THIS AGREEMENT made this _____ day of ______________________, 20__, by and between __________________________ (hereinafter “INSPECTOR”) and the undersigned (“CLIENT”), collectively
referred to herein as “the Parties.” The Parties understand and voluntarily agree as follows:
1. Permission to Enter Property: The CLIENT is responsible for ensuring that the INSPECTOR has permission to enter the Inspected Property to perform the home inspection on
the date scheduled. The INSPECTOR is not responsible for any disruption in the inspection process caused by construction, renovations, painting, cleaning, or any other activity occurring at the
Inspected Property at the time of the inspection.
2. Assumption of Risk of Injury: The INSPECTOR has no knowledge or information concerning the conditions of the Inspected Property and will not see any conditions until the
time of the home inspection. The CLIENT is encouraged to attend the home inspection but assumes all risks and responsibility for any injury (including, but not limited to, personal injury, bodily
injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that CLIENT may experience or incur in connection with attending the home inspection. CLIENT
releases, discharges, and holds harmless INSPECTOR, its employees, agents, and representatives, of and from any such claims, including all liabilities, claims, actions, damages, costs, or expenses
of any kind arising out of or relating to attending the home inspection.
3. Scope of Services: The INSPECTOR agrees to provide professional home inspection services to the CLIENT in conformance with the provisions of the provisions of Fla. Stat.
ยง 468.8311, the provisions of 61-30.801-811, F.A.C. (“FL Standards”) and this Agreement. Although the INSPECTOR agrees to follow the FL Standards, CLIENT understands that these Standards
contain limitations, exceptions, and exclusions. CLIENT understands that InterNACHI is not a party to this Agreement and has no control over the INSPECTOR or representations made by the INSPECTOR
and does not supervise the INSPECTOR. The inspection is a non-invasive, visual examination of the accessible areas of the Inspected Property designed to and to report on those systems and
components inspected that, in the professional opinion of the INSPECTOR, are significantly deficient or at the end of their service lives. Significantly deficient means not
operating in the way the system or component was designed to operate, not capable of performing its intended function, or creates a significant risk of personal injury during normal, day-to-day
use. The inspection is based on the observations made on the date of the inspection, and not a prediction of future conditions.
4. Home Inspection Report: The CLIENT and the INSPECTOR agree that the INSPECTOR will prepare a home inspection report that shall: (a) identify and describe the systems or
components present at the time of the inspection by their type and/or significant characteristics; (b) report on those systems and components inspected that, in the professional opinion of the
INSPECTOR, are significantly deficient or are near the end of their service lives; (c) if not self-evident, provide a reason why the system or component reported under paragraph (b) is
significantly deficient or near the end of its service life; (d) identify any systems and components that were present at the time of the inspection but were not inspected, and a reason they were
not inspected; and (e) make recommendations for correction and/or monitoring, or additional evaluation of the deficiencies that the INSPECTOR observed.
5. General Exclusions: An inspection IS NOT technically exhaustive. An inspection WILL NOT identify concealed or latent
defects, deal with aesthetic concerns or what could be deemed matters of taste, cosmetic defects, etc. An inspection DOES NOT include items not permanently installed. The
inspection services DO NOT INCLUDE any action, system or component specifically excluded from the scope of work in any provision of the FL Standards. The INSPECTOR IS
NOT REQUIRED TO DETERMINE: (a) the suitability of the Inspected Property for any use; (b) the market value of the Inspected Property or its marketability; (c) the insurability of
the Inspected Property; (d) the advisability or inadvisability of the purchase of the Inspected Property; (e) the life expectancy of the Inspected Property or any components or systems therein;
(f) property boundary lines or encroachments; (g) the condition of any component or system that is not readily accessible; (h) the service life expectancy of any component or system; (i) the size,
capacity, BTU, performance or efficiency of any component or system; (j) the cause or reason of any condition; (k) the cause for the need of correction, repair or replacement of any system or
component; (l) future conditions; (m) compliance with codes or regulations; (n) the presence of mold, mildew or fungus; (m) the presence of airborne hazards, including radon; (n) the air quality;
(o) the existence of environmental hazards, including lead paint, asbestos or toxic drywall, or proximity to toxic waste sites or sites being monitored by any state or federal agency; (p) the
existence of electromagnetic fields; (q) any hazardous waste conditions; (r) any manufacturers’; recalls or conformance with manufacturer’s installation guidelines, or any information included for
consumer protection purposes; (s) acoustical properties; (t) correction, replacement or repair cost estimates; or (u) estimates of the cost to operate any given system. The INSPECTOR IS
