Disclaimer & Limitations on Liability
DISCLAIMER & LIMITATION OF LIABILITY
The Healthy@Home Safety Assessment assesses and characterizes home-based environmental health and safety hazards via qualitative observations conducted either in person or, remotely, via video. The information contained in the resulting evaluation report communicates any identified risks and hazards to the occupants. It also articulates a prioritized set of recommendations for addressing these risks and hazards– all with the goal of improving the health and quality of life of the occupants. Recommendations may include products and services, either sold directly by Ayaplaces LLC or through third parties.
It is understood and agreed that this evaluation will be of the readily accessible areas of the subject building and is limited to observations of apparent conditions existing only at the time of the evaluation. Latent and concealed defects and deficiencies are excluded from the evaluation. Personal property, debris, furniture, carpeting or other materials, which may impede access or limit visibility, will not be moved. Equipment, items, and systems will not be dismantled.
Maintenance, repairs, possible fixes, recommendations, and other similar items may be discussed during the evaluation and referenced in the report, but they are not to be considered technically exhaustive or cover every possible indoor or outdoor environmental health risk or safety hazard. The evaluation and report are not a compliance inspection or certification for past or present governmental codes, regulations, ordinances, statues, or special utility restrictions of any kind.
The client (“Homeowner”) agrees that Ayaplaces LLC (“Company”), its agents or employees shall not be liable or responsible for the cost of repairing or replacing any reported or unreported indoor/outdoor environmental health or safety hazard, either current or arising in the future; or for any and all claims, losses, expenses, injuries, or damages arising out of or in any way related to the reported or unreported health and safety hazard by reason of any act or omission, including breach of contract or negligence. The parties further agree that Company shall not be liable to Homeowner for any special or consequential damages, including but not limited to, personal injury, lost profits, loss of use, and costs of replacement, caused by the Company's negligence, breach of contract, or any other cause whatsoever.
Client, and any other participants in the home safety assessment, acknowledge that there are inherent risks associated with partaking in the assessment (i.e., walking through the home) and assume full responsibility for any injuries that might result from an accident that occurs during the home safety assessment.
The parties acknowledge that this evaluation and report is not intended, or to be used, as a guarantee or warranty, expressed or implied, regarding the adequacy, performance or condition of any evaluated structure, item or system. The parties further acknowledge that Contractor is not an insurer and that the evaluation and report are not insurance against any health and safety hazard condition(s).
Notwithstanding the foregoing, it is understood and agreed that if Contractor is found liable to Homeowner as a result of failure to perform any of its obligations, including but not limited to, failure as a result of negligence, breach of agreement, or otherwise, the liability of Contractor, its agents and employees shall be limited to a sum equal to the amount of the fee paid by the Homeowner for the evaluation and report.
DISPUTE RESOLUTION/MANDATORY BINDING ARBITRATION
Any disputes that arise out of the relationship between the parties will first be resolved through friendly negotiations amongst the parties. If the parties cannot resolve a dispute then a process of Mandatory and Binding Arbitrations shall be pursued jointly. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, CA before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures [and in accordance with the Expedited Procedures in those Rules] [or pursuant to JAMS' Streamlined Arbitration Rules and Procedures]. Judgment on the Award by the Appointed Arbitrator shall be binding on all parties and may be entered in any court having jurisdiction. Any and all costs of the Arbitration process shall be equally shared by all parties.