The address of the property is:    (to be completed during booking)
Fee for the inspection is $
(determined at time of booking) .   THIS AGREEMENT made this (inspection date)  by and between CAPSTONE PROPERTY CONSULTANTS INC. (hereinafter “INSPECTOR”) and the undersigned (“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 home/building and to provide CLIENT with a written report identifying the defects that INSPECTOR both observed and deemed material.  CLIENT understands that the subject property will not have any building components opened or damaged in order to accomplish the inspection, nor will any comment be given on what lies behind or in a floor, wall, ceiling or concealed by another item (large furniture).


  1. Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance with the current Standards of Practice of the International Association of Certified Home Inspectors (“InterNACHI”) posted at http://www.nachi.org/sop.htm.  Although INSPECTOR agrees to follow InterNACHI’s Standards of Practice, CLIENT understands that these standards contain limitations, exceptions, and exclusions.  CLIENT understands that InterNACHI is not a party to this Agreement and has no control over INSPECTOR or representations made by INSPECTOR and does not supervise INSPECTOR.  


  1. CLIENT understands that INSPECTOR will NOT be testing for the presence of radon, mold or for the presence of asbestos, lead paint, formaldehyde, soil contamination, and other environmental hazards or violations.  No air quality or materials sampling will be done, nor will any written comments be made on air quality or materials fitness with respect to health or resale-ability of the property.  CLIENT understands that INSPECTOR will not inspect for compliance with applicable building codes.  Any advice given in this regard is to be taken as a courtesy only and does not imply a code evaluation.


  1. CLIENT understands that due to time constraints access and the nature of it being a visual inspection this is NOT an exhaustive inspection and some items will necessarily be missed as a result.  


  1. The inspection and report are for the use of CLIENT only. INSPECTOR understands that they must obtain the CLIENT’s consent to discuss observations with real estate agents, owners, repairpersons, and other interested parties.  INSPECTOR accepts no responsibility for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release INSPECTOR (including employees and business entities) from any liability whatsoever.  Any third parties who rely on the report in any way also agree to all provisions in this Agreement.  


  1. INSPECTOR’S inspection of the property and the report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. All warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by law.


  1. In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR with the following: (1) written notification of adverse conditions within 14 days of discovery; and (2) access to the premises to evaluate condition PRIOR to any contractor or repairperson undertaking any work to remedy the alleged adverse condition.  Failure to comply with the above conditions will release INSPECTOR and its agents from any and all obligations or liability of any kind.



  1. The parties agree that any litigation arising out of this Agreement shall be filed only in the Ontario Provincial Court.  In the event that CLIENT fails to prove any claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims.  CLIENT further understands that any legal action against InterNACHI itself allegedly arising out of this Agreement or INSPECTOR’s relationship with InterNACHI must be brought only in the District Court of Boulder County, Colorado.  No such action may be filed unless the plaintiff has first provided InterNACHI with 30 days’ written notice of the nature of the claim.  In any action against INSPECTOR and/or InterNACHI, CLIENT waives trial by jury.


  1. If any court declares any provision of this Agreement invalid, 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 shall be enforceable against any party unless it 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.


  1. 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.


  1. If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement.


  1. This Agreement is not transferable or assignable.


  1. 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 and/or employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses 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 report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, 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 home/building even if the CLIENT has been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee.



CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT




Please fill out one form OR the other.  This will fill out an email from your default program which you can then send.

If you AGREE complete this form:

If you DISAGREE complete this form: