Agreement:

HOME INSPECTION AGREEMENT THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT PLEASE READ IT CAREFULLY…………………… I (Client) hereby request a limited, non-invasive visual inspection of the residential structure identified at the above address by George Chappell (inspector), hereinafter referred to as the ‘Inspector’. I warrant that I will read the following agreement carefully. I understand that I am bound by all the terms of this contract. I further warrant that I will read the entire inspection report when I receive it and will promptly call the inspector with any questions I may have…………………….. Confidential Report: I understand that the inspection and inspection report are performed and prepared for my sole, confidential and exclusive use. It is understood that I may disclose information in this report to third parties who are involved in my transactions involving this property but that neither the Client nor the Inspector in any way intend to benefit said third part directly or indirectly through this Agreement or the inspection report. Client agrees to indemnify, defend and hold Inspector harmless from any third party claims arising out of Client’s unauthorized distribution of the inspection report. I understand that the inspector does not warrant or support any information given to any third party from this report that is not provided directly by the inspector to that third party…………………. The written report to be prepared by the Inspector shall be considered the final and exclusive findings of the Inspector regarding the property listed above and the Client understands and agrees they will not rely on any oral statements made by the inspector prior to the issuance of the written report. Client further understands and agrees that the Inspector reserves the right to modify the inspection report for a period of time that shall not exceed forty eight (48) hours after the inspection report has first been delivered to the Client………………………….. Client understands and agrees that any claim for failure to accurately report the visually discernible conditions at the Subject Property, or any claims that there was any error or omission in the performance of the inspection service or writing of the report, as limited herein above, shall be made in writing and reported to the inspector by Client within ten (10) business days of discovery. Failure by client to do so shall be deemed a waiver of such objection. In addition, if Inspector determines that Client has a legitimate dispute or claim, the Client will provide Inspector the reasonable opportunity to resolve the issue and cure said dispute or claim………………. Scope of this Inspection: The Inspector agrees to perform a limited visual inspection of the residential structure at the above address and to provide Client with a written opinion as to the apparent general condition of the structure’s components and systems, including identification of significant observable deficiencies as they exist at the time of inspection. The inspection will be performed in a manner consistent with the Standards of Practice as set forth by the State of Tennessee Home Inspection Licensing Program, which is administered by the Tennessee Commissioner of Commerce and Insurance. (Tennessee Home Inspector License Act of 2005, T.C.A. 62-6-301 et seq.)……………………..Outside the scope of this inspection: Any area which is not exposed to view, is concealed, is inaccessible because of soil, walls, floors, carpets, ceilings, furnishings, personal property or any other thing, or those areas/items which have been excluded by the Standards of Practice mentioned above is not included in this inspection, nor will destructive testing or dismantling methods be used in this inspection. Client agrees to assume all risk for all conditions that are concealed from view at the time of the inspection. The inspection only includes those systems and components expressly and specifically identified in the inspection report. Any system or component not addressed, even if present, is not included in this inspection………………….. The inspection and report do not constitute a home warranty, guarantee, insurance policy or substitute for real estate transfer disclosures that may be required by law. Your inspector is a home inspection generalist and is not acting as a licensed engineer or expert in any craft or trade. If your inspector recommends consulting other specialized experts, client must do so at client’s expense……………….. Whether or not they are concealed, a Tennessee home inspection is not required, and in some cases is forbidden by law, to address the following:……………….. ~Building code or zoning ordinance violations ~Carbon monoxide detectors ~Geological stability or soil conditions ~Whether water supplies are public or private ~Structural stability or engineering analysis ~Subterranean sewage, water or gas delivery systems ~Termites, cockroaches, rodents, pesticides ~Operation of water softener/purifiers, solar heating fungus or irrigation systems ~Building value appraisal or cost estimates ~Furnace heat exchangers ~Cosmetic damages or items not permanently ~Adequacy or efficiency of any system or installed component ~Pool or spa bodies and underground piping ~Operation of saunas, steam baths & equipment ~Asbestos, radon, lead based paint, water or ~Radio controlled devices, automatic gates air quality, treated lumber, mercury, elevators, lifts, dumbwaiters, thermostatic environmental hazards or time controlled devices ~Condition of detached buildings, unless ~Prediction of life expectancy of any item or additional charge system ~Operation of any gas devices with unlit ~Any system or component that is shut down pilot lights ~Company monitored fire or security alarms ~Low voltage electric systems (telephone, ~Private water or sewage systems cable television, internet connection, ~Smoke detectors are observed but not tested landscape lighting ~Wire splices to lower gauge past main panel box It is understood that this contract is for a first tier general visual inspection for obvious and readily observable conditions. The relative low cost of this inspection reflects its generalized nature. A more in depth or specialized inspection, or an inspection designed to reveal concealed or non-obvious conditions should be arranged with an expert in the appropriate field at additional cost to the client……………… Limitation of Liability: It is understood and agreed by and between the parties hereto that the Inspector and his officers’, agents’ or employees’ LIMITATION OF LIABILITY for errors or omissions in either the inspection or the inspection report is limited and fixed to a refund of the fee paid for the inspection and inspection report. Inspector has no responsibility for the possibility Client may lose an opportunity to renegotiate with the seller. There will be no recovery for secondary or consequential damages by any person. Please initial that you have read and understand this limit of liability: ( )………………….. The Client understands that an inspection and inspection report can be contracted for which will include no LIMITATION OF LIABILITY, and will include inspection of the property by the following specialists: Roof, Electrical, Heating & Air Conditioning, Plumbing, Electrical, Foundation, Fireplace & Pool (as applicable) Contractors, Geotechnical and Structural Engineers and other contractors or experts as necessary in addition to the Inspector and will agree to pay the necessary fees for such an inspection if desired. Please initial that you have read and understand the above: ( )…………………. Client: Please sign your choice below: I have read and understand and agree to I have read and understand and do not agree the LIMIT OF LIABILITY and do not to the LIMIT OF LIABILITY and wish to pay wish to pay any additional fees to remove the initial inspection fee plus the additional said limit: inspection fees charged by thevarious licensed professionals listed above to remove any LIMIT OF LIABILITY: ______________________________________ ________________________________________ In the event of a dispute between Inspector and Client, both parties agree to submit to good faith non- binding mediation before either may file suit against the other…………….. Severability: Client and Inspector agree that should a Court of Competent Jurisdiction determine and declare that any portion of this contract is void, voidable or unenforceable, the remaining provisions and portions shall remain in full force and effect………………. 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 modification is in writing and signed by the parties. This Agreement shall be binding upon and insure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns and representatives of any kind whatsoever………………………. I have read, understand and agree to all the terms and conditions of this contract and to pay the Required fee of $____________ . Dated_________________ Signature of Client ___________________________________________