Profound LLC, DBA Profound Home Inspections 

HOME INSPECTION AGREEMENT (Please read carefully)

 

THIS AGREEMENT is made and entered into on {{CURRENT_DATE}}, by and between Profound LLC,
referred to in this agreement as "PHI" or "Inspector," and {{CLIENT_NAME}}, referred to as Client.
In consideration of the conditions, obligations and terms of this Agreement, the parties agree as follows:
1. General – The Client will pay Profound LLC in the sum of ${{PRICE}} for the Home Inspection of the
property, being the residence, and attached garage, (if applicable), located at {{ADDRESS}} which will
include {{SERVICES}} for {{ADDRESS}}. Radon testing, Sewer Lateral Scope Inspections and/or WDO
(termite) Inspections will be performed by a qualified/licensed third party as applicable.
2. Scope of Inspection – The purpose of this inspection is to identify and disclose visually observable
significant deficiencies of the inspected systems and items that were visible at the time of the Inspection
only. Latent and concealed defects and deficiencies that could only be found through invasive or
destructive means are excluded from the Inspection. This Inspection pertains only to the conditions as
existing at the time of Inspection. PHI is not an insurer against any future changes of condition. By
signing this Agreement, the Client acknowledges that any changes in future conditions (e.g. rainfall, lack
of rainfall, snowfall, lack of maintenance, heavy use) may reveal problems that were not visible at the
time of inspection.
3. Outside the Scope of the Inspection – The Client understands this Inspection is not intended to be
quantitative, technically exhaustive, Nor is it considered to be a GUARANTEE OR WARRANTY, EXPRESSED
OR IMPLIED, regarding the operation, function, or future reliability of the Property and its items and
components. AND IT SHOULD NOT BE RELIED ON AS SUCH. Not all improvements or defects will be
identified during this Inspection. Unexpected repairs should still be anticipated. PHI shall not be held
responsible or liable for any repairs or replacements with regards to this Property, systems,
components, or the contents therein as the information contained in the Inspection Report expires at
the completion of the Inspection. PHI is neither a guarantor nor an insurer.
4. Standards of Practice – The parties agree that the Standards of Practice (the Standards), as defined by
the American Society of Home Inspectors (ASHI) shall define the standard of duty and the conditions,
limitations, and exclusions of the Inspection and incorporated by reference therein. The Standards can
be viewed here: ASHI SOP. Specific systems inspected are roof, exterior wall coverings, grading,
drainage, vegetation against structure, plumbing, electrical, heating and cooling, interiors, foundation
and structure, insulation and ventilation, fireplaces, and major household appliances.
5. Disclaimer of Comments – There may be comments made in the Inspection "Report", that exceed the
required reporting of the ASHI Standards of Practice. These comments (if present) were made as a
courtesy to give you as much information as possible about the Property. Exceeding the Standards of
Practice will only happen when the Inspector feels he or she has the experience, knowledge, and or the
material evidence to do so. There should be no expectation that the Standards of Practice will be
exceeded throughout the Inspection. Any comments made that do exceed the standards will be
followed by a recommendation for further evaluation and/or repairs by applicable tradespeople.

