InterNACHI's Radon Testing Agreement

1. The property is at ___________________________________________.
2. You will pay us ________________ .  You must pay us in advance.
3. We or our subcontractor will test for radon at the property to measure the radon level. We will perform the radon testing in accordance with current industry standards.  We will do this by installing devices and/or equipment at the proerty.  These will be at the property for at least 48 hours, but possibly longer.  We will then retrieve them and provide you with a written report.
4. This Agreement is for testing only.  As a courtesy, we may offer comments related to radon mitigation, but these comments are not part of the report.  We are not radon mitigation professionals.
5. The radon testing only determine the radon level in the air during the time of the test. It is not a guarantee of future levels or a comprehensive environmental assessment. Radon levels can fluctuate daily and seasonally, and may be impacted by weather, barometric pressure, and changes to the property or its systems/components.
6. The report is supplementary to the seller’s disclosure.
7. The report is for your use.  We are not liable for use or misinterpretation by third parties. 
8. The report not valid if our "closed house" instructions were disregarded or if our devices or equipment was interfered with.
9. You grant us permission to discuss our observations and test results with real estate agents, owners, repair persons, and other interested parties.  
10. Our inspection and the report are not a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the property.  We expressly disclaim all warranties, expressor implied, including warranties of merchantability and fitness for a particular purpose, to the fullest extent allowed by law.
11. Radon is a colorless, odorless, radioactive gas that may be harmful to humans.  The amount of radon in the air is measured in picocuries of radon gas per liter of air, or “pCi/L.”  While any radon exposure creates some risk to health, the EPA considers a level of 4 pCi/L or higher dangerous and recommends that you take remedial measures to reduce the radon level.
12. You agree that our liability (and that of our agents, employees, etc.) for claims arising out of this Agreement shall be limited to  an amount equal to the fee you paid us.  You waive any claim for consequential, exemplary, special or incidental damages, or for the loss of the use of the property.  You acknowledge that this damages limitation is not intended as a penalty but is intended to: (i) reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) allocate risk among us; and (iii) enable us to perform the inspection at the stated fee.
13. You agree that our liability (and that of our agents, employees, etc.) for claims arising out of this Agreement shall be limited to liquidated damages in an amount equal to the fee you paid us. You waive any claim for consequential, exemplary, special or incidental damages, or for the loss of the use of the property.  You acknowledge that the liquidated damages are not intended as a penalty but are intended to: (i) reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) allocate risk among us; and (iii) enable us to perform the inspection at the stated fee.
14. The exclusive venue for any action arising out of this Agreement shall be in the county where we have our principal place of business. In any such action, the court must award the prevailing party attorney’s fees and costs. 
15. If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect.  This Agreement represents our entire agreement between the parties.  All prior communications are merged into this Agreement.  There are no terms or promises other than those in this Agreement.  No statement or promise allegedly made after the execution of this Agreement shall be binding unless reduced to writing and signed by us.  Any modification to this Agreement must be in a writing signed by you and us.  This Agreement binds the successors of the parties. 
16. You will have no cause of action against us after one year from the date of the inspection.
17. If you are a corporation, LLC, or similar entity, the person signing this Agreement on behalf of the entity personally guarantees payment of the fee by the entity.

I HAVE CAREFULLY READ THIS AGREEMENT AND HAVE RECEIVED A COPY

___________________________________________________

CLIENT                                                                       (Date)

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Useful Links

"Radon Test In Progress" Notice
Radon Testing Waiver
Radon Mitigation System Inspection Checklist and SOP
International Standards of Practice for Inspecting Radon Mitigation Systems
Deaths from Radon Chart
Advanced Radon Measurement Service Provider Course
International Association of Certified Indoor Air Consultants (IAC2)