Home Insulation Program Terms and Conditions
These Home Insulation Program Terms and Conditions (the “Terms and Conditions”) apply to your application for, and participation in, the Home Insulation Program, sponsored by Avista. For the purpose of these Terms and Conditions, the term “Avista” refers to Avista Corporation dba Avista Utilities, and the term “you/your” refers to you as an applicant for, and participant in (if applicable), the Home Insulation Program (the “Program”), which involves inspection and installation of residential insulation (collectively, the “Services”) within Avista’s Idaho and Washington service territories.
Please read these Terms and Conditions carefully before applying for the Program. The Program, including direct install insulation measures, are subject to change or cancellation without prior notice, at any time.
Scope of Program
The Program includes:
- A clip-board style insulation inspection with visual inspection of the crawl space and attic, health, and safety inspection, and gathering data on the home and how it uses energy using a third-party software tool by Resource Innovations.
- Installation of insulation, if applicable.
The services performed and products provided under the Program may vary depending on the size, condition, and other attributes of a qualifying residence.
Eligibility
The Program is available only to Avista residential customers living in single and multi-family residences of up to four (4) units, with an active Avista residential account in Idaho or Washington. Properties with four (4) or more units may only qualify for this program if they are owner-occupied.
Tenants may participate with prior written permission from the property owner.
You must be present when the Services are being performed, during the entirety of such performance.
Fee for Participation in Program
Participation in the Program may have costs to you for the Services described above. These costs pertain to project expenses that exceed the amount covered by or that are not reimbursed through Avista’s Home Insulation Program.
Application
Your Program application must include all the information requested. Incomplete or missing information may result in the delay or denial of your application. Further, false information may result in denial of your application. By completing and submitting the application, you represent and warrant to Avista that all information you provide is true and correct in all respects.
Applications are accepted on a first-come, first-served basis. Completion of an application is no guarantee of your acceptance to participate in the Program.
Approval and Verification
Avista reserves the right to verify the performance of the Services, including, if applicable, installation of the measures. You agree to provide Avista or its contractor(s) reasonable access to your residence, upon prior notice to you, to inspect the measures installed under the Program.
Performance of Energy Audit; No Endorsement
You understand that the third-party contractor performing the Services is an independent contractor, and it is your responsibility to that your residence complies with all federal, state, and local building, fire, and safety codes and regulations; and the contractor may choose to not install certain measures that the contractor deems, in its sole discretion, to be in conflict with such codes and regulations, or upon the discovery of unforeseen conditions which prevent such installation.
Information Release
You agree that Avista may share your name, contact information (including email address and phone numbers as applicable), service address and energy usage information to its contractor(s). You agree that Avista may include your name, services performed under the Program, resulting energy savings, and related information in reports or other documentation submitted to the Idaho Public Utilities Commission, the Washington Utilities and Transportation Commission, or other governmental agencies and authorities requiring such information. In all other cases, Avista will treat information gathered in evaluations as confidential and report it only in the aggregate, including in reports and submissions made to non-governmental entities in connection with Avista’s energy efficiency initiatives. You understand and agree that Avista and/or its representatives may include a description of this Program and other Program details in its case studies, brochures, press releases, advertisements, and marketing materials presented to the public.
Disclaimer of Warranties; Limitation of Liability
AVISTA HEREBY DISCLAIMS ANY AND ALL IMPLIED OR EXPRESS WARRANTIES (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) AND SHALL NOT BE RESPONSIBLE FOR ANY REPRESENTATION OR PROMISE WITH RESPECT TO THE EQUIPMENT, MATERIALS, OR LABOR REQUIRED FOR THE INSTALLATION OF THE EQUIPMENT ON THE PREMISES, OR THE COST OF SUCH EQUIPMENT, MATERIALS, AND LABOR.
Because of the variability and uniqueness of individual energy use, it is not possible to predict exact energy savings (if any) that may accrue to you from the Program. Avista, by sponsoring the Program, does not warrant that the equipment will achieve any reduction in energy costs to you.
Avista neither expressly nor implicitly warrants nor assumes any legal liability or responsibility for the performance, quality, safety, installation, or estimated energy and/or cost savings of the Program or any Services performed, or equipment installed in connection with the Program. Avista shall not be liable to you for indirect, consequential, special, or incidental damages arising out of the Program, whether in contract, tort (including negligence), or any other theory of recovery. Avista shall not be responsible for the advice of the contractor or the work of the contractor or any other persons or entities performing Services under the Program who are not employees of Avista. Avista’s maximum liability to you for any legal or equitable claim shall not exceed the fee paid by you, if any, to the contractor in connection with the Program.
Indemnification
As part of the consideration for receipt of the benefits of the Program, you agree to defend, indemnify, and hold harmless Avista and its employees, agents, directors, officers, and shareholders for, from, and against all the liabilities, claims, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to your breach of these Terms and Conditions, any false or misleading information in the application you completed in connection with the Program, and any personal injury or property damage arising or resulting from your negligence or willful misconduct in connection with the Program.
Ownership of Property
You represent and warrant to Avista that you are the owner of the residence or you have provided written property owner permission as a tenant of the residence for which you have applied to receive Services under the Program, and that you have all right, power, and authority to have performed on the premises the Services provided by the Program.
Right to Refuse Service
The contractor has the right to refuse to perform Services or end the inspection or installation in his or her sole discretion, in the event the contractor determines that conducting or continuing the inspection or installation may be unsafe, unlawful, inappropriate, or not in compliance with these Terms and Conditions. Inappropriate behavior that may justify termination of the inspection or installation, which includes without limitation, unreasonable demands for service, threatening or offensive language, threatening or erratic behavior, and inappropriate contact.
Applicable Law and Disputes
This Agreement will be construed and interpreted in accordance with the laws of the State of Washington, excluding any choice of law rules that may direct the application of laws of a jurisdiction other than Washington. All disputes concerning these Terms and Conditions and the Program shall be brought in a court of relevant jurisdiction in Spokane County, Washington.
If You Do Not Agree
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, YOU MUST NOT COMPLETE THE APPLICATION OR PARTICIPATE IN THE PROGRAM.