6. Inspection of Components – The Client understands that areas or components that were not readily
visible or accessible, blocked by personal belongings, or inaccessible due to clearance or safety concerns
are excluded from this Inspection. The water, power, and gas services (as applicable) are recommended
to be on at the time of Inspection. If any of these utilities are not on, the Inspection will be conducted as
normal, while any items or components relying on these services will be excluded from the Inspection. If
a re-inspection of any of these items is desired after these services are activated or access is made
available, a minimum of a $150.00 trip fee will apply.
7. Exclusion from the Inspection – Systems, components, and conditions which are not within the scope
of this inspection include, but are not limited to: radon, mold, formaldehyde, lead paint, asbestos,
Chinese drywall, carbon monoxide, toxic or flammable materials, other environmental hazards, pest /
termite infestation, cockroaches, detached buildings/structures, security and fire protection systems,
reporting on recalled appliances/items/components, gas furnace heat exchangers, EIFS or Stucco wall
claddings, treatments to windows, interior walls, and ceilings and floors (wallpaper, paint, carpet, floor
tile, ceiling tiles, blinds and drapery), central vacuum systems, recreational equipment or facilities,
private well and septic systems, solar heating systems, sprinkler systems, fences and gates, water
treatment systems, telephone, intercom, cable TV or electronic cabling systems, antennae, lightning
arrestors, electric generators, hot tubs, steam baths/showers, swimming pools, barbecues, storm
windows and storm doors, or engineering survey of geological conditions. The Client understands that
these conditions, systems, and related components are exempt from this Inspection. Any general verbal
discussions about these systems, components, and conditions are only informal and are not to be relied
upon by the Client. Any observations made of the possible presence of mold, asbestos, lead based paint
or insect infestations are provided as a courtesy and are outside the scope of this Inspection. The Client
understands that follow-up evaluations on such referenced conditions should be made by qualified
contractors performing Inspections and corrections within the scope of those conditions.
8. Third Party Inspection Recommendations – The Client is highly recommended to have a Pest /
Termite inspection accompanied by a WDO Inspection Report. PHI does not report on the presence of
WDO infestation or related damage that may be concealed or latent.
9. Repair Recommendations – It is the responsibility of the Client to follow the recommendations made
in the report in regards to repairs, replacement, further evaluation, and consultation with seller(s) or
sellers representatives. Failure to follow recommendations may result in further damage and failure to
discover possible additional defects by recommended tradespeople due to their expertise and invasive,
technically exhaustive evaluations.
10. Exclusivity of Report – The Inspection and Report are performed and prepared for the sole and
exclusive use and possession of the Client(s). The clients direct real estate representative are named as
licensee(s) of the Report. No other person or entity may rely on the Report issued pursuant to this
Agreement. PHI accepts no responsibility for use or misinterpretation by third parties. In the event that
any person(s), not the party to this Agreement, makes any claim against PHI, its employees or agents,
arising out of the services performed by under this Agreement, the Client agrees to indemnify, defend
and hold harmless PHI from any and all damages, expenses, costs and attorney fees arising from such a
claim. You give PHI permission to discuss our observations with real estate agents, owners,
repairpersons, client(s) lender or other interested parties.
11. Report Qualification – The information provided in the Report is based upon the opinion of PHI. The
Report should not be considered an all-inclusive list of conditions on the Property, some of which could

