Liability Waiver Contract Agreement

INDOOR AIR QUALITY ASSESSMENT CONTRACT

THIS AGREEMENT LIMITS OUR LIABILITY – PLEASE READ THIS DOCUMENT AND ATTACHED ADDENDUM(S) CAREFULLY.  IT CONTAINS PROVISIONS THAT LIMIT SOME OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO MAINTAIN A COURT ACTION.  IF YOU HAVE ANY QUESTIONS REGARDING THE TERMS OF THIS AGREEMENT YOU SHOULD DISCUSS THEM WITH THE CONSULTANT PRIOR TO SIGNING THIS AGREEMENT.

PURPOSE AND SERVICE: The purpose of this Assessment is to perform an initial evaluation of current indoor air quality conditions in readily accessible living areas of the Subject Property by a visual walkthrough inspection, electronic sampling and/or laboratory analysis.

The purpose of airborne mold sampling is not to detect mold, but rather to detect the amplification of airborne mold in the indoor environment.

Only the services pre-authorized and paid by the Client will be assessed. 

The Assessment is not intended to provide medical advice or advice concerning the relative safety of an occupied space. Always consult a physician for any health-related questions or concerns. In the absence of exposure limits, results from tests for the presence of fungi in the air cannot be used to assess risks to the health of building occupants.

SCOPE OF THE ASSESSMENT: Gravelle Building Environments Inc. (hereinafter “The Consulting Company”) will perform a visual inspection, electronic sampling and/or laboratory analysis in readily accessible living areas of the indoor environment authorized by the Client in the accepted quotation. It is understood that it is not possible or feasible to examine, measure or sample for every type of environmental contaminant. This is a non-intrusive Assessment. No destructive or invasive testing is performed by the Consultant or Consulting Company. The Consulting Company does not probe, bore, pry, poke or otherwise invade any physical structure. The Consulting Company will not dismantle and/or move equipment, systems, furniture, appliances, floor coverings, wall coverings, insulation, finished or fastened surfaces or components, personal property or other items to conduct this inspection or otherwise to expose concealed or inaccessible conditions. The Client is solely responsible for making the necessary arrangements to have the areas accessible prior to the Assessment This includes for example hiring a separate contractor to drill holes, open any walls or other non-accessible areas and conduct all repairs at his/her own expense so that Consulting Company can perform sampling in those areas. The Client is solely responsible for making these arrangements and for conducting any and all repairs after the Assessment is complete. Currently there are no regulations or exposure limits for mold, therefore sampling results cannot be used to assess risks to the health of building occupants. Recommendations for remediation of microbial matter, fungal growth, or any other environmental hazards are beyond the scope of this Assessment. The Client understands and agrees that the findings and opinions provide no guarantee or assurance that the environmental condition will continue to exist at the same level after the Assessment

Only indoor air in living areas within the limited time frame provided by the service selected by the Client will be assessed. The Consulting company does not inspect or sample attics, crawlspaces, foundations, roofs, balconies, porches or any exterior areas of the structure. The consulting company suggests the Client shall seek specialized experts for any services not covered by this contract.

Outside the Scope of this Assessment: This Assessment is Not an Environmental Risk Assessment and does not include inspection or sampling and analysis of asbestos, lead, bacteria, legionella, viruses, bed bugs, pesticides, PCB, 4-PCH, PAH’s, latex, soot, irritating or allergenic material, fungal toxins, mycotoxins, endotoxins, wood rot or wood decay fungus, drinking (potable) water or any type of water testing & analysis. THIS ASSESSMENT IS NOT: A building or home inspection, designated substance survey, mitigation or remediation plan, post-fire & smoke assessment, chimney, vent, flue, gas or combustion appliance inspection, appliance inspection, electro-magnetic field inspection, roof, foundation, water intrusion or structural damage inspection, thermal imaging assessment, heating, ventilation or air-conditioning (HVAC) inspection, woodstove or fireplace inspection, hazardous or toxic chemical assessment, environmental spill assessment, plumbing, flood or water leak inspection, sewage or fecal contamination, sewage system or plumbing stack inspection, bird, insect, rodent or other pest inspection. Inspection or sampling and analysis of allergenic, irritating, toxic, poisonous or carcinogenic chemicals, infectious agents or pathogenic microbial matter are outside the scope of this Assessment. We do not inspect or sample attics, crawlspaces, foundations, balconies, porches or exterior areas of the structure.

