www.moldknowledge.com

 


Online Training and Education
Trained for Certification as Certified Mold Inspector
& Certified Mold Remediator

Inspectors, please ask your local attorney to read  this agreement to get ideas for writing an even better inspection and testing agreement that is very customized to protect your own mold corporation [such as a L.L.C.] and yourself based on your state’s laws and your individual needs. Get your mold corporation established before signing any agreements for the corporation.

  
                         MOLD INSPECTION & TESTING AGREEMENT
                                             [sample only for your attorney]


   
                                     PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO SIGNING

This agreement is between ______________________________________, hereafter called “Inspector,” which hires Certified Mold
                                                            
your mold  corporation’s name
Inspectors, as independent contractors, to do mold inspection and testing on behalf of the company’s mold inspection and testing clients, of

________________________________________________________________________________________________________,

and ______________________________________________________________________________________________________,
                                                                                                                full name[s] of your client[s]
hereinafter called "Client," of ____________________________________________________________________________________
                                                                                               
complete mailing address of your clients                                                   
who, on this _______________________ day of ________________________,200_, herein mutually agree to the following terms of agreement:
                           
          1. Client herein hires the Inspector to provide only the below specified mold inspection/testing services for the Client’s:
                   
 
c home       c condominium    c  apartment      c office/workplace      c other: _______________________________________

located at: ________________________________________________________________________________________________,

hereinafter called “Subject Property,” which is: 
c owned   c rented by the Client, and used as the Client’s  c residence
 
c apartment  c  rental investment   c workplace  c other: _______________________________________________________

           c Physical examination of the home or building for evidence of possible mold contamination. The Inspector will visually inspect the subject property home or building for visual evidence of mold infestation. In doing such visual inspection, the Inspector will use non-invasive inspection procedures such as using the senses of smell and sight, a hidden moisture, meter and a hygrometer.  Professional Fee: $__________

           
c Examination via fiber optics inspection. The Inspector will use fiber optics to look inside wall and ceiling cavities for evidence of hidden mold growth.  Professional Fee: $ __________ for each separate fiber optics entry and visual inspection inside each entry point, such as through the gaps around ceiling lights, electrical wall outlets, electrical light switches, and/or one-half inch diameter holes drilled [and then re-filled after inspection] in areas in which the Client wishes to pay for fiber optics inspection.

          
c  Collect mold samplings [mold tests]. The Inspector will obtain and provide mold lab-written mold laboratory analysis and mold species identification of the collected samples. Professional Fee. $____________ for each mold sample collected and lab analyzed for mold species identification. Projected minimum number of mold tests to be performed is ___________, multiplied by the above billing rate, resulting
in a minimum mold sampling cost of $______________.

           
c Photographs. If visible physical signs of mold growth and/or water damage or obvious construction defects or maintenance problems are noticed by the Inspector, the Inspector will do his best effort as a non-professional photographer to photograph [and properly label the back of each photo--on in the image itself of digital photographs--as to the precise physical location for each photo]. One set of color photographs of the most relevant inspection photographs [or digital files on a floppy disk for digital photographs] will be provided to the Client. Professional Fee: $______________

          
c Inspector Written Report. If the total inspection and testing fees above exceed $_____________, the Inspector shall also provide to Client a written report of the Inspector’s visual inspection observations and an explanation of the significance of the mold laboratory analysis and mold species identification findings.

          2. Liability Limitations of the inspection and testing services are as follow:

            (a) The mold inspection and mold testing services agreed to herein shall not be construed as a Building Code Inspection, title examination, home inspection for problems other than mold, or a by-law compliance inspection. The Inspector does not and will not offer an opinion as to: (a) the advisability or inadvisability of the purchase, sale, rental, or repair or the replacement the property or its components such as, but not limited to, appliances, carpeting, heating/cooling/ventilation equipment and ducts; (b) the property’s value; or (c) the property’s potential use.

            (b) The mold inspection and testing services described herein, and any report based on the mold inspection and testing services provided herein, is based on a single visit to the property on one specific date and time. Additional fees may be charged for any subsequent visits required by the Client. If the Inspector is called upon to prepare for litigation or to give testimony as a result of the inspection and testing described herein, additional fees and expenses shall be paid for in advance by the Client including, but not limited to: research, consultations, additional inspection and testing time, additional mold laboratory test fees, preparation of reports, travel, time waiting to testify, and time expended in court appearances or depositions.
                                                            
           {c) The mold inspection and testing services described herein, and any report of said mold inspection and testing, shall be based solely on the condition of the Subject Property as existent and apparent on the precise date and time of the inspection and mold testing. Not all relevant water and mold conditions may be apparent on the mold inspection and testing date due to weather conditions, inoperable systems, inaccessibility of areas of the Subject Property, hidden mold growth which can potentially be anywhere inside a home or building, and for other reasons. The Client understands and agrees that the Inspector’s inspection and testing services can only report: (a) mold problems in existence on the date of the inspection and testing; (b) mold problems physically visible or detected by the Inspector on that inspection date in the very precise and exact spots inside the Subject Property which were actually inspected and tested by the Inspector. Air tests can only report the presence of mold spores in the air of each room in which an air sample is taken. Air tests or swab mold samples can only report the presence of mold spores as to the actual individual heating/air conditioning/ventilating duct air flows and duct wall surfaces actually tested.  The Inspector’s hidden moisture meter can only detect wet conditions up to three-fourths of an inch into the building materials tested, and only for precise locations actually scanned by the Inspector. The Inspector’s fiber optics inspection device can only detect mold growing in each individual wall or ceiling cavity actually inspected internally by the Inspector. In summary, the Inspector can not report on areas or locations in the home or building that have not been specifically mold inspected and tested by the Inspector.

