CASp Legal Agreement

CASp Legal Agreement

This CASp Legal Agreement (the Agreement) is made and entered into as of Date: by and between Provider Name: , Entity Type: Individual Corporation LLC Other , with principal place of business at (Provider), and Client Name: , with principal place of business at (Client). Provider and Client are each a Party and together the Parties.

RECITALS

WHEREAS, Provider is a Certified Access Specialist qualified to perform accessibility inspections and to prepare a CASp inspection report evaluating compliance with applicable accessibility standards and regulations; and

WHEREAS, Client desires Provider to perform a site inspection, testing and reporting for the property described below and to deliver any required certification documents, and Provider is willing to perform such services on the terms and conditions set forth in this Agreement; and

WHEREAS, the Parties intend by this Agreement to allocate the risks, responsibilities, and remedies associated with the CASp services to be provided by Provider.

NOW, THEREFORE

In consideration of the mutual covenants and agreements contained in this Agreement, the Parties agree as follows:

1. DEFINITIONS

1.1 "CASp Report" means the written inspection report prepared by Provider documenting the results of the accessibility inspection and any recommendations for correction. 1.2 "Services" means the inspection, testing, measurement, analysis, report preparation, and certification tasks described in Section 2. 1.3 "Property" means the location to be inspected:

2. SCOPE OF SERVICES

Provider shall perform a physical inspection of the Property to assess the conditions relevant to applicable accessibility standards. Provider shall: (a) conduct measurements, tests and observations reasonably necessary to evaluate accessible routes, parking, entrances, signage, restrooms, and other accessible elements; (b) prepare a CASp Report identifying noncompliant conditions and recommended corrective actions; and (c) deliver the CASp Report in accordance with the schedule set forth in Section 3. Provider's Services do not include design, construction, corrections, or legal advice.

3. SCHEDULE AND DELIVERABLES

Provider shall commence Services upon receipt of the signed Agreement and any required deposit, and shall use commercially reasonable efforts to complete the inspection and deliver the CASp Report by Completion Date: . Time is of the essence with respect to scheduled site access dates.

4. FEES, EXPENSES, AND PAYMENT

Client shall pay Provider professional fees for the Services in the amount of and reimbursement of reasonable out‑of‑pocket expenses. Unless otherwise agreed in writing, a deposit of is due upon execution. Provider shall invoice Client and payment is due within days of invoice. Late payments shall accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.

5. CHANGES; ADDITIONAL SERVICES

Any material changes to the Scope of Services requested by Client shall be performed only upon a written change order signed by both Parties. Provider shall be entitled to additional compensation and an extension of schedule for any additional services requested by Client or required due to concealed conditions.

6. CLIENT OBLIGATIONS; SITE ACCESS

Client shall provide Provider safe and timely access to the Property, all available building plans, and reasonable cooperation necessary for Provider to perform the Services. Client warrants that it has authority to grant access and to authorize inspection activities. Provider is not responsible for latent or hidden conditions not reasonably discoverable by visual inspection unless inspection procedures expressly include invasive or destructive testing.

7. CONFIDENTIALITY

Each Party shall treat as confidential all nonpublic information obtained from the other Party in connection with the Services. Confidential information shall not include information that is or becomes public through no fault of the receiving Party, or is independently developed or lawfully obtained from a third party. Provider may disclose Confidential Information to comply with legal obligations, provided Provider uses reasonable efforts to provide prompt notice to Client when permitted.

8. INSURANCE; INDEMNITY

Provider shall maintain professional liability and commercial general liability insurance in amounts customary for Provider's profession. Client shall indemnify, defend and hold harmless Provider and its personnel from and against claims, liabilities, losses and expenses arising out of Client's breach of this Agreement, Client's negligence, or Client's failure to provide safe access, except to the extent caused by Provider's gross negligence or willful misconduct. Provider's indemnity obligations, if any, shall be limited to direct damages caused by Provider's gross negligence or willful misconduct.

9. LIMITATION OF LIABILITY

Except for liability arising from gross negligence or willful misconduct, Provider's total aggregate liability to Client for any and all claims arising out of this Agreement shall not exceed the total fees paid by Client to Provider under this Agreement. In no event shall Provider be liable for consequential, incidental, indirect, special or punitive damages.

10. TERM AND TERMINATION

This Agreement shall commence on the date first written above and shall terminate upon completion of the Services and delivery of the CASp Report and any agreed deliverables, unless earlier terminated as provided herein. Either Party may terminate for material breach upon thirty (30) days' prior written notice if the breach remains uncured. Upon termination Client shall pay Provider for Services performed and expenses incurred through the effective date of termination.

11. NOTICES

All notices under this Agreement shall be in writing and delivered to the Parties at their respective addresses below by personal delivery, certified mail, or overnight courier and shall be effective upon receipt.

12. AMENDMENTS; WAIVER

No amendment or modification of this Agreement shall be effective unless made in writing and signed by authorized representatives of both Parties. No failure or delay by either Party in exercising any right shall operate as a waiver of that right.

13. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflicts of laws principles. This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior agreements and understandings. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. COUNTERPARTS

This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute one instrument.

Sign Now