I also need feedback on this agreement with adding Thermal in

Will this cover me ? what needs added or taken away?

Inspection Agreement

Inspection Company: People’s Choice Home Inspections, LLC

Client Name: {{CLIENT_NAME}}

Property Address: {{ADDRESS}}

Please read carefully - This is a legally binding agreement that limits our liability.

  1. A fee of {{PRICE}} will be payable prior to the inspection taking place at the above address on {{INSPECTION_DATE}}.

  2. Client agrees that acceptance of or payment for the Inspection Report accepts the terms of this Inspection Agreement, even if the client has not signed this agreement or was not present at the inspection.

  3. The client understands we will perform a visual inspection of the property in accordance with the most current Standards of Practice (SOP) published by InterNACHI and report on the readily accessible systems and components, as defined by the opinion of the inspector. If the property’s governing city/state has mandatory standards that differ from the above standards, we will perform the inspection in accordance with the city/state standards.

  4. The client understands this inspection is not meant to be technically exhaustive or report on every possible defective condition. The inspector will report on items deemed to be deficient or near the end of their service life. This report is in no way a guarantee or warranty as to the operation, function, or future reliability of the home and it’s components.

  5. The client understands the Inspection Report is not a home warranty, insurance policy, guarantee, or a substitute for legal advice to purchase, not purchase or seek the opinion of a third party. Client must hire third party contractors for further evaluation at their own risk. Any third party that references or uses this report in any way does so at their own risk and releases us from any liability.

  6. The client understands the inspector will not move equipment, carpet/flooring, furniture, personal property, or any other fixtures that limit visibility or access to components of the home.

  7. Severability - Should any provision of this agreement be rendered invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement shall remain in effect.

  8. Release and Limitation of Liability - The client hereby releases My Inspection Company and its agents and employees of and from all liability and responsibility for any costs associated with the repair or replacement of unreported defects. In the event My Inspection Company and/or its agents or employees are found liable due to breach of contract or negligence, the liability shall be limited to a sum equal to the fee paid by the client for the inspection and report.

  9. The client understands that this report is prepared exclusively for your own information and is not to be relied upon by any third party or anyone acting on your behalf. If any information contained in the report shared with a third party results in a third party suing you or us, you release us from any liability and agree to pay our legal fees and costs.

  10. The client understands that if there is more than one party involved in this agreement, you are signing on behalf of all of them, and you confirm that you are authorized to do so.

I hereby acknowledge receipt, reading and full understanding of this agreement.

This is an addendum to the Agreement regarding the inspection at: __________________________________________________.

Thermal imaging (also known as thermography and infrared or IR technology) is an emerging technology that may allow the InterNACHI INSPECTOR to show you things about your home that no one can show you using other inspection methods. Thermal imaging produces images of invisible heat energy emitted from objects and systems in the home and allows me to measure it. Thermal imaging may help diagnose the problem rather than merely identify symptoms and can sometimes, but not always, identify and document: electrical faults before they cause a fire; overloaded and undersized circuits; circuit breakers in need of immediate replacement; missing, damaged and/or wet insulation; heat loss and air infiltration in walls, ceilings, floors, windows and doors; water and moisture intrusion that could lead to mold; possible pest infestation; hidden roof leaks (before they cause serious damage); air-conditioner compressor leaks; under-fastening and/or missing framing members; structural defects; broken seals in double-pane windows; energy loss and loss of system efficiency; dangerous flue leaks; damaged and/or malfunctioning radiant heating systems; unknown plumbing leaks; and overheated equipment. The color images produced can then be included in the inspection report to provide supporting documentation. One picture is worth a thousand words.

        1. CLIENT requests and authorizes INSPECTOR to perform a thermal imaging scan on the structure at __________________________________for the following purposes:  ___________________________________.  The fee for this additional service will be $_____________, all of which is due prior to delivery of the thermal images.





        2. INSPECTORs liability for any damages allegedly arising out of any aspect of the thermal imaging service shall be limited to the additional amount paid for the thermal imaging scan.  CLIENT voluntarily waives any claim for consequential, exemplary or incidental damages to the fullest extent allowed by law.





