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Sample Client Contract for Mold Remediation

Mold Remediators, please ask your local attorney to read  this agreement to get ideas for writing an even better mold remediation agreement that is very customized to protect you personally and your own mold corporation (such as a limited liability corporation or L.L.C.) utilizing your state’s laws and your individual needs. Get your mold corporation established before signing any agreements for the corporation.

                                        MOLD REMEDIATION AGREEMENT

                               
PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO SIGNING

This agreement is between ______________________________________, hereafter called “Remediator,” which hires
                                                           your mold  corporation’s name
Certified Mold Remediators, as independent contractors, to do mold remediation on behalf of the company’s mold remediation 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 Remediator to provide only the below specified mold remediation services, and NO building or construction 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: _________________________________________________.

Scope of work: The below-described mold remediation services shall be performed only at the following precise locations in the home or building, for a total mold remediation fee of $___________________________, payable fifty percent [50%] down payment upon the signing of this agreement, with the remaining balance being paid in full upon the date that the Remediator fulfills the requirements specified in the following paragraph 2. Mold Clearance Testing.

                   Mold Remediation Service                                  Precise Remediation Location

__________________________________________________    __________________________________________________

__________________________________________________    __________________________________________________

__________________________________________________    __________________________________________________

           2. Mold Clearance Testing. Each of the above specified remediation locations has already been mold tested by the Remediator in advance of this agreement, and said pre-testing shall hereinafter be referred to as “Base Line Testing,” with the date of such testing being referred to as the “Base Line Testing Date.” The Client acknowledges herein that the Client has already received from the Remediator a copy of the Base Line Testing [mold lab analysis, mold species identification, and mold count information] for each of the above-specified remediation locations.  When the Remediator has completed the performance of the above-specified mold remediation services in the above-specified remediation locations, the Remediator will then re-test on the remediation completion date those precise mold remediated areas with the same types of mold tests and procedures originally utilized prior to mold remediation, and then submit the collected samples for mold lab analysis, mold species identification, and mold quantification to the same mold lab company used for the Base Line Testing, and said post-testing shall hereafter be referred to as “Post-Remediation Testing.”.  The clearance test sampling and mold lab analysis fees are the expense of the ___________________ [choose either Client or Remediator, depending on how you have priced a particular mold remediation job].

            3. Guarantee of Results. If the Post-Remediation Testing on the remediation completion date does not document at least a ninety percent [90%] reduction in mold counts of the various mold species in each and every remediation location, compared to the same locations in the Base Line Testing, the Remediator will, at no additional cost to the Client, remediate again any particular location[s] that has/have not had its mold count reduced by least ninety percent [90%]. At the conclusion of the second remediation work for those particular re-done locations, the Remediator will re-test those locations, and then submit the collected samples for mold lab analysis, mold species identification, and mold quantification to the same mold lab company used for the pre-remediation mold testing. If, after the second remediation work, a particular area still has not been reduced at least ninety percent [90%] from the Base Line Testing results, the Remediator will continue repeating the mold remediation work until the ninety percent reduction from the Base Line Testing has been successful reached.
 

           4..Liability Limitations of the Remediator’s mold remediation services are as follow:

            (a) The mold remediation services agreed to herein shall not be construed as a remodeling, rebuilding, building, or construction of the home or building. The Remediator’s sole responsibility is to kill mold, remove it, and apply protective fungicidal coatings to the cleaned out area but only in the precise remediation locations described in paragraph 1 above.

            (b)  If the Remediator is called upon to prepare for litigation or to give testimony as a result of the Base Line Testing or the mold remediation services 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 remediation services described herein, shall be based solely on the condition of the Subject Property as existent and apparent on the specified Base Line Testing Date. Not all relevant water and mold conditions may be apparent on the Base Line 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 Remediator’s mold remediation services included in the scope of work of this agreement must be only: (a) Precise Remediation Locations specifically listed as such in paragraph 1 of this agreement; and which are (b) mold problems in existence on the Base Line Testing Date; and which are (b) mold problems physically visible or detected by the Remediator on the Base Line Testing.
          
            (d) In the course of mold remediation, it is possible and likely that the Remediator will uncover previously unknown mold problems not discovered in the Base Line Testing because of such factors as the following. 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 Remediator’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 Remediator. The Remediator’s fiber optics inspection device can only detect mold growing in each individual wall or ceiling cavity actually inspected internally by the Remediator. In summary, the Remediator can not necessarily find in advance of remediation all locations in the home or building that may have mold infestation.

          (e) The Remediator 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 Base Line Testing, or which may occur or may become only evident after mold remediation has begun, or even been completed. Remediator 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 on the Base Line Testing Date. The Base Line Testing and the mold remediation services 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 Remediator. Remediator assumes no responsibility or liability for the cost of repairing any water problems, mold problems, or any other defects or conditions. Remediator 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. Remediator is not responsible for the rebuilding of the home or building after the mold remediation services have been completed.

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

           (g)  Any claims against the Remediator, or its independent contractors, employees, management, and stockholders must be presented to the Remediator by certified U.S. mail with proof of delivery within one (1) year from the Base Line Mold Testing Date. Remediator shall have no liability for any claim presented more than one (1) year after the date of the Base Line Testing Date. If there is a claim made, Client guarantees to the Remediator 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 Remediator.

           5. 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 Base Line Testing and mold remediation services and report [if any] provided by the Remediator, 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 Remediator 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.

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

          7. 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 Remediator], with the losing party paying the reasonable attorney fees and costs incurred by the prevailing party.

          8. 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 Remediator..

________________________________________                ________________________________________
Client Signature                                                                        Spouse’s Signature


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

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