SPFA QAP Insulation Certification handbook - spray foam Forms current... · SPFA QAP Insulation Certification handbook

SPF Insulation Certification Handbook Page 72

11/29/13


11/29/13


11/29/13


11/29/13


11/29/13


SPFA CERTIFICATION AGREEMENT THIS AGREEMENT is made as of (the "Effective Date") by and between the SPRAY POLYURETHANE FOAM ALLIANCE (“SPFA”), a 501(c)(6) non-profit corporation having its principle place of business in the Commonwealth of Virginia

and

Full Legal Name:

Address:

City, State, Zip Code: _________________________________ ,

the (“SPFA PCP Certified Individual”)

Please check the certification(s) you currently hold:

___ Assistant

___ Insulation Installer ____Roofing Installer

___ Insulation Master Installer ____Roofing Master Installer

___ Insulation Project Manager ____Roofing Project Manager

NOTE: If you attain a new certification level in the SPFA PCP Roofing or Insulation Contractor Certification programs, the terms and conditions of this Agreement will apply. New Certification Agreements will be sent out annually with the renewal notices. They must be signed and returned as part of the renewal process.

WHEREAS SPFA is a body dedicated to setting high standards for on-going professional practice in the spray polyurethane foam industry through the Professional Certification Program;

AND WHEREAS the SPFA PCP Certified Individual named above has met the requirements of the SPFA PCP at the level of certification being held; NOW THEREFORE, SPFA has agreed to grant a limited, revocable and non-exclusive license

11/29/13


to the SPFA PCP to make use of the SPFA name and logo and the SPFA PCP Certification Mark (“SPFA PCP Certified Individual”) under the specific terms and conditions set out in this Agreement.

In exchange for good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties agree as follows:

1. DEFINITIONS.

The following terms shall have the meanings set forth below:

1.1 “Certification Mark” means any mark(s) developed, used and/or owned by SPFA which SPFA expressly confirms in writing to the SPFA PCP Certified Individual falling within the definition of Certification Mark under this Agreement.

1.2 “SPFA PCP Certified Individual” means a person who has been certified under the SPFA PCP as a SPFA PCP Certified Individual by SPFA (or its authorized agent or third party designee) in connection with the certification program or by a third party approved by SPFA. The SPFA PCP Certified Individual means an installer, assistant to installer or manager of installer, who, in the view of the SPFA PCP or its designate, has successfully completed the requirements for Assistant, Installer, Master Installer or Project Manager in either Roofing or Insulation or both disciplines as outlined in the certification program and who has signed a Certification Agreement with SPFA with respect to the use of the Certification Mark. The Certified Individual designated in this document has also indicated his/her level of certification on Page 1 of this document. The said individual may hold more than one certification, and may also earn additional certifications from the date of this Agreement through the issuance of a new Agreement in the next calendar year. This same agreement shall apply to any and all certifications this individual holds in the SPFA PCP. 2. GRANT AND TERM

2.1 This Agreement shall commence on the Effective Date and shall continue until terminated by the parties in accordance with paragraph 7 hereof (the "Term").

2.2 The SPFA PCP Certified Individual hereby agrees that he/she shall, throughout the Term, timely participate in and successfully complete any required certification or recertification that SPFA, may require for SPFA PCP Certified Individual from time to time.

2.3 Subject to the provisions of this Agreement and as long as the SPFA PCP Certified Individual is not in default hereunder, SPFA hereby grants to the SPFA PCP Certified Individual a limited, revocable and non-exclusive license to use the Certification Mark “SPFA PCP Certified Individual” during the Term and only in the manner and for the specific purposes/uses set forth in this Agreement or as subsequently modified by SPFA in its sole and reasonable discretion.

2.4 The SPFA PCP Certified Individual shall not be entitled to extend, assign, sell or transfer to any third party any of his/her rights, duties or obligations under this Agreement.

2.5 The parties to this Agreement each hereby confirm to the other that they have full power and authority to enter into this Agreement, and that in doing so (or carrying out any of its obligations hereunder) they are not violating the rights of any third party or any agreement by which they are bound.

11/29/13


3. ACKNOWLEDGEMENTS AND OBLIGATIONS OF AN SPFA PCP CERTIFIED INDIVIDUAL

True and Accurate Representations

3.1 The SPFA PCP Certified Individual represents and warrants that all information he/she has provided to the SPFA (or its employees, authorized agents or third party designees) under this Agreement and in connection with the certification program, is true and correct, and acknowledges and agrees that the SPFA is relying on such representations and warranties in entering into this Agreement.

