Terms of Services

SELF-TEST KIT RENTAL AGREEMENT

This Agreement is entered into between Guardian Mold Testing (“Provider”) and the undersigned client (“Client”) for the purpose of renting a mold self-test kit for temporary, informational use at the Client’s property.

1. Scope of Services

Guardian Mold Testing will provide a mold self-test kit (“Equipment”) for temporary use. The Client understands and agrees that:

  • The kit is for informational purposes only.

  • Guardian Mold Testing does not guarantee the accuracy, completeness, or outcome of results.

  • The kit does not replace a professional mold inspection.

  • Rental includes basic instructions and equipment only. No interpretation of results is guaranteed unless explicitly discussed.

2. Interpretation Disclaimer

Upon request, Guardian Mold Testing may offer limited, general interpretation of lab results. However, without an in-person inspection, such interpretations are inherently limited and may be incomplete, inaccurate, or misleading. The Client agrees not to rely on any interpretation for medical, legal, remediation, real estate, insurance, or regulatory decisions or actions.

3. Optional In-Person Inspection

Guardian Mold Testing offers a full in-person mold inspection for a separate fee of $395. By choosing to rent a self-test kit instead, the Client acknowledges that they have declined this more thorough evaluation. The Client accepts that this rental provides limited insight and that any findings may be noncomprehensive, uncertain, or open to misinterpretation without further professional review.

4. Client Responsibility

The Client agrees to:

  • Use the Equipment properly and according to instructions.

  • Assume full responsibility for collecting samples and interpreting results.

  • Accept that the kit is intended for personal informational use only, and is not appropriate for legal, medical, remediation, real estate, insurance, or regulatory purposes.

  • Return all Equipment on time and in the same condition it was received.

5. Equipment Use & Return Terms

  • The standard rental period is 24 hours from pickup or delivery.

  • Equipment must be returned no later than 7 days after the due date.

  • Missing or damaged Equipment may incur charges of up to $700 for full replacement.

6. Credit Card Authorization

The Client agrees to provide a valid credit card at the time of rental. By signing this Agreement, the Client authorizes Guardian Mold Testing to securely store and charge the card for the following, if applicable:

  • Late Return Fee: $100 per day beyond the 24-hour rental period

  • Replacement Fee: Up to $700 for unreturned, incomplete, or nonfunctional Equipment

  • Damage Fee: The actual cost to repair or replace damaged items

This is a conditional authorization; the card will only be charged if one of the above conditions is met.

7. Disclaimer of Warranty and Results

The Equipment is provided as-is, with no express or implied warranties, including but not limited to fitness for a particular purpose, effectiveness, or accuracy. Guardian Mold Testing does not warrant or guarantee the presence or absence of mold or related contaminants.

8. Limitation of Liability

The Client understands and agrees that Guardian Mold Testing is not an insurer and shall not be held liable for the performance of the Equipment or interpretation of results. If Guardian Mold Testing or its agents are found liable for any reason, the maximum total liability shall not exceed two times the rental fee paid.

This limitation includes, but is not limited to:

  • Property damage

  • Health-related effects

  • Remediation or repair costs

  • Loss of use, lost profits, or business interruption

  • Incidental, consequential, or special damages

This clause does not apply to claims arising from gross negligence or intentional misconduct.

9. Time to Initiate Claims

Any legal action or claim must be initiated within:

  • One (1) year from the date the issue was discovered or reasonably should have been discovered, and

  • No later than two (2) years from the date of rental.

Claims brought after this period will be barred.

10. Exclusive Use and Third-Party Disclaimer

All results, data, and equipment provided are intended for the exclusive personal use of the Client. No third party may rely on the information obtained from the kit or any communications provided. The rental kit and its findings are not intended for use in real estate transactions, insurance claims, legal matters, or public health or safety filings.

11. Dispute Resolution

Any dispute arising out of this Agreement shall first be resolved in Small Claims Court in Santa Barbara County, California, if within the court’s jurisdiction. If the dispute exceeds that limit, the parties agree to binding arbitration, administered by Resolute Systems or Construction Dispute Resolution Services, before a single arbitrator with experience in mold, construction, or inspection-related matters. Each party shall bear its own attorney’s fees and costs.

12. Entire Agreement

This Agreement contains the entire understanding between the Client and Guardian Mold Testing. It supersedes all prior verbal or written discussions. No amendment shall be valid unless in writing and signed by both parties. If any provision of this Agreement is found invalid, the remainder shall remain in full force and effect.