The address of the property is:

Fee for the home inspection is: $

THIS AGREEMENT made this ^th Day of , 2008 by and with, Dan Smart, (INSPECTOR”) and

 (“CLIENT”) collectively referred to herein as “the parties.”  The Parties Understand and Voluntarily Agree as follows:

JD Associates Home Inspection Services Inc. will complete a non evasive property inspection conducted in accordance with the standards of practice of the National Association of Certified Home Inspectors, a copy of which is available upon request and can be read and downloaded from the Internet at http://jdinspections.net.  The inspection is that of a generalist, and has clearly defined limitations. It is performed on-site within a few hours, and does not include any warranty or guaranty. By contrast, specialist inspections take considerably longer, typically include the use of specialized instruments, could involve sampling or destructive testing, and commonly include some form of guaranty. Specialized inspections are essential to evaluate soil conditions, determine structural movement, establish the quality of air and water, or reveal the presence of harmful environmental contaminants such as radon, methane, asbestos, lead, formaldehyde, electro-magnetic radiation, molds and fungi, and other wood-destroying organisms, all of which are beyond the scope of a generalist inspection. Therefore, please be aware of the limitations of a generalist inspection: It is not a termite inspection, which if mandated is a condition of sale and performed by state-licensed specialists. Also, it is not a code-compliance inspection and does not include any research, such as that necessary to establish boundaries, easements, or the issuance of permits, and it should not be used as a substitute for the Transfer Disclosure Statement.

Systems and items which are EXCLUDED from this inspection include, but are not limited to, the following: recreational playground facilities, geological and soil conditions, sprinkler systems (fire and lawn), solar systems, water wells, below ground septic or drainage systems, hard wired smoke detectors, wiring not part of primary distribution systems (including, but not limited to: intercoms, cable TV, security systems, audio and computer systems), portable air conditioning units, alarm systems, decorative or ornamental items, in accessible systems or components, underground installations, sanitary pit(s)/catch basins, septic systems/cesspools, tests for soil, water or air quality, swimming pools and outdoor grills, whirlpool-type tubs/spas/hot tubs, communications equipment/wiring, functionality of smoke/CO detectors, lightning arrest systems, fences/gates/landscape improvements, wells, pumps and well equipment, solar energy equipment, EFIS surfaces, aesthetic/cosmetic defects, water treatment equipment, central vacuum systems, A/V and intercom equipment, low voltage lighting, carbon monoxide/gas leaks, the presence of molds, allergens, respiratory irritants, skin/eye irritants, or other air-quality issues, household pests and/or vermin. Any comments regarding excluded systems and items are for informational purposes only and are not part of the inspection.

INSPECTOR agrees to perform a visual, non evasive, inspection of the home/building and to provide CLIENT with a written inspection report identifying the defects that INSPECTOR both observed and deemed material.  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. This report is relayed to the client, whose responsibility it is to read, interpret and act upon it. A licensed contractor should evaluate all noted concerns and adjacent areas.  Inspector denies any liability, as he has no authority to require that any party accomplish anything mentioned or suggested in this report.

The inspection and report are performed and prepared for the use of CLIENT, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repairpersons, and other interested parties. INSPECTOR accepts no responsibility for use or misinterpretation by third parties.  INSPECTOR’S inspection of the property and the accompanying 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 home/building 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.

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 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 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.

INSPECTOR does not perform any other job function requiring an occupational license in the jurisdiction where the inspection is taking place.

 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 after Client has received the inspection report from Inspector, and (2) Access to the premises.  Failure to comply with the above conditions will release INSPECTOR and its agents from any and all obligations or liability of any kind. Client assumes the risk of all losses greater than the fee paid for the inspection. In the event of a claim by the Client that an installed system or component of the premises which was inspected by the Inspector was not in the condition reported by the Inspector, the Client agrees to notify the Inspector at least 72 hours prior to repairing or replacing any such system or component. The Client must allow the Inspector to re-inspect the installed system before any repairs or replacement is started, unless such repairs or replacement must be made immediately for safety reasons. The Client further agrees that the Inspector is liable only if there has been a complete failure to follow the standards & recommendations included in the report. CLIENT agrees to submit, in lieu of litigation, any disputes which may arise in connection with the Inspection of the subject property, to mediation / arbitration under the Rules of the National Association of Certified Home Inspectors’ Alternate Dispute Resolution Service. The Client and Inspector acknowledge that they are bound by the Terms and Conditions of the Inspection Agreement, and that the outcome of any mediation and/or arbitration may be based upon those very Terms and Conditions, and with substantial compliance with the Standards of Practice of NACHI. The Client further agrees to be responsible for all costs associated with the request for mediation/arbitration. The Client understands that, under the Terms of this Agreement, mediation and arbitration proceedings shall be governed and followed as prescribed under the Rules for Mediation, and the Rules for Arbitration, are set forth by ADRS. Proceedings shall first attempt to reach a voluntary settlement under the Rules for Mediation. Should mediation fail to produce a voluntary settlement, and based upon information conveyed during the proceedings, ADRS shall then render a final decision as to the outcome of the action sought under its Rules regarding Arbitration. Both Parties agree to hold the Mediator / Arbitrator, NACHI, and ADRS, harmless from the results of any sought action, or resolution reached through the process.  The parties agree that any litigation subsequent to the ADRS process shall be filed only in the Court having jurisdiction in the County in which the INSPECTOR has his principal place of residence / business. In the event that CLIENT fails to prove any adverse 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 agrees to hold any and all real estate agents involved in the purchase of the property to be inspected harmless and keep them exonerated from all loss, damage, liability or expense occasioned or claimed by reasons of acts or neglects of the INSPECTOR or his employees or visitors or of independent contractors engaged or paid by INSPECTOR for the purpose of inspecting the subject home.

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.

USE BY OTHERS: This inspection report is for the exclusive use of below-signed client. This report and its contents cannot be relied upon by anyone outside of this direct transaction. Inspector and Company shall be held harmless for any third party use of Inspection Report

Payment of the fee to INSPECTOR (less any deposit noted above) is due upon completion of the on-site inspection. The inspection report will be held until Inspector has received payment for the 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.

I agree and understand that if a specific component or condition is recommended by JD Associates Home Inspection Service Inc. for service and that such service is not undertaken and documented, that JD Associates Home Inspection Services Inc. shall be held harmless for any subsequently alleged defects or deficiencies regarding that specific component or condition.

CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.  Please read the agreement completely and sign on the Client line

Dan Smart______________________________________________ INSPECTOR          

X                                                                                                             CLIENT