Proprietary to SPFA

3.2 The SPFA PCP Certified Individual acknowledges and agrees that the certification program is a proprietary program and property of SPFA and that he/she shall not challenge, interfere with, damage or infringe upon such SPFA proprietary right, title or interest during the Term or at any time thereafter. The SPFA PCP Certified Individual shall not use the certification program or the Certification Mark (including without limitation any documents or materials relating thereto) for any purpose other than to comply with and in a manner consistent the terms of this Agreement. For greater certainty, and without limiting the generality of the foregoing, the SPFA PCP Certified Individual shall not use the certification program or the Certification Mark denoting SPFA PCP specific certification designation for any other purpose nor may it, directly or indirectly, copy, distribute, transfer, assign or make available the certification program or Certification Mark “SPFA PCP Certified Individual” to any third party without the prior written consent of the SPFA. Such consent shall be at the sole and absolute discretion of the SPFA. The obligations set out in this paragraph shall survive the expiration or termination of this Agreement for any reason.

SPFA PCP Certified Individual Obligations

3.3 During the Term of this Agreement, the SPFA PCP Certified Individual agrees that he/she shall pay an SPFA PCP Certification renewal fee on an annual basis, as set by SPFA, notice of the renewal and fee being mailed to all SPFA PCP Certified Individuals annually, and that he/she shall at all times comply with all of the terms and conditions of this Agreement.

3.4 The SPFA PCP Certified Individual hereby agrees to comply with all of the provisions of the certification program applicable to SPFA PCP Certified Individual for the duration of the Term and for so long as the SPFA PCP Certified Individual is qualified for and authorized by SPFA to make use of the Certification Mark “SPFA PCP Certified Individual”. Without limiting the generality of the foregoing, the SPFA PCP Certified Individual shall conduct evaluations of SPF installers in a professional manner, including timely and accurate communication with the SPFA and its authorized agents or third party designees in connection with the SPFA PCP and with the candidates, demonstrating efficiency and respect for all parties.

3.5 Without limiting the generality of the foregoing, the SPFA PCP Certified Individual shall, all times during the Term, comply with all standards, specifications and requirements necessary to meet the then-current certification requirements for SPFA PCP Certified Individual under the SPFA PCP certification program. The SPFA PCP Certified Individual acknowledges and agrees that the certification program (including without limitation, the systems, programs, standards, requirements and methods relating thereto) may be amended from time to time. SPFA shall provide the SPFA PCP Certified Individual with notice in writing of any such amendments, and the SPFA PCP Certified Individual agrees that he/she shall comply with the same.

3.6 The SPFA PCP Certified Individual agrees to carry the photo identification card issued to him/her by SPFA which identifies him/her as a SPFA PCP Certified Individual at all times when he is working on a jobsite.

3.7 The SPFA PCP Certified Individual agrees to permit any audits deemed necessary by the SPFA or its authorized agent or third party designee in order to ensure compliance with the SPFA PCP certification program. The SPFA PCP Certified Individual shall cooperate fully with any such audit or inspections by the

11/29/13


SPFA or its authorized agent or third party designee. The SPFA PCP Certified Individual shall upon request from SPFA or its authorized agent or third party designee, provide such further or other information as SPFA or its authorized agent or third party designee may require from time to time with respect to the SPFA PCP Certified Individual, his/her/its products, services, processes, procedures, or otherwise as reasonably required to assess compliance with this Agreement. Should the SPFA PCP Certified Individual be required to provide any information to SPFA, or its authorized agent or third party designee, or to complete any documentation under this Agreement or the certification program, it shall do so timely, accurately and completely. Failure to provide timely, accurate and complete information and documentation may, in SPFA’s sole and absolute discretion, constitute a material breach of this Agreement and may lead to the suspension or termination of this Agreement and suspension or termination of Certification.

3.8 The SPFA PCP Certified Individual shall fully cooperate with SPFA or its authorized agent or third party designee, in good faith, with respect to any such assessment in a timely manner.

3.9 The SPFA PCP Certified Individual will notify SPFA or its authorized agent or third party designee of any breaches of this Agreement which are committed by him/her or which are known to him/her. The SPFA PCP Certified Individual may have his/her certification suspended or terminated for conducting field examinations improperly or negligently or willfully/intentionally failing to perform his/her duties as an SPFA PCP Certified Individual in violation of this Agreement.

Regulatory Requirements

3.11 The SPFA PCP Certified Individual shall be responsible for obtaining and keeping current all licenses, permits, consents and approvals which are required by all applicable governmental or other regulatory authorities with respect to the his/her/its business, products, services or the subject matter of this Agreement. The SPFA PCP Certified Individual shall provide the SPFA or its authorized agent or third party designee with copies of all such current consents or approvals upon request.