NOT REQUIRED TO DETERMINE: whether any system or component of the Inspected Property has been affected by the illegal manufacture, distribution, storage, possession or sale of any
illicit drugs, products, or by-products, including, but not limited to, methamphetamines, and including all chemicals, tools, household fixtures or appliances used to facilitate such illegal
activities. The INSPECTOR is NOT REQUIRED TO OPERATE: (a) any system that is shut down; (b) any system that does not function properly; (c) or evaluate low-voltage
electrical systems, such as, but not limited to: 1. phone lines; 2. cable lines; 3. satellite dishes; 4. antennae; 5. lights; or 6. remote controls; (d) any system that does not turn on with the
use of normal operating controls; (e) any shut-off valves or manual stop valves; (f) any electrical disconnect or over-current protection devices; (g) any alarm systems; or (h) moisture meters,
gas detectors or similar equipment. The INSPECTOR IS NOT REQUIRED TO: (a) move any personal items or other obstructions, such as, but not limited to: throw rugs, carpeting,
wall coverings, furniture, ceiling tiles, window coverings, equipment, plants, ice, debris, snow, water, dirt, pets, or anything else that might restrict the visual inspection; (b) dismantle, open
or uncover any system or component; (c) enter or access any area that may, in the INSPECTOR’S opinion, be unsafe; (d) enter crawlspaces or other areas that may be unsafe or not readily accessible;
(e) inspect underground items, such as, but not limited to: lawn-irrigation systems, or underground storage tanks (or indications of their presence), whether abandoned or actively used; (f) do
anything that may, in the INSPECTOR’S opinion, be unsafe or dangerous to the INSPECTOR or others, or damage property, such as, but not limited to: walking on roof surfaces, climbing ladders,
entering attic spaces, or negotiating with pets; (g) inspect decorative items; (h) inspect common elements or areas in multi-unit housing; (i) inspect intercoms, speaker systems or security
systems; (j) offer guarantees or warranties; (k) offer or perform any engineering services; (l) offer or perform any trade or professional service other than general home inspection; (m) research
the history of the property, or report on its potential for alteration, modification, extendibility or suitability for a specific or proposed use for occupancy; (n) determine the age of
construction or installation of any system, structure or component of a building, or differentiate between original construction and subsequent additions, improvements, renovations or
replacements; (o) determine the insurability of a property; (p) perform or offer Phase 1 or environmental audits; or (q) inspect any system or component that is not included in the FL Standards.
The CLIENT and the INSPECTOR agree that the scope of the inspection to be performed pursuant to this Agreement DOES NOT INCLUDE decay of the interior of logs in log walls,
log foundations or roofs, or similar defects in log homes, log structures or similar log construction. The CLIENT and the INSPECTOR agree that the INSPECTOR IS NOT REQUIRED TO
PERFORM any action or task specifically excluded from the scope of a general home inspection as contained in the FL Standards, whether or not specifically identified herein.
6. No Liability for Third-Party Service Providers: The INSPECTOR may, where appropriate, recommend third-party service providers to supply goods and/or services to CLIENT in
accordance with the home inspection services. CLIENT understands and agrees that the INSPECTOR bears no legal or contractual responsibility to the CLIENT for any actions or inactions of any such
third-party service provider. No third-party service provider shall have the authority to incur or create any liability or obligation in the name of the INSPECTOR, or for which the INSPECTOR shall
be liable to another.
7. No Liability for Third-Party Reliance on Inspection Report: The inspection and home inspection report are for the use of CLIENT only. INSPECTOR may also provide a copy of
the home inspection report to the CLIENT’S real estate agent or attorney. INSPECTOR has permission to discuss observations with real estate agents, owners, repairpersons, and other interested
parties only with written consent of CLIENT. CLIENT shall be the sole owner of the report and all rights to it. INSPECTOR accepts no responsibility for use or misinterpretation of the content of
the report by third parties, and third parties who rely on it in any way do so at their own risk and release INSPECTOR from any liability whatsoever.
8. Inspection Fee & Additional Fees: The Inspection Fee identified above is due prior to or immediately upon completion of the physical inspection of the Inspected Property.
If the Inspection Fee is not paid as required herein, the INSPECTOR has no obligation to release the home inspection report, or any other information concerning the inspection or the Inspected
Property, until the Inspection Fee is paid in full. All expenses incurred in collecting any overdue payments or returned checks are the responsibility of the CLIENT. There is a $50.00 service
charge for returned checks. A finance charge of one and one-half percent (1.5%) per month, eighteen percent (18%) per year, will apply to all obligations not paid pursuant to the terms contained
herein. CLIENT agrees that in addition to any service charges or interest, the CLIENT shall be responsible for all legal fees and costs incurred by the INSPECTOR to collect the fees due under this
Agreement. The CLIENT agrees that the provisions of Paragraph 11 of this Agreement do not apply to any legal fees and costs incurred by the INSPECTOR to collect the fees due.