be missed by the Inspector, nor is the Inspection intended to eliminate all risk on the Clients behalf. The
Report shall not be considered a compliance inspection or certification for past or present governmental
code or zoning regulations of any kind. The Report shall also not determine the insurability of the
Property or any of its items or components. Verbal comments made during the Inspection are
considered a courtesy and will be superseded by comments made in the actual bargained-for Inspection
Report. This Report, in its entirety, consists of the Inspection Report and the Agreement. The Report is
only supplementary to the seller's disclosure and termite inspection (WDO) report, or other third party.
12. Client Participation – The Client is encouraged to participate in the Inspection, but the Client does so
at his/her own risk. PHI shall have no liability for Covid-19 transmission, personal injury, property
damage, or any other damage resulting from Client participation in the Inspection. The Client is
prohibited from following inspector to hazardous areas including but not limited to rooftops, sub-areas,
decks with insufficient railings, and Clients are prohibited from being in close proximity to hazardous
items during inspection like electrical panels.
13. Report Modifications – PHI reserves the right to make revisions or to add an addendum to the
original report up to (2) business days after the Inspection or before the end of the contingency period,
whichever is later.
14. Right to Terminate – PHI reserves the right to terminate this Agreement and Inspection due to initial
conditions found at the Property; including but not limited to: environmental concerns, hoarding
conditions, unsanitary conditions (roach, flea, rodent infestation), large dogs present, major state of
disrepair due to neglect, conflict of interest, etc.
15. Limitations of Services – PHI does not perform engineering, architectural, plumbing or any other job
function requiring an occupational license in the jurisdiction where the Property is located. If PHI holds a
valid occupational license, we may inform you of this, and you may hire PHI to perform additional
functions. Any agreement for such additional services shall be in separate writing and signed by both
parties.
16. Notice of Claim – If you believe you have a claim against PHI, the Client agrees to provide us with the
following: (1) written notification of your claim within ten (10) days of discovery in sufficient detail and
with sufficient supporting documents that PHI can reasonably evaluate; and (2) Client agrees to allow
PHI to re-inspect the claimed discrepancy, with the exception of emergency conditions, before Client or
Client's agents, employees or independent contractor's repairs, replaces, alters or modifies the claimed
discrepancy. The Client understands and agrees that any failure to notify PHI as stated above shall
constitute a waiver of any, and all claims Client may have against PHI. PHI shall not be liable under any
circumstances for any exemplary, consequential, or punitive damages or bodily injury of any nature.
Furthermore, unless contrary to applicable law, any legal action must be brought within one (1) year
from the date of the Inspection, failure to bring said action within one (1) year of the date of the
Inspection is a full and complete waiver of any rights, actions, or causes of actions that may have arisen
therefrom. Time is expressly of the essence herein. It is understood that the time limit for this action
may be less than laws applicable under the state of Kansas.
17. Limitation of Damages – The Parties agree that PHI and its employees are limited in liability to the
fee paid for the Inspection services and Report in the event that Client or any third-party claims that the
Inspector is in any way liable for negligently performing the Inspection or in preparing the Inspection
report.

18. Mediation – Any dispute, controversy, interpretation, or claim of any kind arising out of, from, or
related to the Inspection, this Agreement, written Inspection Report, or the services provided in relation
to this Agreement shall be submitted to mediation prior to filing any action. In the event the parties
cannot mutually agree upon the selection of a mediator, the parties agree that the Kansas Association of
Real Estate Inspectors shall select the mediator. The mediator’s fees shall be borne equally by the
parties to this Agreement.
19. Attorney Fees and Cost – In the event that the Client fails to prove any claims of negligence or
breach of contract against PHI in litigation, the Client agrees to pay all legal costs, expenses, and fees of
PHI in defending said claims.
20. Governing Law Serve Ability and Binding Effect – This agreement shall be governed by Kansas law.
Should any court determine and declare that any portion of this Agreement is void, voidable, or
unenforceable, the remaining provisions and portions shall remain in full force and effect. This
Agreement contains the entire Agreement between the parties and it supersedes any previous oral or
written agreement. No other representations, promises, statements or assertions have been made by
the parties, and no statements or promises have been relied upon by either, absent the provisions set
forth herein.
21. Entire Report and Electronic Approval – This Agreement contains the entire agreement between the
parties and applies to both the initial inspection performed and any re-inspections, if applicable. If a re-
inspection is requested, the fee will be one-half the cost of the original inspection, and the items to be
re-inspected must be accompanied by a contractor's invoice describing said repairs. Any modifications
to this Agreement must be in writing and signed by all the parties hereto. If multiple Clients are named
in this Agreement, the signing or acknowledging party agrees that they have authority to sign on behalf
of all interested parties. Your acceptance and execution of this Agreement shall be made by electronic
acknowledgment. You agree that your electronic acknowledgment of this Agreement shall be
considered the equivalent of your written signature. This Agreement may be executed in multiple
counter parts and shall be deemed original and binding by all the parties.
THE CLIENT HAS CAREFULLY READ THIS ENTIRE AGREEMENT AND ACCEPTS AND UNDERSTANDS IT AS
HEREBY ACKNOWLEDGED BY THE DATE SET FORTH ABOVE