4. CERTIFIED INDIVIDUAL’S USE OF CERTIFICATION MARK

4.1 During the Term, the SPFA PCP Certified Individual agrees that he/she shall only use the Certification Mark on advertisements, promotional materials, and otherwise to identify himself as a SPFA PCP Certified Individual under the SPFA’s certification program, in strict compliance with the terms and conditions of this Agreement and any requirements imposed by the SPFA on the use and display of the Certification Mark “SPFA PCP Certified Individual”. The SPFA PCP Certified Individual shall not otherwise use, alter, amend or display the Certification Mark for any other purpose without the prior written consent of SPFA.

4.2 The SPFA PCP Certified Individual will use the Certification Mark “SPFA PCP Certified Individual” (i) in a manner expressly approved by SPFA; (ii) in association with the evaluation of individuals who are candidates for certification as a SPFA CPC Certified Master Installer.

4.3 The SPFA PCP Certified Individual shall provide the SPFA or its authorized agent or third party designee with copies of all materials, documents, packaging, advertisements, business cards, marketing materials, website links and anything otherwise, bearing the Certification Mark “SPFA PCP Certified Individual” in advance of any use or distribution of the same. Any failure of SPFA to comment shall not be interpreted as consent for such use. Should SPFA advise the SPFA PCP Certified Individual of any objection to any uses of the Certification Mark, the SPFA PCP Certified Individual shall immediately cease use of same in accordance with SPFA’s demand.

4.4 No advertising by the SPFA PCP Certified Individual shall contain any statement or material which may, in the sole judgment of SPFA, contain objectionable language, be misleading or misrepresentative, be in bad taste, or be inconsistent with SPFA’s public image as a first class professional organization

11/29/13


representing high standards of safety, conduct and professionalism in the spray polyurethane foam industry.

4.5 The SPFA PCP Certified Individual agrees not to use the Certification Mark for the Certified Individual in any manner calculated to represent that the SPFA PCP Certified Individual is the owner of the Certification Mark or that the SPFA PCP Certified Individual is anything other than a licensed user of the mark. The SPFA PCP Certified Individual further acknowledges and agrees that SPFA’s Certification Mark for the SPFA PCP Certified Individual is and shall at all times remain the sole and exclusive property of SPFA, its successors and assigns, and agrees that during the term of this Agreement and thereafter he/she shall not dispute or contest the validity, ownership or enforceability of the Certification Mark, including without limitation any amendments thereto or future marks forming part of the Certification Mark “SPFA PCP Certified Individual”, nor counsel or procure or assist anyone else to do the same, directly or indirectly. The SPFA PCP Certified Individual shall not during the Term of this Agreement or thereafter register or attempt to register, directly or indirectly, any business or trade name or trademark that is confusingly similar to or likely to lead to confusion with the Certification Mark for the SPFA PCP Certified Individual or any other SPFA Certification Mark.

4.6 The SPFA PCP Certified Individual agrees that any and all rights that may be acquired by the use of the Certification Mark for the SPFA PCP Certified Individual by the individual shall inure to the sole and exclusive benefit of SPFA.

4.7 The SPFA PCP Certified Individual agrees to forthwith provide all necessary information and documentation and to execute all documents reasonably requested by the SPFA or its authorized agent or third party designee to affect the registration, maintenance or defense of the Certification Mark “SPFA PCP Certified Individual” or to renew same. This obligation shall survive any termination or expiration of this Agreement for any reason.

4.8 The SPFA PCP Certified Individual shall immediately notify the SPFA or its authorized agent or third party designee of any apparent, suspected or actual infringement of SPFA’s Certification Mark “SPFA PCP Certified Individual”, and the SPFA PCP Certified Individual shall not communicate with any person other than SPFA in connection with any such infringement, challenge, or claim. The SPFA PCP Certified Individual shall cooperate with the SPFA and its authorized agent or third party designee (and assist SPFA upon reasonable request) with respect to the prosecution of any litigation relating to such infringement or the challenging of the Certification Mark “SPFA PCP Certified Individual”. SPFA shall, in its sole discretion, make any and all decisions with respect to such litigation (or the settlement of any disputes) and SPFA shall be solely entitled to any awards on account of such litigation.

4.9 The violation of any scenario outlined in Section 4 which remains uncorrected for more than ten (10) days after the SPFA PCP Certified Individual has been notified of the violation in writing shall result in the suspension or loss of his/her certification.

