NAME OF COMPANY
The address of the to be inspected property is: ___________________________________________ (hereinafter the "Residence").
Fee for the property inspection is $000.00 .INSPECTOR acknowledges receiving a deposit of $ from CLIENT.
THIS AGREEMENT made this day of , , by and between Name of Inspection Firm(hereinafter "INSPECTOR") and the undersigned (hereinafter "CLIENT"), collectively referred to herein as "the Parties."The Parties Understand and Voluntarily Agree as follows:
1. INSPECTOR agrees to perform a visual inspection of the primary structure at the Residence and to provide CLIENT with a written inspection report based upon that visual inspection.INSPECTOR may offer comments as a courtesy, but these comments will not comprise the bargained-for report.The report is only supplementary to the seller's disclosure. The report resulting from this inspection is intended only as a general guide to help the client make his own evaluation of the overall condition of the Residence, and is not intended to reflect the value of the premises, nor make any representation as to the advisability of purchase. The report expresses the professional opinions of INSPECTOR, based upon his visual impressions of the conditions that existed at the time of the inspection only. The parties agree that INSPECTOR is not responsible for intermittent and/or latent conditions that were not present at the time of the inspection.The inspection and written report are not intended to be technically exhaustive, or to imply that every component was inspected, or that every possible defect was discovered.
2. INSPECTOR agrees to perform the inspection and prepare the written inspection report in accordance with the Standards of Practice promulgated by the Commissioner of Tennessee Department of Commerce and Insurance and found at Rule 0780-5-12-.10 of the Rules of Tennessee Department of Commerce and Insurance, Division of Regulatory Boards, Chapter 01780-5-12, Home Inspectors (hereinafter the "Standards of Practice"), subject to the limitations and restrictions in this AGREEMENT.A copy of the Standards of Practice may be easily located at https://www.tn.gov/sos/rules/0780/0780-05/0780-05-12.pdf, or can be provided to CLIENT upon written request.Although INSPECTOR agrees to follow the Standards of Practice, CLIENT understands that these Standard of Practice contain certain limitations, exceptions, and exclusions.Unless otherwise indicated in writing and without waiving any exclusions, restrictions or limitations in the Standards of Practice, CLIENT understands that INSPECTOR a. will not test for compliance with applicable building codes; b. will not inspect for and the written will not address environmental hazards, including but not limited to, lead-based paint, radon, asbestos, cockroaches, rodents, pesticides, treated lumber, formaldehyde, fungus, molds, mercury, carbon monoxide, or other similar environmental hazard; or c. will not inspect for and the written will not address subterranean systems or system components (operational or nonoperational), including but not limited to, sewerage disposal, water supply, fuel storage or fuel delivery.Without waiving any exclusions, restrictions or limitations in the Standards of Practice, CLIENT understands that INSPECTOR will not disassemble any equipment, open any walls, remove any ceiling tiles, move any furniture, appliances or stored items, or perform any excavation.If CLIENT requires a more exhaustive or comprehensive inspection and written inspection report than will be provided by INSPECTOR pursuant to this AGREEMENT in order to make any decisions about the Residence, CLIENT hereby acknowledges that other professionals, such as a Professional Engineer or Architect, may be hired to evaluate the Residence.
3. The inspection and written inspection report are performed and prepared for the use of CLIENT only, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repairpersons, and other interested parties for informational purposes.INSPECTOR accepts no responsibility for use or misinterpretation by third parties, including but not limited to, real estate agents, owners, repairpersons, and other interested parties, and any third parties who rely on the inspection or written inspection report do so at their own risk.CLIENT expressly agrees that CLIENT will not rely on any oral statements or comments made by INSPECTOR or any third-party relating to the inspection, written inspection report or any re-inspection. INSPECTOR'S inspection of the Residence and the accompanying written report are in no way intended to be a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the Residence or its components. Any and all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded by this Agreement to the fullest extent allowed by law. If any structure or portion of any structure that is to be inspected pursuant to this Agreement, is a log home, log structure or similar log construction, CLIENT understands that such structures have unique characteristics that make it impossible for an inspector to inspect and evaluate them by an exterior visual inspection.Therefore, 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 that are not visible by an exterior visual inspection.
4.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, employees, for claims and/or damages, costs of defense or suit, attorney's fees and expenses and payments arising out of or related to the INSPECTOR'S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the written inspection report, shall be limited to no more than $5,000.00 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 the Residence even if the CLIENT has been advised of the possibility of such damages.
5. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the inspector holds a valid occupational license, in which case he/she may inform the CLIENT that he/she is so licensed, and is therefore qualified to go beyond this basic property inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic property inspection.Any agreement for such additional inspections shall be in a separate writing.
6. In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR with the following: (1) Written notification of adverse conditions within one year of the date of the written report and (2); complete a Homeowner Incident Reporting Form and; (3) access to the premises.CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection.Any and all rights of CLIENT to file a lawsuit, claim or arbitration demand against INSPECTOR shall be extinguished one year from the date of the inspection without regard to discovery of the circumstances leading to such lawsuit, claim or arbitration demand.This one year period for CLIENT to file a lawsuit, claim or arbitration demand against INSPECTOR may be shorter than the time period provided by law.
7. The parties agree that any litigation concerning the interpretation of this agreement or arising from the inspection and/or resulting written inspection report shall be filed:
 in a court of competent jurisdiction in the County in which the Residence is situated; or;
arbitration filed with American Arbitration Association and conducted in accordance with its the rules of the American Arbitration Association except that the parties shall select an arbitrator who is familiar with the property inspection industry.The Arbitrator shall conduct summary judgment motions and provide full discovery rights as a court would as provided in the Tennessee Rules of Civil Procedure.
If a dispute resolution clause is not selected, the default shall be a court of competent jurisdiction in the County in which the Residence is situated. In the event that CLIENT fails to prove any adverse claims against INSPECTOR, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims.This Agreement shall be governed by the laws of the State of Tennessee.
8. If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect.This Agreement represents the entire agreement between the parties.All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein.No statement or promise of INSPECTOR or its agents shall be binding unless reduced to writing and signed by INSPECTOR.No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties.This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees.CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection.
9. Payment of the fee to INSPECTOR (less any deposit noted above) is due upon completion of the on-site inspection.The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorney's fees, if any.If CLIENT is a corporation, LLC, or similar entity, the person signing this Agreement on behalf of such entity does personally guaranty payment of the fee by the entity.
10. This Agreement is not transferable or assignable.
CLIENT HAS CAREFULLY AND COMPLETELY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.
FOR INSPECTOR – Name of Inspector - TN License #
CLIENT OR REPRESENTATIVE – Signature
CLIENT or REPRESENTATIVE – Printed Name