Cahill Inspection Services, Inc. P.O. Box 250282, Plano, Texas 75025, (972) 491-9919 Fax (972) 208-0290 HOME INSPECTION PROFESSIONAL CONSULTING AGREEMENT THIS IS A LEGAL AGREEMENT. PLEASE READ BEFORE SIGNING. YOU HAVE THE RIGHT TO CONSULT YOUR ATTORNEY PRIOR TO SIGNING THIS AGREEMENT. ASK QUESTIONS IF YOU ARE UNSURE. For the purpose of this agreement: CIS means any inspector, independent contractor, owner, officer, agent or employee of Cahill Inspection Services, Inc. and Cahill Inspection Services, Inc. CIS STANDARDS OF PRACTICE means a guideline document created by TREC and amended by CIS to provide clarification with some departures from TREC. The CIS Standards of Practice defines the inspection scope, limitations, exclusions and departures. CLIENT means persons or entities specified at “Client name” including all undisclosed spouse, partners, relatives or entities to this transaction. INSPECTOR means a person who is licensed by the Texas Real Estate Commission to inspect. PROPERTY means only the primary residential dwelling unit located at the “Property address” unless otherwise specified in the Report. REPORT means the written TREC report, the CIS Standards of Practice, CIS photos, CIS internet addenda references in the TREC report, other addendums and this agreement. 1. In exchange for the Inspection Fee paid to CIS by the Client, CIS shall provide the services of an Inspector to perform a limited visual inspection of the property using CIS Standards of Practice. 2. The CIS Standards define the scope and limitations of the inspection. The inspection is limited in time and scope. The inspection is solely an attempt to identify obvious adverse material deficiencies that, in the opinion of the inspector, significantly affect the performance of the item inspected. The visual inspection addresses obvious conditions at readily accessible areas which exist at the time of inspection and are recognized and subsequently judged to be deficient by the inspector. Items are operated using only normal controls or modes if, in the opinion of the inspector, consequential damage will not occur. The Inspector does not move personal or stored items to access obstructed areas; any such effort is partial in context. Discovery of deficiencies where evidence is discreet, implied or requires observation from multiple perspectives are beyond the scope of this inspection but may be commented on if recognized by happenstance. The CIS inspector is acting as a generalist and not an expert regardless of any specialty license, certification or degree the inspector may have. 3. The Report provided by CIS provides good-faith opinions or advice concerning the need for repair or replacement of certain observable items. The opinions are not statements of fact. By signing this Consulting Agreement, the Client understands that the services provided by the Inspector fall within the Professional Services Exemption of the Texas Deceptive Trade Practices Act ("DTPA") and agrees that no cause of action exists under the DTPA related to the services provided. CIS expressly reserves the right to revise opinions as information changes and welcomes further relevant information. 4. CIS opinions may not reflect: the total extent of defects or damage; defects that have been cosmetically masked to impair detection or which are discreet; conditions in inaccessible areas; defects that may have or could have been disclosed by a Sellers Disclosure or an inspection performed by an Engineer, Specialist; defects that may have or could have been disclosed by an inspection using special tools; deficiencies that may become evident later under different conditions and usage. 5. Client agrees to carefully read the report, the CIS Standards of Practice and any photos or addendum prior to purchase. Oral opinions provided by the inspector are partial in context and superseded by the written report. Client is advised to have reported items investigated by appropriate experts prior to purchasing the property. 6. If CIS’s performance is prevented by any cause, CIS shall be excused from this agreement and held harmless. 7. CIS may provide gratuitous limited comments about wood destroying insects (WDI) in the Home Inspection Report, however such is not a TDA SPCS Official Wood Destroying Insect report (WDI). Client agrees to inform CIS if they or their lender requires the Official WDI prior to closing. In some cases, CIS may be able to provide a free Official WDI. If provided, the free WDI further defines the scope of the WDI inspection. Client is advised that almost all homes experience termites. Comments about WDI or a free Official WDI is not a warranty, guarantee or insurance that the home is free of wood destroying insects or their damage. Warranties may be available for a fee from other companies. CIS is licensed and regulated by the TDA Structural Pest Control Service, P.O. Box 1927, Austin, Texas 78767-1927 (512) 305-8250 TPCL 12521. Physical record location 4305 Jenkins Drive, Plano Texas 75024 8. Exclusivity: Client gives permission to CIS to distribute and discuss Report findings with parties related to this transaction including real estate agents. 9. Client agrees to be fully responsible for themselves and any guests of the Client during the inspection. Client is advised that ladders and areas such as roofs, attics or crawl spaces are unsafe. 10. Limitations and Exclusions: Client is advised, that unless specified in the report, (1) CIS does not inspect: items other than those listed in the CIS Standards of Practice; anything buried, hidden, latent or concealed; cosmetic or aesthetic conditions; automated or programmable control systems, automatic shut-off, photoelectric sensors, timers, clocks, metering devices, signal lights, lightning arrestors, remote controls, security or data distribution systems. (2) CIS does not report: past repairs that appear or are judged by the inspector to be effective and workmanlike; finish damages that are unlikely to affect performance or unrelated to water penetration. (3) CIS does not determine: the priority, significance or ramification of deficiency discoveries; conditions prior or subsequent to inspection; insurability, warrantability, habitability, adequacy, capacity, reliability, marketability, operating costs, recalls, life expectancy, age, insulation characteristics, energy efficiency, thermostatic operation, code compliance, utility sources, manufacturer or regulatory