        3. The thermal imaging scan will be limited in scope to the equipment used by INSPECTOR.  The inspection will be a non-invasive and non-destructive examination of the visible and safely and readily accessible portions of the interior and/or exterior of the structure for atypical temperature/thermal variations.  NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES REGARDING FUTURE USE, HABITABILITY, OPERABILITY, SUITABILITY, OR MERCHANTABILITY WITH RESPECT TO THE SUBJECT PROPERTY ARE PROVIDED.





        4. Thermal imaging services do NOT include any inspections, examinations, testing or evaluations for harmful, dangerous, or toxic substances or materials or environmental hazards including but not limited to: mold; bio-aerosols; radon; lead; asbestos; non-biological airborne particulates; contaminants; petroleum products; petrochemicals; radioactive materials; electromagnetic radiation; or  plant, animal, or insect secretions or excretions.  Infrared cameras are not moisture meters but can aid in identifying areas that warrant further investigation.  If INSPECTOR offers any information or opinions about any of the foregoing, this information shall be deemed to be informational only and supplied as a courtesy to the CLIENT and shall not be deemed to be an amendment to this addendum or the inspection agreement.





        5. CLIENT agrees to indemnify and hold harmless INSPECTOR, its agents, employees and inspectors for the presence of any harmful, dangerous or toxic substances or materials or environmental hazards, including, but not limited to, those listed in part 4 of this addendum, as well as for any and all damages and liability for any mitigation, construction, or any other costs associated with the presence of any such hazards or substances or materials.





        6. If CLIENT desires to obtain information regarding the presence of any harmful, dangerous or toxic substances or materials or environmental hazards including, but not limited to, those listed in part 4 of this addendum, it is solely the responsibility of the CLIENT to contact and engage the services of qualified individuals or companies that specialize in the areas of specific interest or concern.  





        7.  All of the other terms of the Agreement (Inspection Contract) are incorporated herein by reference.

I have carefully read the foregoing, and I understand, accept and agree with all of the terms and conditions of this addendum.


CLIENT (Date)

I am also in the process of adding IR to their services.

I wonder why we as inspectors should feel compelled to give special treatment to IR in our PIA. While I do believe it is necessary to manage expectations in regards to its use, disclaiming its overall effectiveness should not (I think) require the addition of several long paragraphs in an already-lengthy agreement. My standard PIA states:

"Our inspection and report are not technically exhaustive and may not reveal latent defects. Our report will describe conditions at the property on the day of the inspection only, and is 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. This statement applies to technologies and practices which exceed the requirements of the TREC SOP. We disclaim all warranties, express or implied.

We don’t go through lengthy explanations and disclaimers regarding the use of non-contact thermometers, moisture meters, CO detectors, gas detectors, etc.

Why would it not suffice to have a blanket disclaimer?

Now, doing a separate thermographic analysis would, of course, require a separate contract in which it might be appropriate go into more detail regarding the limitations of the technology, but as an adjunct to the standard home inspection, I don’t see the benefit.

A few comments and an important question.

Infrared thermography has been around for decades and in use by some home inspectors for well over a decade. I would not call it emerging technology any more than I would call the Internet “emerging”.

Your opening paragraph lays out a fantastical array of all of the things that infrared thermography enables you to do, even locate underfastened framing members. All in the course of your home inspection. You state that you will use this technology to inspect accessible interior and exterior portions of the house. As a client relying on your documented claims, I would expect you to identify any and all of these conditions most anywhere they occur inside or outside of the house under any conditions, regardless of time of day, season, weather conditions, recent rainfall, power load, ambient temperature whatsoever. Reads like lawsuit bait and plaintiffs exhibit “A”.

What qualifications do you have to “measure” heat energy emission or even temperature using infrared thermography? I dont see anything on your website. Possibly plaintiffs exhibit “B”.

IMO: You’re making claims that you likely can’t substantiate, which increases vs decreases your liability.

As a consumer, theres no way in hell im going to agree to indemnify you or any other home inspector.

Why are you creating your own agreements and not using InterNACHI’s at NACHI Documents

That was my question on his PIA: (https://www.nachi.org/forum/f14/guidance-feedback-inspection-agreement-created-130126/) :shock:

I use Spectora software and this is the Agreement they have as default. Its from Internachi.

Make sure it matches the agreements in NACHI Documents . We have two lawyers on staff and they are constantly tweaking our documents.