          (d) The Inspector is not responsible or liable for the non-discovery of any water damage, water problems, or mold infestation or mold problems, or other physical conditions of the Subject Property, or any other problems not found during the mold inspection and testing, or which may occur or may become only evident after the inspection and testing time and date. Inspector is not an insurer nor guarantor against water problems, mold problems, or other home or building defects that may exist in the Subject Property and its improvements, systems, or components which may have been inspected. Inspector makes no warranty, express or implied, as to the fitness for use or condition of the systems or components inspected. The inspection and testing described herein do not constitute a warranty, guarantee, or insurance policy of any kind. There are no warranties, guarantees, or insurance available or provided by the Inspector. Inspector assumes no responsibility or liability for the cost of repairing any water problems, mold problems, or any other defects or conditions. Inspector is not responsible or liable for any undiscovered and/or future water problems, mold problems, or any other future home or building failures, repairs, or problems.

           (e) Inspector and its independent contractors, employees, management, and stockholders are limited in liability to the total of the mold inspection and testing fee paid to the Inspector by Client in the event that Client or any third party claims that the Inspector is in any way liable for negligently performing the inspection and/or testing, or in the preparation of any reports, or for any other reason or claim that the Inspector has not satisfied all of its obligations hereunder. Client hereby agrees to indemnify, defend, and hold harmless the Inspector and its independent contractors, employees, and shareholders if any third party brings a claim against the Inspector relating to the inspection and testing services or written report described herein.

           (f)  Any claims against the Inspector, or its independent contractors, employees, management, and stockholders, must be presented to the Inspector by certified U.S. mail with proof of delivery within one (1) year from the date of the inspection and testing. Inspector shall have no liability for any claim presented more than one (1) year after the date of the inspection and testing. If there is a claim made, Client guarantees to the Inspector the right to examine the subject matter and evidence of any claim and to offer a resolution for any problems prior to Client’s performance of remedial measures [except in the case of an emergency, or to reduce or avoid property damage). The opportunity to reply to a proposed claim is a condition precedent to Client making any claims against the Inspector.

           3. Arbitration. Any controversy or claim made between the parties hereto, arising directly or indirectly out of, connected with, or relating to the interpretation of the Agreement, the scope of the services, and the actual inspection and testing services and report [if any] provided by the Inspector, or any other matters of any kind involving any act or omission performed under this Agreement, or promises, representations, or negotiations concerning duties of the Inspector hereunder, shall be submitted to arbitration in accordance with the applicable rules of the American Arbitration Association. The parties shall mutually appoint an arbitrator who is knowledgeable and familiar with the mold inspection and mold testing industry. Judgment on any award may be entered in any court having jurisdiction, and the arbitration decision shall be binding on all parties. Secondary or consequential or punitive damages are specifically excluded.

          4. Payment of Inspector’s Legal Fees. In the event that any dispute arises out of the inspection and testing services described herein, or the written report [if any], and arbitration and/or legal proceedings are commenced by the Client against the Inspector, if the Client is unsuccessful in maintaining the claim in arbitration or elsewhere, then the Client shall be liable to the Inspector for all charges, expenses, costs and legal fees incurred by the Inspector on a complete indemnity basis, including a reasonable fee for all the time spent by the Inspector’s personnel in investigating, researching, preparing for, and attending arbitration or court hearings and proceedings.

          5. Source of Law. This agreement shall be interpreted under the laws of the state of ________________________.Any litigation between the parties shall be filed with the _______________________ [name and location of appropriate court which is most convenient for the Inspector], with the losing party paying the reasonable attorney fees and costs incurred by the prevailing party.

          6. Entire Agreement. This agreement constitutes the entire agreement between the parties hereto, and supersedes any and all prior representations, discussions, or agreements, whether written or oral. No amendment, change, or variance from this agreement shall be binding on either party unless mutually agreed to, in writing, and signed by the parties here.  If any provision of this agreement is held invalid or enforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this agreement shall be construed to remain fully valid, enforceable, and binding on the parties.

          Having carefully read and fully understanding this agreement, I [we] hereby authorize the mold inspection and testing of the Subject Property by Inspector..

____________________________________________    ______________________________________________
Client Signature                                                                    Spouse’s Signature


___________________________________
Authorized signature of manager
[then your mold corporation’s name]
Inspector
 

[Home] [Up] [Client-Contract-Mold-Inspection] [Visual-Mold-Inspection] [Hidden-Moisture-Meter] [Find-Water-Leaks] [Industrial-Hygienists-Recommendations] [Mold-Inspection-Client-Agreement] [Dogs-Sniff-Mold] [Radar-Mold-Finder] [Mold-Testing-In-Schools] [Mold-Lab-Identification] [Radio-Waves-See-Inside-Walls] [Infrared-Mold-Inspection] [Mold-In-Water-Testing]


 

Mold Inspection   ►Mold Test Kits   ►Mold Removal   ►Ozone Blasting Kills Mold  
Mold Cleaning 
 15 Steps for Household Mold Removal  Workplace Mold   Mold Health  Home Repair  Home Remodeling Mold Prevention  Indoor Pollution  PollutionBusters  Flood Mold  Fire Mold  Wind Storm Mold  What Is Right Answer?  Mold Training
Business Mold  Company Mold  Tim-Bor Professional   Industrial Hygienist Training
Mold Inspector Directory  Industrial Hygienist Directory  Building Mold Inspection       
Mold Fogging Machine  Mold Test Dallas Texas  Mold Inspection Dallas Texas 
Houston Toxic Mold Testing  House Mold Testing Texas
Contact Us: phil@moldinspector.com or phone Phillip Fry 480-310-7970 USA

Copyright © 2000-2012 Ecology College Online. All rights reserved.