This Inspection Agreement (the “Agreement”) is made effective on the date of your inspection by and between Schatz Services Unlimited, Inc., dba Environix (“Consultant”) and client (hereinafter “Client”) (collectively “parties”). Consultant is an independently owned and operated company engaged in the business of providing mold inspection services and utilizing an outside laboratory for environmental laboratory analysis. Client owns the property or has authority on behalf of the owner of the property (“Property”) and seeks to have Consultant perform a Limited Mold Inspection.
Purpose. The purpose of the Limited Mold Inspection (“Inspection”) is to attempt to detect the presence of mold by performing a visual inspection of the property and collecting samples to be analyzed by a laboratory.
Scope of Inspection. The Inspection consists of a limited, non-intrusive visual inspection in readily accessible areas for mold and/or conditions that may indicate the presence of mold or microbial growth, such as musty odor and/or evidence of water penetration. Consultant will not remove floor or wall coverings and/or move furniture or personal items, open walls or perform any type of destructive inspection. The scope of the inspection is limited to readily accessible areas described in the confirmation email.
The sole purpose of the Inspection is to detect the presence, or likely presence, of mold in the designated area(s); therefore, Consultant is not liable for failure to discover any conditions in non-readily accessible areas or in any other non-designated areas of the Property. If any additional readily accessible areas are identified or requested for inspection at the time of the Inspection, the parties shall execute an Addendum that identifies those areas.
Mold Inspection Report. Following the Inspection (and collection of samples and lab results, if any), the Client will be provided with a written mold inspection report (“Report”) stating whether mold or conditions indicating mold were found in the designated area(s). The Report is not a guarantee or warranty that the Property is mold-free, or that concealed conditions conducive to mold does or does not, will or will not exist in the Property. Rather, the results are indicative only of the presence or absence of mold in the area visually identified and/or sampled at the time of the Inspection. The Report, or any portion thereof, is solely for the benefit of the Client and any person or party designated by the Client to receive information in this report shall be subject to the General Terms and Conditions contained herein.
Sampling and Lab Testing. Consultant may not be able to determine the extent or type of microbial contamination solely from the results of the Inspection. An appropriate number of samples may be collected, as designated by the Client and/or determined by the Consultant during the Inspection, to establish the presence and type(s) of microbial contamination. Consultant will send samples to an outside laboratory, which will analyze them for the presence of mold. The laboratory will then issue a report detailing the presence and type(s) of mold, if any, found in the samples. All sample results will be included in the Report. The Environmental Protection Agency (“EPA”), Center for Disease Control, nor any other expert body have established standards or regulations for mold spore concentrations in the air or on surfaces. There are no EPA regulations or standards for evaluating health effects of mold exposure.
Payment. Client acknowledges that they are responsible for the entire cost of the Inspection and testing services.
By scheduling your inspection, Client and/or Client’s agent acknowledges that they have read, understand, and agree to the statements above and General Terms and Conditions below, including, but not limited to, the limitation of liability, arbitration clause, and limitation period, and agrees to pay the fee listed above. Additional fees may be incurred following the Mold Inspection. Client also acknowledges and agrees that the Consultant may notify the homeowner or occupants of the Property (if other than Client), as well as any appropriate public agency, of any condition(s) discovered that may pose a safety or health concern.
GENERAL TERMS AND CONDITIONS
READ CAREFULLY: This contract includes a limitation of liability and limitation of remedies.
Client Attendance and Permission to Access Property. Client acknowledges that Client and/or any authorized representative has been encouraged to attend the Inspection and recognizes that failure to do so may result in less than a complete understanding of the findings. Client warrants that permission has been secured for the Consultant to enter and inspect the Property.
Amendment. Any Inspection of areas or collection of samples beyond those identified in this Agreement shall require a written amendment to this Agreement and may result in additional charges.
Notice of Claims. Client understands and agrees that any claim(s) or complaint(s) arising out of or related to any alleged act or omission in connection with the Inspection shall be reported to Consultant in writing within ten (10) business days of discovery. Client agrees to allow Consultant a reasonable period of time to investigate the claim(s) or complaint(s) by, among other things, re-inspection before Client, or anyone acting on Client’s behalf, repairs, replaces, alters, or modifies the areas that are the subject matter of the claim. Client understands and agrees that any failure to timely notify Consultant and allow adequate time to investigate as stated above shall constitute a complete bar and waiver of any and all claims Client may have against Consultant related to the alleged act or omission unless otherwise prohibited by law.
LIMITATION ON TIME TO BRING LEGAL ACTION. PLEASE READ CAREFULLY. Any dispute concerning the interpretation of this Agreement or arising from the Inspection or Report (unless based on payment of fee) shall be decided by arbitration before a mutually agreed arbitrator, or, if the parties are unable to agree, by an arbitrator selected in accordance with the Commercial Arbitration Rules of JAMS then in effect. Any legal action arising from this Agreement or from the Inspection and/or Inspection Report, including (but not limited to) the arbitration proceeding, 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.
UNCONDITIONAL RELEASE AND LIMITATION OF LIABILITY. It is understood and agreed that the report to be provided under this agreement shall not be construed as a guarantee or warranty of the adequacy, performance, or condition of the inspection or of any structure, item or system at the subject property. Client hereby releases and exempts consultant and its respective affiliates, agents, representatives, and employees of and from any and all liability and responsibility any property damage, personal injury, damages, costs, claims, and/or lawsuits arising out of the performance of consultant’s services. In the event that consultant and/or its respective affiliates, agents, representatives, and employees are found liable due to breach of contract, breach of warranty, negligence, negligent misrepresentation, negligent hiring or supervision, or any other theory of liability, then the cumulative aggregate total liability shall be limited to a sum equal to the amount of the fee paid by client for the inspection and report.
Applicable Law, Jurisdiction, and Venue of Action to Interpret or Enforce Agreement. This Agreement shall be construed and interpreted under the laws of the State of Washington. Jurisdiction over and the venue of any action to interpret or enforce this Agreement, or any of its terms, shall lie exclusively with the Washington State Superior Court sitting in King County, Washington.
Binding. Except as otherwise herein provided, this Agreement shall be binding upon and inure to the benefit of the Parties hereto, their heirs, executors, administrators, successors, and all persons now or hereafter holding or having all or any part of the interest of a Party herein.
Severability. If any provision of this Agreement or the application thereto to any person, entity, or circumstance shall be held by a court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to the other persons, entities, circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
Confidentiality and Indemnity. Client understands that the Inspection is being performed (and the Report is being prepared) for their 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, buyer, or the real estate agent(s) involved in the real estate transaction (“third party”). If Client directly or indirectly allows or causes the Report or any portion thereof to be disclosed or distributed to any third party, Client agrees to indemnify, defend, and hold Consultant harmless for any claims or actions based on the Inspection or the Report brought by the third party.