This is an Agreement between you (“the inspector,” “your,” etc.) and CCPIA (“us,” “we,” “our,” etc.). We are a Colorado nonprofit corporation and 501(c)(6) trade association representing the interests of commercial inspectors. You want to join CCPIA or obtain free access to certain parts of CCPIA’s website. In consideration of our willingness to approve your application for membership, or if you qualify for free access to certain parts of CCPIA’s website, you agree to the following 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 that CCPIA may terminate your membership if you do not pay all sums owed when due. You understand that CCPIA will automatically renew your membership and charge you for dues unless you notify CCPIA 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 CCPIA; 1750 30th Street, Ste. 301; Boulder, CO 80301 or to [email protected].
2. Code of Ethics. You represent that you have read our Code of Ethics and agree to abide by it while you are a CCPIA memb.lr. You understand that CCPIA may terminate your membership if CCPIA determines that you violated the Code of Ethics. CCPIA may modify its Code of Ethics from time to time and such changes will be binding on you.
3. Standards of Practice. You represent that you have read CCPIA’s Standards of Practice, and you will perform all your inspections in accordance with them while you are a CCPIA member, as they may be modified from time to time, except where your jurisdiction requires a different standard.
4. Legal Protection of CCPIA / Duty to Include Language in Your Inspection Agreement. To protect CCPIA, it is important for your clients to know that CCPIA does not supervise you. It is also important that you not put CCPIA in a situation where your client sues CCPIA 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 CCPIA’s Commercial Inspection Agreement, subject to your lawyer’s revisions. Regardless of what agreement you use, you must include this language in your agreement:
You understand that CCPIA is not a party to this Agreement, has no control over us, and does not supervise us. You agree that any legal action against CCPIA itself, allegedly arising out of this Agreement or our membership in CCPIA, must be brought only in the District Court of Boulder County, Colorado. Before bringing any such action, you must provide CCPIA with 30 days’ written notice of the nature of the claim, with sufficient supporting documentation that CCPIA can intelligently evaluate it. In any action against CCPIA, 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 CCPIA in connection with any claim made against CCPIA or lawsuit filed against CCPIA arising out of any inspection you performed. CCPIA will have its choice of counsel.
5. Use of Intellectual Property / Benefits. CCPIA allows its paying members to use some of its logos and other intellectual property as a benefit of membership on such terms as CCPIA deems appropriate. Those rights terminate when membership terminates. All benefits of membership terminate when membership terminates. CCPIA may change the terms under which it allows use of its intellectual property and its benefits at any time.
6. No Guarantees or Warranties. CCPIA membership offers many benefits, including marketing your business and helping potential clients find you. However, CCPIA makes no representations that joining CCPIA will increase your revenue or generate more clients.
7. Marketing. As part of its marketing efforts, CCPIA runs online advertising campaigns which offer customers five percent (5%) off of an inspection if a customer mentions that they found the inspector on CCPIA’s directory. Members are required as a condition of membership to honor this discount unless they notify CCPIA in writing of their desire not to offer this discount at the address for disputes in section 8. If an inspector opts out, you must include a notification on your website to potential customers that the inspector does not participate in CCPIA discount programs.
8. Disputes. CCPIA strives to improve each day. If you have a complaint or concern arising out of your CCPIA membership, you will promptly email it to us at [email protected]. Similarly, if you have feedback or suggestions on how CCPIA can improve, please email those to us at [email protected].
9. Mediation. If you notify CCPIA of a complaint and we are unable to resolve it within 30 days, 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 half the mediator’s fees. The mediator will be Steve Clymer of Accord Dispute Resolution in Boulder. If he cannot serve, the mediator will be the Hon. Dick Borchers. If he cannot serve, CCPIA’s General Counsel will appoint the mediator.
10. Venue / Waiver of Trial by Jury / Attorney’s Fees. The exclusive venue for any dispute arising out of your CCPIA 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.
11. Severability. If a court invalidates any provision of this Agreement, the remaining provisions shall remain in effect.
12. Not Assignable. You may not assign your membership in CCPIA.
13. Waiver. Failure to invoke any right in this Agreement by either party shall not be a waiver of that right.
14. Governing Law. Colorado law governs this Agreement.
15. 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.
16. Voluntary Agreement. You enter into this Agreement voluntarily, free of any duress.
17. Entire Agreement. This Agreement contains all representations by CCPIA 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.
18. Modification. No alleged promise or representation of CCPIA shall be binding unless reduced to writing and signed by an authorized officer of CCPIA.