties hereto relative to the radon testing, and there are no
other representations, warranties or commitments, except as are specifically set forth in this document. This document supersedes any and all
representations or discussions, whether oral or written, if any, among the parties relating to the subject matter of this Agreement. This
Agreement may be modified, altered or amended only by a writing signed by all of the parties hereto.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAYBE ENFORCED BY THE PARTIES. THE
RESULTS OF THIS TEST DO NOT CONSTITUTE A WARRANTY, AN INSURANCE POLICY, OR A GUARANTEE OF ANY KIND.
X_______________________________________ X_____________________________________________
Customer Signature Date AmeriSpec Home Inspection Service
An Independent Franchise (303) 948-4973
AmeriSpecDenver@msn.com