This website does not provide specific training or skills related to self-defense, home defense, firearms training or handling, or any other training that may be offered by Stout Enterprises LLC. Any information on this website is provided solely for informational purposes, and to explain the type and method of training available in the Professional Defense Advisors programs.
By using this website, you acknowledge that any information provided on the website is not specific training and that you cannot rely on the information for training purposes. You understand that there is no guarantee that you will be able to respond adequately or appropriately to a real-life situation involving self-defense based on any information provided here.
I HAVE CAREFULLY READ THIS AGREEMENT. I AGREE TO IT AND ACKNOWLEDGE RECEIVING A COPY OF IT.
This Safety and Security Risk Inspection Agreement, dated as set forth above (this “Agreement”), is between you, the undersigned Client, and us, Stout Enterprises, LLC, an Arizona limited liability company, d/b/a Professional Defense Advisors, pertaining to our inspection of the Property at (ADDRESS): ________________________________________________________________________________
We are not “home inspectors” under Arizona law and we are not performing a “home inspection” and we will not provide a “home inspection report”, as those terms are defined under A.R.S. § 32.101.
The terms below govern this Agreement.
1. We will perform a visual inspection of the Property and provide you with a written report (1) identifying the safety and security risks that we observed and deemed material and (2) provide some safety and security recommendations regarding the Property.
2. The fee for our inspection and report is payable in full at the time of the appointment.
3. Our inspection and report are for your use only. We will discuss our observations only with persons you authorize us to do so, such as real estate agents, other owners, security persons, or other interested parties. You will be the sole owner of the report. We are not responsible for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release us (including employees and business entities) from any liability whatsoever. If you or any person acting on your behalf provide the report to a third party who then sues you and/or us, you release us from any liability and agree to pay our costs and legal fees in defending any action naming us.
4. We do not guarantee that you or anyone located on the Property, the Property or any possessions located thereon, will not experience criminal activity. We do not provide any guarantee or warranty, express or implied, regarding the safety and security of the Property or any property or persons located on the Property. Our inspection is only intended to identify certain safety and security risks and provide recommendations for improvement. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW.
5. LIMITATION ON LIABILITY AND DAMAGES.
6. You agree we have no liability for the cost of improvement or repair of identified safety and security risks or any losses associated with your Property or damage to property or persons on your Property, whether or not they were identified in our inspection report. In all cases, our liability is limited to liquidated damages in an amount not greater than the fee you paid us. You waive any claim for consequential, exemplary, special or incidental damages for the loss of property. You acknowledge that this liquidated damages is not a penalty, but that we intend it to: (i) reflect the fact that actual damages may be difficult or impractical to ascertain; (ii) allocate risk between us; and (iii) enable us to perform the inspection for the agreed-upon fee.
7. We do not provide personal security and escape plans. We may inform you of this and you may hire us to perform additional services. Any agreement for such additional services shall be in a separate writing.
8. If you believe you have a claim against us, you agree to provide us with written notification of your claim within seven days of discovery, in sufficient detail and with sufficient supporting documents that we can evaluate the claim.
9. This Agreement will be governed by and construed in accordance with the laws of the State of Arizona. You agree that the exclusive venue for any litigation arising out of this Agreement shall be in Maricopa County, Arizona, where the Property is located. If you fail to prove any claim against us, you agree to pay all our legal costs, expenses and attorney’s fees incurred in defending that claim. In any action against us, you waive trial by jury.
10. If a court declares any provision of this Agreement invalid, the remaining provisions remain in effect. This Agreement represents our entire agreement; there are no terms other than those set forth herein. All prior discussions are merged into this Agreement. No statement or promise by us shall be binding unless reduced to writing and signed by one of our authorized officers. Any modification of this Agreement must be in writing and signed by you and by one of our authorized officers. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. You will have no cause of action against us after one year from the date of the inspection. If a court finds any term of this Agreement ambiguous or requiring judicial interpretation, the court shall not construe that term against us by reason of the rule that any ambiguity in a document is construed against the party drafting it. You had the opportunity to consult qualified counsel before signing this.
11. If there is more than one owner of the Property, you are signing on behalf of all of them, and you represent that you are authorized to do so.
I HAVE CAREFULLY READ THIS AGREEMENT. I AGREE TO IT AND ACKNOWLEDGE RECEIVING A COPY OF IT.
© 2022 Professional Defense Advisors - All Rights Reserved.
In Case of Emergency Dial 911