Mold Agreement - Trusted Home Inspections

Mold Inspection Agreement – Trusted Home Inspections LLC – P.O. Box 3212
Bella Vista, AR
The address of the property is:
THIS AGREEMENT made this _________ day of __________________________________, 201_, by
and between Trusted Home Inspections, LLC (hereinafter “INSPECTOR”) and the undersigned
(hereinafter “CLIENT”), collectively referred to herein as “the parties.” The Parties Understand and
Voluntarily Agree as follows:
Please read and sign this Mold Inspection Agreement, which is intended to be a legally binding
contract. This document explains the Scope of the Inspection, Limits of the Inspection, General
Exclusions, Terms and Conditions, Limitations of Liability, and an Arbitration Agreement. You may call us
for an explanation of this Agreement or any aspect of the mold report, which you do not fully understand.
The purpose of the mold inspection is to identify and report signs of potential mold growth along with
conditions that are conducive to mold growth as evident to the inspector on the day of the inspection. The
inspection is a non-intrusive, visual examination performed for a fee identified below, and is limited to the
primary building. The inspection includes only visual and readily accessible components and systems.
Mold sampling and laboratory testing are optionally performed with the Client's acceptance of additional
fees outlined below. This mold inspection is not a home inspection and does not identify physical defects
in any component or system.
The inspection will be performed in accordance with the Standards of Practice of the National Society of
Mold Inspectors (NSMI) in effect at the time of this inspection. Systems and components to be inspected
for signs of potential mold growth and conditions that are conducive to mold growth include: exposed and
visible landscaping, exteriors, foundations, roofing, plumbing, attic, interior rooms, basement and
crawlspaces, heating and central air conditioning, and garage or carport, where these components are
visible and readily accessible on the day of the inspection.
If conditions permit, the Client is encouraged to accompany the inspector during the inspection. However,
Client participation shall be at the Client’s risk for personal injury or damage to person or property for any
reason or from any cause. The mold inspection and report are performed and prepared for the sole,
confidential and exclusive use and possession of the Client(s). The mold inspection report is not
transferable. The Client agrees to read the entire mold report upon receipt will promptly contact the
inspector with any questions or concerns regarding the mold inspection.
The mold inspection is limited to the readily accessible and visible systems and components of the home.
The inspector will not dismantle and/or move equipment, systems, furniture, appliances, floor coverings,
finished or fastened surfaces or components, personal property or other items to conduct this inspection
or otherwise to expose concealed or inaccessible conditions. The inspection will not include destructive
testing of any kind.
Mold Inspection Agreement – Trusted Home Inspections LLC – P.O. Box 3212
Bella Vista, AR
The following conditions are NOT within the scope of the mold inspection:
1) Indoor air quality except as related to independent lab results of inspector-collected samples
authorized and purchased by the Client.
2) Presence of toxic matter except as related to independent lab results of inspector-collected samples
authorized and purchased by the Client.
3) Environmental hazards related but not limited to asbestos, lead paint, radon, urea formaldehyde
insulation, or water quality.
4) Items that are obstructed, inaccessible or not in plain view.
5) Defects other than those associated with current visible conditions conducive to potential mold growth.
6) The activation or the serviceability of any systems or components.
7) The dismantling of any system, structure, or component, or any intrusive or destructive examination.
8) Systems, components or structures not specifically identified in the mold inspection report including
ones not permanently installed.
9) The use of electronic or special equipment to detect or verify the presence of mold-conducive
conditions except where contracted with Client.
10) Determining compliance with any codes, ordinances, or regulations.
11) The advisability or inadvisability of the purchase of the property, its value, or its potential use.
12) Geotechnical, engineering, structural, architectural, geological, hydrological, land surveying or soilsrelated examinations, or lab testing.
13) The adequacy, durability, quality, repair cost, replacement cost, fair market value, or remaining useful
life of any component or system.
14) Termite or pest infestation.
15) Disclosing or providing the means of remediation for any contaminants discovered during the
Additionally, the following components or systems are NOT within the scope of the inspection: security
systems; appliances; playground equipment; swimming pools; hot tubs/spas; lawn sprinkler systems;
Mold Inspection Agreement – Trusted Home Inspections LLC – P.O. Box 3212
Bella Vista, AR
intercom and audio systems; antennas; central vacuums; solar systems; water softeners and filters; wells;
septic systems; latent defects; adequacy of system designs; zoning or building code compliance.
inspected are moldfree, or that concealed conditions conducive to mold do not or will not exist. Problems
may exist even though signs of such may not be present during the inspection.
A. The Client recognizes that this mold report is solely for the benefit of the Client and that any person or
party designated by the Client to receive information in this report shall be subject to the TERMS AND
CONDITIONS contained herein. Such designation shall be provided in writing to the inspector. The report
is not transferable and use or reliance upon the report by anyone other than Client is not authorized.
Client agrees to indemnify and hold Inspector harmless from any damages, losses or claims brought
against Inspector by third parties to whom Client has released the report in contravention of this
Agreement, including reasonable attorney fees.
B. The Client agrees that any claim arising in connection with this Agreement shall be made in writing to
the Inspector at the address above by certified mail, return receipt requested within 10 days after
discovering any problem.
C. The Client agrees to allow the mold inspection company to re-inspect before changing the condition of
the problem, except in an emergency. Failure to allow the inspection company the opportunity to reinspect, as required above, shall constitute a waiver of any and all claims Client may have against the
D. Inspector agrees to bring its experience and knowledge in mold inspection to bear on behalf of Client.
Both parties acknowledge and agree that should the inspection fail to identify visually evident signs of
potential mold growth or conditions that are conducive to mold growth, damages to Client would be
difficult or perhaps impossible to determine.
Accordingly, the parties agree that, to the extent allowed by law, any damages for breach of this contract
or report are limited to the amount of the inspection fee only. Furthermore, the Client agrees to pay all
attorney fees should the Client pursue a civil action against the Inspector, and fail to prevail.
E. The Client agrees that 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 changes or
modifications are in writing and signed by the parties and supported by valid consideration.
Mold Inspection Agreement – Trusted Home Inspections LLC – P.O. Box 3212
Bella Vista, AR
F. This inspection report is not a substitute for any transferor’s or agent’s disclosure that may be required
by law, or a substitute for the Client’s independent duty to reasonably evaluate the property prior to the
close of the transaction.
It is understood and agreed that Trusted Home Inspection, LLC is not an insurer and that the mold
inspection and report are not to be intended or construed as a guarantee or warranty of the adequacy,
performance or condition of any structure, item or system at the property address. The Client hereby
releases and exempts the Inspector and its agents and employees of and from all liability and
responsibility for the cost of repairing or replacing any unreported mold- related defect or deficiency and
for any consequential damage, property damage, or personal injury of any nature over and above the
amount of the inspection fee.
Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract,
any form of negligence, fraud or misrepresentation arising out of, from, or related to, this contract or
arising out of, from or related to the mold inspection or mold inspection report shall be submitted to final
and binding arbitration under the rules of the state in which the inspected property is located. The
decision of the Arbitrator appointed thereunder shall be final and binding
Judgment on the Award may be entered in any Court of competent jurisdiction.
INSPECTION FEE: $_______ (Please initial one) ___ Client accepts mold sampling ___ Client declines
mold sampling
ACKNOWLEDGEMENT: I, the undersigned, have carefully read the preceding Inspection Agreement and
Description and fully understand and agree with the limitations, exclusions and terms described.
Printed Name of Client: _____________________________________________________
Client Signature: ___________________________________ Date ___________________
Agent for Client Signature: __________________________ For Inspector: ________________________