LIMITATIONS, EXCEPTIONS AND EXCLUSIONS: Measurements, samples, findings and opinions are only reflective of the conditions at the specific time and location of sampling. This Assessment or any sampling cannot be used to prove a building is “safe” and sampling cannot be used to prove an environmental contaminant does not exist. Currently there are no regulations or exposure limits for mould, therefore sampling results cannot be used to assess risks to the health of building occupants The Consultant is a generalist and is not a Certified Industrial Hygienist, Toxicologist, Mycologist, Physician, Allergist, Engineer, or Home Inspector. If the Consulting Company recommends further action, including but not limited to consulting with a specialized expert(s), you must do so at your own expense or otherwise assume all risks associated with a failure to do so  All opinions rendered are that of the Consultant and may differ from other consultants and consulting companies.

LIMITATIONS OF AIR SAMPLING: Mould growth may occur inside building constructions and thereby be hidden and not apparent during a visual assessment. Although air sampling can be taken to increase the likelihood of identifying hidden mold, air samples are not always able to demonstrate this. In order for a hidden mold growth to be found using air sampling, fungal particles must be able to physically penetrate into the room where the sampling is performed. It is important to understand, that there is no guarantee that an air sample will reveal hidden mould growth in building construction, or for example under wallpaper, behind wall cavities, above ceilings, in HVAC ducts, underneath floors or mould growth which has been covered, caulked or painted over. Given the ability of mould to grow quickly when conditions change, samples and findings and opinions are only reflective of the conditions at the specific time and location of sampling. Variability in the measurement of airborne samples is almost always large. The number of samples taken will directly influence the statistical confidence in the data and there may insufficient data to reach a conclusion. An assessment based solely on visual inspection, without including a sufficient number of samples to support the site assessment, may be prone to false negatives. Due to potential for rapid growth (24 to 48 hours in some cases) of mold-like substances the Consulting Company cannot be held responsible for changes occurring after the Assessment is performed.

LIMITATIONS OF MOISTURE AND WATER INTRUSION DETECTION: It is important to understand that moisture conditions may be normal and dry at the time of the Assessment, however these conditions can change quickly due to changes of the outdoor environment and indoor activities.

Due to the potential ability of moisture and water intrusion conditions to change rapidly the Consulting Company cannot be held responsible for changes occurring after the Assessment is performed. This includes moisture and water intrusion problems due to changing outdoor conditions including but not limited to rainfall, snowmelt, ground thaw, ice damming, water table, wind, temperature, and humidity, sprinkler systems, or indoor conditions such as plumbing leaks, appliance leaks, water spillage, high humidity, sewer backup or drainage detected after this Assessment. The Client understands and agrees that the findings and opinions provide no guarantee or assurance that the mould or moisture condition, or lack thereof, will continue to exist at the same level after the Assessment

LIMITATION OF LIABILITY: It is understood that the Consultant, Consulting Company and laboratory are not insurers. The Assessment, sampling and report are not to be construed as a guarantee or warranty of any kind. Our sampling methods and technology is not in compliance of the with the any and all laws, rules, regulations, directives, code or other requirements of any local, provincial, federal or international governmental

authority.

The Client agrees to hold the Consultant, Consulting Company and their respective officers, agents and employees harmless from and against any and all liabilities, demands, claims, and expenses incident thereto for injuries to persons and for loss of, damage to, destruction of property, cost of repairing or replacing, or consequential damage arising out of or in connection with this Assessment. In the event that the Consultant, Consulting Company, laboratory or respective officer’s agents and/or employees are found liable due to breach of contract, negligent misrepresentation, or any other theory of liability, then the cumulative aggregate total liability of the Consulting Company shall be limited to a sum equal to the fee paid by the Client for the Assessment. Any general comments made orally, about conditions, systems or costs which are beyond the scope of this Assessment are provided as a courtesy only and do not represent or form part of the Assessment or report. The Client understands that the presence of certain types of microbial matter and environmental contaminants prevalent in buildings can pose severe health hazards. The Client agrees to hold harmless the Consultant, Consulting Company and their respective officers, and/or employees for any and all damages or responsibility for building conditions which remain undiscovered regarding the discovery of the moisture related problems and environmental or microbial contaminant(s). The Consultant, Consulting Company and their respective officers, agents and employees accept no liability or responsibility, either expressed or implied, with regard to items or problems concealed, hidden, or inaccessible during the inspection, any and all health effects, personal injuries or any financial damages that the Client and/or any occupants may incur due to this Assessment.

DECLINE FOR FURTHER SAMPLING: If the Consulting Company recommends further action, including but not limited to, performing additional samples or consulting with a specialized expert(s), the Client must do so at the Client’s own expense or otherwise assume all risks associated with any failure to take appropriate action. In the event that further sampling is recommended by the Consulting Company and the Client declines to take appropriate action, the Client acknowledges that they have been advised and encouraged to follow up on any and all recommendations and thus assumes all risks associated with any failure to take appropriate action.

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