Rise Structural Group, LLC - Report Limitations and Conditions of Use

This document supplements the Rise Structural Group, LLC Terms and Conditions (the "Terms and Conditions") and applies to all services for which the principal deliverable is a written report, including structural condition assessments, visual assessments, feasibility studies, and opinion letters (each, a "Report"). The Terms and Conditions are incorporated by reference; in the event of conflict, this document controls solely as to the matters below.

  1. Nature and Limitations of the Report. The Report describes conditions observed at the locations accessed and on the date(s) of Rise's site visit only, and conditions may change after that date. The Report is based upon reasonable visual observation of accessible areas and review of documents made available to Rise; it does not address hidden conditions, areas that were inaccessible or concealed, or conditions not reasonably observable at the time of the site visit. Unless expressly stated in the scope of services, the Report does not include destructive investigation, material testing, code compliance certification, or evaluation of systems outside the stated scope. The Report presents Rise's professional opinion in accordance with the Standard of Care provision of the Terms and Conditions and is not a warranty or guarantee of the present or future condition of the structure.

  2. No Reliance Until Payment. No party shall have the right to use or rely upon the Report, in whole or in part, until all fees and reimbursable expenses invoiced in connection with the services have been paid in full. Any use of or reliance upon the Report prior to full payment is at the user's sole risk and without liability to Rise.

  3. Third-Party Reliance. The Report is prepared solely for the use and benefit of the Client for the purpose stated in the agreement. No third party, including any purchaser, seller, lender, insurer, or government agency, may use or rely upon the Report without Rise's prior written consent, granted by execution of a reliance letter on Rise's standard form and payment of an additional reliance fee. Unauthorized distribution to, or use or reliance by, any third party is at the sole risk of the Client and the third party, and the Client shall defend, indemnify, and hold Rise harmless from all claims arising out of such unauthorized use or distribution.

  4. Claim Period. To the fullest extent permitted by law, neither party shall commence any claim or action arising out of or relating to the Report or the services more than eighteen (18) months after the date of the Report, and any cause of action shall be deemed to accrue no later than the date of the Report.

  5. Records Retention. Rise will retain its project records, including field notes, photographs, calculations, and analyses, in accordance with Rise's document retention policy and applicable law. Such records are instruments of service and remain the property of Rise under the Terms and Conditions.