InterNACHI Membership Application

This is an Agreement between you (the inspector) and us (InterNACHI). We are a Colorado nonprofit corporation and 501(c)(6) trade association representing the interests of more than 20,000 home inspectors. You want to join InterNACHI or obtain free access to certain parts of InterNACHI’s website. In consideration of our willingness to approve your application for membership if you qualify or free access to certain parts of InterNACHI’s website, you agree to these terms:

1. Dues. If you become a paying member, you authorize us to charge your credit card or bank account for membership dues and other sums you owe us, and to sign any required forms for us to do this. You understand InterNACHI may terminate your membership if you do not pay all sums owed when due. You understand InterNACHI will automatically renew your membership and charge you for dues unless you notify InterNACHI in writing that you no longer wish to be a member at least 30 days prior to the expiration of your membership. If you elect not to renew, you must send your notice to InterNACHI, 1750 30th Street Ste 301, Boulder, CO 80301 or to the main email contact listed on our contact page.

2. Code of Ethics. You represent you have read our Code of Ethics and agree to abide by it while you are an InterNACHI member. You understand InterNACHI may terminate your membership if InterNACHI determines you violated the Code of Ethics. InterNACHI may modify its Code of Ethics from time to time and such changes will be binding on you.

3. Standards of Practice. You represent you have read our Residential Standards of Practice and Commercial Standards of Practice, and you will perform all inspections in accordance with them while you are an InterNACHI member, as they may be modified from time to time, except where your jurisdiction requires a different standard.

4. Legal Protection of InterNACHI / Duty to Include Language in Your Inspection Agreement. To protect InterNACHI, it is important for your customers to know that InterNACHI does not supervise you. It is also important that you not put InterNACHI in a situation where your client sues InterNACHI in your state. Therefore, you agree to require each client to sign a written inspection agreement prior to performing your inspection. We encourage you to use InterNACHI’s Plain English Agreement, subject to your lawyer’s revisions. No matter what agreement you use, you must include this language in your agreement:

   "You understand that InterNACHI is not a party to this Agreement, has no control over us, and does not supervise us. You agree that any legal action against InterNACHI itself, allegedly arising out of this Agreement or our membership in InterNACHI, must be brought only in the District Court of Boulder County, Colorado. Before bringing any such action, you must provide InterNACHI with 30 days’ written notice of the nature of the claim with sufficient supporting documentation that InterNACHI can intelligently evaluate it. In any action against InterNACHI, you waive trial by jury. In any such action, the court must award the prevailing party attorney’s fees and costs."

   If you fail to include this language in your agreement, you must defend and indemnify InterNACHI in connection with any claim made against InterNACHI or lawsuit filed against InterNACHI arising out of any inspection you performed.

5. Use of Intellectual Property / Benefits. InterNACHI allows its paying members to use some of its logos and other intellectual property as a benefit of membership on such terms as InterNACHI deems appropriate. Those rights terminate when membership terminates. All benefits of membership terminate when membership terminates. InterNACHI may change the terms on which it allows use of its intellectual property and its benefits at any time.

6. No Guarantees or Warranties. InterNACHI membership offers many benefits, including marketing your business and helping potential clients find you. However, InterNACHI makes no representations that joining InterNACHI will increase your revenue or generate more clients.

7. Disputes. InterNACHI strives to improve each day. If you have a complaint or concern arising out of your InterNACHI membership, you will promptly email it to us at fast-reply@internachi.org. Similarly, if you have feedback or suggestions on how InterNACHI can improve, please email those to us at fast-reply@internachi.org.

8. Mediation. If you notify InterNACHI of a complaint and we are unable to resolve it, you agree to participate in non-binding mediation with us before filing any action. The mediation will take place in Boulder, Colorado, and each side will pay 1/2 the mediator’s fees. The mediator will be Steve Clymer of Accord Dispute Resolution in Boulder. If he cannot serve, the mediator will be Steve Meyrich of Boulder. If he cannot serve, InterNACHI’s General Counsel will appoint the mediator.

9. Venue / Waiver of Jury / Attorney’s Fees. The exclusive venue for any dispute arising out of your InterNACHI membership shall be in Boulder, Colorado, unless federal jurisdiction is mandatory, in which case the exclusive venue will be the U.S. District Court in Denver. In any such action, both parties waive trial by jury. In any such action, the court must award the prevailing party their actual attorney’s fees and costs.

10. Severability. If a court invalidates any provision of this Agreement, the remaining provisions shall remain in effect

11. Not Assignable. You may not assign your membership in InterNACHI.

12. Waiver. Failure to invoke any right in this Agreement by either party shall not be a waiver of that right.

13. Governing Law. Colorado law governs this Agreement.

14. Reading / Review of Counsel. You have carefully read this Agreement. You had the opportunity to have qualified counsel review this Agreement before agreeing to it.

15. Voluntary Agreement. You enter into this Agreement voluntarily, free of any duress.

16. Entire Agreement. This Agreement contains all representations by InterNACHI to you and expresses the entire understanding between the parties with respect to the transaction at issue. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein.

17. Modification. No alleged promise or representation of InterNACHI shall be binding unless reduced to writing and signed by an authorized officer of InterNACHI.