HOLD HARMLESS OR INDEMNIFICATION
AGREEMENT
NOTE: This
document affects your legal rights. Do
not sign it until you have thoroughly read it and understand its provisions.
* * * *
You are the first party to
this agreement, hereinafter referred to as “I”; the second party(ies) to this
agreement is James Lucas dba Jim Lucas Enterprises, Inc., hereinafter referred
to as Jim Lucas Enterprises and/or The American Institute of Inspectors and/or
Certified Inspector Training, Inc.; the homeowners, et al, as outlined below,
are referred to as the third party.
The purpose of the training
and consultation you are about to receive is to familiarize you with the forms,
functions, and procedures of a thorough home inspection. To accomplish this, it will be necessary for
you to devote your total attention to attendance and to the assignments of the
training. Following this plan, we are
confident that at the conclusion of the training you will be competent to
perform home inspections and be comfortable with the process.
I, the undersigned have
registered for this training of my own free will, paid a fee for the instruction,
and intend to operate my inspection business as an independent contractor. I agree to indemnify, defend and hold
harmless the second party from and against all actions, claims or demands, and
against all costs, expenses, and attorneys’ fees arising directly or indirectly
out of actual or alleged injury to any person or property as an actual or
alleged result of the activities conducted by the second party. In the course of, or as a result of, the
instruction I agree to hold the second party harmless for any damages, claims
or misrepresentations of the instructions given. This Hold Harmless Agreement shall be applicable to and include
any actual or alleged injuries or loss sustained by the property owners of the properties
to be inspected during the training session, and their lessors, guests and/or
invitees.
I hereby release the second
parties from liability for any and all injuries that I might suffer as a result
of the negligence or other actions that might occur during the training
period. I understand that climbing and
crawling during the training, and transportation to and from class have
inherent dangers, and I do accept responsibility for my own well being
specifically regarding, but not limited to, the training. By my signature below, I state that I have
adequate health and/or disability insurance to care for my own needs.
I further agree to release
any and all home owners, their lessors, guests, invitees and/or agents from any
and all liability for any and all injuries that I might suffer during the
training session. If any provision of
this Agreement is held to be invalid, void or unenforceable, I agree that the
remaining agreements shall nevertheless continue in full force and effect. In the event that either party initiates any
legal action or proceedings, including arbitration, under this Agreement, I
agree that the prevailing party shall be entitled to recover their reasonable
attorneys’ fees.
Refund and Cancellation Policy -- Total
refund prior to shipment of materials.
Agreed: _____________________________________ ________________________________________
Please Print Please Sign
____________________________________________ _______________________________________
Address City State Zip
Date: ________________________________