9. Responsibility for Return Inspections: The CLIENT understands that if any systems and/or components of the Inspected Property cannot be inspected due to unforeseen
circumstances during the inspection it is the CLIENT’S duty to contact the INSPECTOR should the CLIENT want the INSPECTOR to return to the Inspected Property later to inspect those systems and/or
components. Any systems and/or components not inspected due to unforeseen circumstances will be identified in the report.
10. Severability: If any portion of this Agreement is found to be invalid or unenforceable by any court the remaining terms shall remain in force between the Parties. The
indemnities and assumptions of liabilities and obligations herein shall continue in full force and effect after and notwithstanding the termination of this Agreement.
11. LIQUIDATED DAMAGES & LIMITATION OF LIABILITY:INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or
arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents and/or employees, for any claims against the INSPECTOR, including claims for, but not limited to, breach of
contract, negligence, fraud or misrepresentation, and/or any violation of any law, statute, regulation, ordinance, or any other theory of liability arising out of, from or related to this
Agreement or arising out of, from or related to the inspection or the home inspection report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this
liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special, or incidental damages or for the loss of the use of any portion of the Inspected Property. The Parties
acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate
risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee. The CLIENT understands that he/she/they is/are free to consult with another
professional if the Client does not agree to this provision.
12. Disclaimer of Warranties: Unless specified in this Agreement, all express or implied conditions, representations, and warranties, including any implied warranty of
merchantability, fitness for a particular purpose or non-infringement are disclaimed, except to the extent that these disclaimers are held to be legally invalid.
13. Notice of Claims: The CLIENT agrees that any claim for failure of the INSPECTOR to fulfill its obligations under this Agreement shall be made in writing to the INSPECTOR
upon discovery. The CLIENT also agrees to allow the INSPECTOR ten (10) days to come to the Inspected Property to observe, photograph, inspect and evaluate any condition complained of by the CLIENT
to the INSPECTOR and not to make, or allow others to make, any alteration to the claimed condition until the INSPECTOR has had the opportunity to inspect and evaluate the claimed condition.
14. Governing Law & Jurisdiction: All issues and questions concerning the construction, validity, enforcement, and interpretation of this Agreement shall be governed by, and
construed in accordance with, the laws of the state where the Inspected Property is situated, without giving effect to any choice of law or conflict of law rules or provisions that would cause the
application of the laws of any jurisdiction other than the state where the Inspected Property is located. The parties agree that any litigation arising out of this Agreement, or any services
provided by the INSPECTOR shall be filed only in the court having jurisdiction in the county in which the INSPECTOR has its principal place of business.
15. LIMITATION ON TIME TO INITIATE ANY LEGAL ACTION: Any legal action, dispute, controversy, interpretation, or claim, including claims for, but not limited to, breach of
contract, any form of negligence, fraud or misrepresentation, and/or any violation of any law, statute, regulation, ordinance, or any other theory of liability arising out of, from or related to
this Agreement or arising out of, from or related to the inspection or the home inspection report must be initiated within one (1) year from the date of the delivery of the home inspection report
to the CLIENT, regardless of when the CLIENT first discovers the facts supporting such possible claims as identified herein. Failure to initiate said action within one (1) year of the date of
services shall be a complete bar to any such action a full and complete waiver of any rights, actions or causes of actions that may have arisen thereon. This period may be shorter than otherwise
provided by state law.
16. No Assignments Permitted: CLIENT may not assign all or any portion of his/her/their rights or obligations under this Agreement. Subject to the preceding, this Agreement
shall be binding upon, inure to the benefit of, and be enforceable by the Parties hereto and their respective heirs, legal representatives, successors, and assigns. This Agreement does not create
and shall not be construed or deemed to create any rights or benefits enforceable by or for the benefit of any person or entity other than the Parties hereto and their respective heirs, legal
representatives, successors, and assigns.
17. Entire Agreement: This Agreement represents the entire agreement between the parties. No oral agreements, understandings, or representations shall change, modify, or
amend any part of this Agreement. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties and supported by valid
consideration. This Agreement shall be binding upon and inure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns, and representatives of any kind
whatsoever.
18. Acceptance of Terms: CLIENT agrees that he/she/I/they have read, understand, and agree to all the terms and conditions on all pages of this Agreement, including the
limitations and exclusions, and agree(s) to pay the fee shown according to the terms stated herein. The CLIENT can consult with legal counsel, or any other person or entity, before signing this
Agreement. CLIENT acknowledges that if CLIENT does not agree with any of the terms of this Agreement, CLIENT has the option to retain another inspection company.