requirements; presence or absence of pests or wood-destroying organisms; presence, absence or risk of any environmental pathogen, carcinogen, toxin or poison; types of wood, preservative treatment or fastener compatibility. (4) CIS does not warrant: absence of leakage; future performance of any item. (5) CIS does not: operate or inspect items requiring use of codes, keys, combinations or other such devices including shut-off, safety or stop valves; designate conditions as hazardous or safe; recommend or provide engineering, architectural, appraisal, mitigation, physical surveying, realty or other specialist services; review historical records, installation instructions, repair plans, cost estimates, disclosure documents, or other reports; operate or verify inaccessible drain systems, recirculation or sump pumps, pressure or pressure regulation devices; remedy conditions preventing inspection of any item; apply open flame to operate any appliance; turn on decommissioned equipment, systems or utility services; walk on roofs where eave is higher than 10 feet from ground; access steep roofs or roofs that are slippery or where damage may occur; enter crawl space areas lower than 18 inches below the joists. Client agrees that any comment by CIS regarding these limitations is partial in context, gratuitous and does not establish precedent. Many more limitations and exclusions are contained in the CIS Standards of Practice, report and addenda. 11. Attorney Fees: CIS and the Client agree that in the event any dispute or controversy arises as a result of this agreement, and the services provided the prevailing party shall be entitled to recover all of the prevailing party's reasonable and necessary attorneys' fees and costs incurred by that party. Client agrees to pay all of CIS expenses if they do not prevail on all claims. Client agrees to reimburse CIS for any CIS professional liability insurance deductible, up to $2500.00 dollars, within 30 days of any claim payment to the Client. 12. If any portion of this agreement is found to be invalid or unenforceable by any court or arbitrator the remaining terms shall remain in force between CIS and the Clients. 13. By signing this agreement Client authorizes Brink’s Home Security (Brink’s) to call Client at the phone number provided to CIS to discuss an alarm system offer. CIS discloses to Client that CIS may receive a $15 dollar administrative fee from Brink’s to arrange the free security inspection. Client holds CIS harmless for any dispute that might occur between Brink’s and Client. 14. Disclaimer of Warranties: The client understands and agrees that CIS makes no guarantee or warranty, express or implied, as to any of the following: (1) That all defects have been found or that the Inspector will pay for repair of undisclosed defects; (2) That any of the items inspected are designed or constructed in a good and workmanlike manner; (3) That any of the items inspected will continue to perform in the future as they were performing at time of the inspection; and (4) That any of the items inspected are merchantable or fit for any particular purpose. 15. Client agrees to pay the fee listed below. If Client provides CIS with credit / debt card information this agreement gives permission to CIS to process the card for the agreed fee. Return trips are subject to a $150 dollar per hour fee. Payment is due at the time of inspection and prior to report delivery. Deferred payments are subject to a $50 dollar handling fee. 16. Client agrees that prior to taking any action, legal or otherwise Client shall: (1) submit a written claim to CIS within (10) days of the deficiency discovery to the address on the top of this agreement. The written claim shall describe the suspected deficiency. (2) allow CIS, their agent or legal representative to perform a reinspection of deficiencies stated in the claim. (3) Agree not to disturb or repair the disputed item prior to a reinspection except in cases where injury or subsequent property damage may occur. IMPORTANT, SEE BELOW IMPORTANT, SEE BELOW 17. LIMITATIONS OF LIABILITY: By signing this agreement, Client understands, agrees and acknowledges that the Inspection Fee paid to CIS is small relative to the risk of liability associated with performing home inspections. Client acknowledges that without the ability to limit liability, CIS would be forced to charge Client much more than the Inspection Fee agreed upon. Client acknowledges being given the opportunity to have this Agreement reviewed by counsel of their choosing and further acknowledges the opportunity of hiring a different Inspector to perform the Inspection. By signing this Agreement, Client agrees that CIS and CIS insurance total liability is limited to the amount of the Inspection Fee paid and this liability shall be exclusive. DISPUTE RESOLUTION Any dispute, controversy, interpretation or claim, including claims for but not limited to, request for professional liability insurance compensation, breach of contract, any form of negligence, fraud or misrepresentation arising out of, from or related to this contract or arising out of, from or related to the inspection and inspection report shall be submitted for final and binding arbitration under the Rules and Procedures of the Expedited Arbitration of Home Inspection Disputes of Construction Arbitration Services, Inc. (www.cas-usa.org) pursuant to Chapter 171 of the Texas Civil Practice & Remedies Code and in accordance with this arbitration agreement. This Service Agreement, the CIS Standards of Practice and the Report shall govern the dispute and any settlement. IMPORTANT, SEE ABOVE IMPORTANT, SEE ABOVE BY MY ELECTRONIC APPROVAL SIGNATURE BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS 2 PAGE CONTRACT; THAT I UNDERSTAND THE TERMS AND CONDITIONS AND THAT I AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF THIS IS A JOINT PURCHASE, CLIENT’S SIGNATURE WARRANTS EXPRESSED CONSENT AND AUTHORITY TO SIGN FOR ALL UNSIGNED PARTIES OR PARTIES ABSENT FROM THE INSPECTION. Print

BY MY ELECTRONIC AGREEMENT BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS CONTRACT; THAT I UNDERSTAND THE TERMS AND CONDITIONS AND THAT I AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF THIS IS A JOINT PURCHASE, CLIENT’S SIGNATURE WARRANTS EXPRESSED CONSENT AND AUTHORITY TO SIGN FOR ALL UNSIGNED PARTIES OR PARTIES ABSENT FROM THE INSPECTION.

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