This is a private, business-to-business membership agreement ("agreement") between Mountain Inspection Support Association ("MISA") and the professional home inspection company ("Inspector" or "Member"). The limitations and protections afforded herein for "MISA" also apply to MISA's agents, employees, officers, directors, shareholders, and owners.
Whereas, MISA is agrees to provide education, support, consultation, and dispute resolution services for home inspectors under the terms and conditions of this agreement. The inspector understands he/she is not transferring, providing, or selling products, services, warranties or insurance of any type directly or indirectly to the general public including the inspector's clients.
1. Read and Understood. Inspector has carefully read and fully understands the membership requirements. The complete terms may be viewed at http://www.mountainassociation.org/agreement/.
MISA may alter the terms of its membership requirements at any time by posting updates on its website; however, any change in the terms of any MISA membership requirement will apply to inspections submitted prior to the date MISA posts the updated requirements on its website.
2. Membership Benefits. Member understands that MISA will provide the following benefits to its members. They will be accessible through MISA's website: free education and training courses; free documents and videos; free instruction on providing customer service, limiting liability and the reducing the likelihood of complaints; free consultation services; free review and critique of inspection reports upon request; free articles on how to document inspections to prepare for complaints; exclusive access to additional online inspection education and training; free sample agreement that helps limit liability; free tools to help limit liability and minimize the damage of complaints, including guarantee templates that the Member can use to help release the Member for any liability outside of the scope of the personal guarantee; free consultation with a MISA expert in the event of a complaint; reimbursement for expenses that are incurred by the inspector as the result of an inspection performed as a MISA member (limitations apply, see 100-Day Inspection Coverage Certificate); and free alternative inspection arbitration services. The more inspections an inspector performs, the more Support and Benefits the inspector receives all year-round. Some membership benefits are based a upon a 100-day term; the free alternate dispute resolution services is based upon a 180-day term. The consultation and support are scaled and based upon the number of inspections the inspector performs and submits to MISA.
3. 100-Day Inspection Certificate. Inspector understands the 100-Day Inspection Certificate is a marketing piece designed for the inspector to bring added value to their inspection service. MISA promises to provide a reimbursement payment, or a limited monetary gift, to the property inspector. It may cover the expenses incurred by the inspector in resolving a dispute or complaint arising from an inspection, including costs to repair or replace items if any such items fail or become inoperable, subject to the terms and conditions of the 100-Day Inspection Coverage Certificate.
If the Inspector makes use of MISA's education, arbitration, consultation, and documentation, Inspector will significantly reduce customer complaints. Inspector should not have to pay their client any refund or any out-of-pocket expenses in resolving disputes or complaints. If they do, MISA will reimburse the inspector (according to the terms and conditions of the 100-Day Inspection Coverage Certificate).
4. Membership Fee. It is $100 per year. Membership fee is waived for members of InterNACHI (International Association of Certified Home Inspectors www.nachi.org).
5. Eligibility Requirements. To be eligible for membership at MISA, the inspector must be a member in good standing of one of the following organizations: ASHI, CAHPI, CREIA, FABI, ISHI, InterNACHI, or TREC. MISA allows only professional property inspectors to join MISA. MISA does not conduct business with the general public. By entering in this agreement, the inspector represents that he/she is a member in good standing of at least one of the aforementioned organizations. If inspector is not, MISA will not provide any support to the inspector. If inspector falsely represents to MISA that inspector is a member of one or more of these organizations, inspector agrees to fully indemnify MISA for all damages incurred as a result of such representation, including, but not limited to, damages paid by MISA and costs and attorney's fees.
6. Inspection Standards / Reports and Notes. Inspector must comply with the applicable standards of practice of inspector's association and with all laws of the city, county, and state where the inspection is performed. Inspector must prepare and maintain a report of the inspection, and maintain that report and all other notes, photographs, and other relevant documents for a period of at least 121 days following the inspection.
7. Requirement to Carry Insurance. The inspector is required to carry his/her own Errors and Ommisions (E&O) Insurance and General Liability (GL) Insurance (if required by their state) as a requirement of membership to MISA.
8. Not Insurance. Not Warranty. Member understands that MISA does not offer, provide or sell home warranties or home insurance policies. Member understands that MISA does not provide products or services indirectly or indirectly to the general public including Inspector's clients. Member understands that MISA does not offer, provide or sell products or services that can be transferred to Member’s clients or the general public. Inspector understands that the membership benefit MISA refers to as the 100-day inspection coverage is an agreement between two parties, the Inspector and MISA. The inspector understands that the benefits provided by MISA includes a private agreement between the inspector and MISA, and that inspector understands he/she is not transferring, providing, or selling products, services, warranties or insurance of any type directly or indirectly to their clients.
9. No Relationship between MISA and Inspector. MISA is not an employee, agent, supervisor, or representative of the Inspector. Inspector is not an employee, agent, supervisor, or representative of MISA. Neither has the power to bind or act for the other. MISA bears no responsibility for any inspection performed by inspector.
10. Indemnification. It is the inspector's duty to know the terms of the MISA membership requirements. Inspector is not authorized to interpret the 100-day inspection coverage promise or to make representations to inspector's client on behalf of MISA about the coverage promise. In the event of any legal action against MISA arising or allegedly arising out of inspector's representations to inspector's client, or from inspector's concealment of facts from inspector's client, if MISA is found liable, inspector agrees to fully indemnify MISA for all expenses incurred by MISA in such action including, but not limited to, damages paid by MISA and costs and attorney's fees. Similarly, in the event of any legal action against MISA arising or allegedly arising out of any acts or omissions of the inspector, if MISA is found liable, inspector agrees to fully indemnify MISA for all expenses incurred by MISA in such action including, but not limited to, damages paid by MISA and costs and attorney's fees.
11. Venue; Attorney's Fees. The exclusive venue for any legal action by any person or entity against MISA, its directors, officers, shareholders, agents, or employees arising out of this promise, agreement, or inspection coverage purchased by inspector, or the facts and circumstances surrounding this agreement or coverage promise, shall be in the District Court of Boulder County, Colorado. If MISA substantially prevails in any such action, inspector shall pay MISA's reasonable attorney's fees and costs.
12. Non-assignable, not transferrable. This agreement not assignable, and inspection coverage purchased from MISA are not assignable or transferrable.
13. No Modification. This agreement may not be modified, except in a writing signed by an authorized officer of MISA.
14. Entire Agreement. This agreement correctly sets forth the final and entire terms of the agreement and it is intended as a complete and exclusive statement of the terms of the agreement. Any prior communications between MISA and inspector are merged into this agreement.
15. No Construction Against Drafter. The fact that MISA drafted this agreement should not be considered in determining the intent with regard to any term a court finds to be ambiguous.
16. Reading; Review of Counsel. Inspector certifies that inspector has carefully read every term of this agreement and the 100-day inspection certificate, that inspector has had the opportunity to have qualified counsel review them, and that inspector enters into this agreement voluntarily.