This Agreement is made between: Client:("Client") Inspector: Michelle Fleckner, Flicker Indoor Air Solutions ("Inspector")
Purpose The purpose of this Limited/Restricted Mold Sampling Agreement is to identify the potential presence of mold in designated areas of the Property/Location, as specified by the Client.
Limited / Restricted Mold Sampling Description
The Inspector will conduct limited mold sampling as requested by the Client. Sampling will include three (3), five (5), or seven (7) interior air samples taken from common areas designated by the Client.
One (1) exterior air sample will also be collected to serve as a control sample and will be counted as part of the total number of samples.
All collected samples will be submitted for laboratory analysis to identify the presence and types of mold species detected.
Important:
This is a limited/restricted sampling. Areas not included in the sampling may still contain mold that will not be detected or reported as part of this inspection.
This is not a comprehensive mold inspection. Results are based solely on the samples collected. The Inspector does not perform remediation, cleaning, or repair. The Inspector is not responsible for mold in areas not sampled. This sampling does not guarantee that the property is mold-free. The Inspector makes no warranties, express or implied, regarding the completeness, accuracy, or effectiveness of the sampling results. 4. Limitation of Liability To the fullest extent permitted by law: The Inspector's total liability is limited to the fee paid for these services for this limited/restricted sampling. The Inspector shall not be liable for indirect, incidental, consequential, or special damages, including but not limited to property damage, personal injury, or health effects.
The Client agrees to indemnify, defend, and hold harmless Flicker Indoor Air Solutions, its employees, agents, and affiliates from any claims, liabilities, or damages arising out of or related to: The Client's use of the sampling results; Actions taken based on those results; The presence of mold in areas not sampled.
It is understood and agreed that the Inspector and the Laboratory are not insurers, and any report provided under this Agreement shall not be construed as a warranty or guarantee of performance, adequacy, or condition of any structure, item, or system at the property. The Client hereby releases and holds harmless the Inspector, the Laboratory, and their respective agents and employees ("Indemnified Parties") from any and all claims, causes of action, demands, costs, expenses, judgments, losses, or damages whatsoever (including attorney's fees, litigation expenses, and court costs) arising out of the Indemnified Parties' performance under this Agreement.
Limitation of Damages In the event the Inspector and/or Laboratory are found liable due to breach of this Agreement, negligence, misrepresentation, or any other theory of liability, the total sum of liability shall not exceed the fee paid by the Client for the inspection and report.
Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. The exclusive venue for any action arising under or in connection with this Agreement shall be in the State Courts of Buncombe County, North Carolina. Each party waives trial by jury in any judicial proceeding involving, directly or indirectly, any matter arising out of or related to this Agreement or the relationship established hereunder.
Fees The total fee based upon the number of samples requested includes collection and laboratory analysis of three, five or seven interior samples with the undertand one exterior control sample will count as controlled sample. Additional samples or services require a separate agreement and additional fees.
Client Acknowledgment By signing below, the Client acknowledges and agrees that: They understand the limited/restricted nature of this sampling. Results are recommendations only and not a remediation plan. The Inspector is not liable for mold outside of sampled areas. The Inspector is not responsible for personal health issues, property damage, or other consequences related to mold.
Inspector Name: Michelle Fleckner
Inspector Signature: