(hereinafter referred to as "MEMBER/PARTICIPANT”) is a member of the Florida Association of Building Inspectors, Inc. (hereinafter referred to as “FABI”); WHEREAS, the MEMBER/PARTICIPANT periodically attends meetings held by FABI and participates in inspections of homes for training purposes;
WHEREAS, MEMBER/PARTICIPANT will be meeting with FABI representatives at various homes determined by FABI to conduct inspections for training purposes;
WHEREAS, FABI and MEMBER/PARTICIPANT desire to enter into this Agreement associated with the above described inspections.
NOW, THEREFORE, in exchange for a $10.00 credit by FABI to the MEMBER/PARTICIPANT, FABI’s providing valuable training to the MEMBER/PARTICIPANT and other good and valuable consideration exchanged between the parties, MEMBER/PARTICIPANT agrees as follows:
1. MEMBER/PARTICIPANT agrees not to sue FABI, its officers, directors, employees, legal representatives and agents for any personal injury or property damage arising out of his/her home inspections described in this Agreement.
2. MEMBER/PARTICIPANT acknowledges and agrees that he/she assumes the full risk of personal injury/bodily injury and property damage arising out of home inspections described in this Agreement.
3. MEMBER/PARTICIPANT agrees to indemnify and hold FABI, its officers, directors, employees, legal representatives and agents harmless from any legal or equitable claims whatsoever, including but not limited to, personal injury, bodily injury, property damages, attorney’s fees and costs arising out of the MEMBER/PARTICIPANT’s inspections of homes described in this Agreement.
4. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs of such action, including any appellate or bankruptcy proceedings associated therewith.
5. In the event of any litigation arising out of this Agreement, the parties agree that venue of any action shall be in Martin County State Court only.