5.0 OWNERSHIP AND MARKING

5.1 The SPFA PCP Certified Individual acquires no right, title or interest in or to the Certification Mark designated for the SPFA PCP Certified Individual except as expressly provided in this Agreement. The SPFA PCP Certified Individual shall, at all times, observe the requirements with respect to trademark notices and other forms of marking with respect to the Certification Mark as the SPFA or its authorized agent or third party designee may from time to time, in its sole discretion, direct and communicate to the SPFA PCP Certified Individual. The SPFA PCP Certified Individual shall, when using the Certification Mark designated for the SPFA PCP Certified Individual, so describe the Certification Mark to indicate clearly that the mark is

11/29/13


owned by SPFA and that it is being used by the SPFA PCP Certified Individual under a limited and revocable SPFA license.

5.2 The SPFA PCP Certified Individual shall ensure that any and all checks, letterhead, contractual documents, or writings of any nature, will not directly or indirectly state or infer that the SPFA or its authorized agents or third party designees, or the SPFA PCP are responsible or liable in any way for the obligations or responsibilities of the SPFA PCP Certified Individual.

6. SPFA ’S OBLIGATIONS

6.1 SPFA or its authorized agent or third party designee is responsible for maintaining and delivering the certification program and for meeting the requirements of ISO 17024.

7. BREACH AND TERMINATION

7.1 This Agreement may be terminated by the SPFA PCP Certified Individual voluntarily. At the same time he/she terminates registration and thus Certification, he/she must immediately discontinue any and all use of Certification and Certification Mark designated for the SPFA PCP Certified Individual.

7.2 The SPFA PCP Certified Individual agrees that his/her certification can be suspended or terminated by the SPFA, in its discretion, if the SPFA PCP Certified Individual is found by the SPFA or its authorized agent or third party designee, acting reasonably, to be in default or in breach of any of his/her duties and obligations under this Agreement or of any requirements under the SPFA PCP certification program. SPFA or its authorized agent or third party designee will provide written notice of the same to the SPFA PCP Certified Individual. The SPFA PCP Certified Individual will have opportunity to respond in writing to SPFA as set forth below.

Procedures:

(a) SPFA PCP Certified Individual will receive written notice of specific charges.

(b) SPFA PCP Certified Individual will have opportunity to respond in writing to the charges (with all supporting documentation).

(c) SPFA’s PCP Certification Management Board will review and consider all supporting documentation and then issue a finding.

(d) If the SPFA PCP Certification Management Review Board determines there are grounds for suspension or termination of Certification, the SPFA PCP Certified Individual must immediately cease and desist any and all use of Certification and Certification Mark.

(e) The Certified Individual may appeal the decision of the Certification Management Review Board by notifying SPFA in writing of the specific grounds for the appeal and with a certified check for $1,000 which may be used as a deposit for the fees of the Independent Commissioner assigned to the case by the American Arbitration Association. If the Independent Commissioner overturns the decision of the Certification Management Committee, then the $1,000 will be returned to the Individual. If the Commissioner agrees with the decision of the CMC, the $1,000 will not be returned and the $1,000 will be used to cover the fees of the Independent Commissioner.

7.3 Without limiting the generality of the foregoing, the SPFA PCP Certified Individual shall be deemed to be in default under this Agreement where:

11/29/13


(a) the SPFA PCP Certified Individual fails to participate in or successfully complete any certification program requirements of the certification program, if any, or fails to complete any recertification requirements under the certification program;

(b) the SPFA PCP Certified Individual is found to have provided the SPFA or its authorized agent or third party designee, or the SPFA PCP with inaccurate or incomplete information;

(c) the SPFA PCP Certified Individual is in default of any of its obligations under this Agreement, the SPFA PCP Code of Conduct, or the applicable Certification standards under the certification program;

(d) the SPFA PCP Certified Individual: (i) ceases doing business; (ii) becomes or is declared insolvent; (iii) becomes the subject of any voluntary or involuntary proceeding related to bankruptcy, liquidation, or insolvency; (iv) or makes an assignment for the benefit of creditors.

7.4 Should SPFA elect to impose a suspension rather than a termination, giving the SPFA PCP Certified Individual an opportunity to cure the default, it shall notify the SPFA PCP Certified Individual in writing of the default, the suspension of certification, the default to be remedied and the period granted to the SPFA PCP Certified Individual to correct any such default, failing which SPFA may, in its reasonable discretion, terminate the license and the SPFA PCP Certified Individual’s certification. Should a suspension be imposed, any fees due and payable to SPFA must be paid in full prior to the re-instatement of any suspended SPFA PCP Certified Individual.

7.5 In the event of a suspension, or should this Agreement be terminated for any reason, the SPFA PCP Certified Individual shall immediately:

(a) cease to use, directly or indirectly, the Certification Mark “SPFA PCP Certified Individual” and the certification program, in any manner and for any purpose whatsoever;

(b) surrender to SPFA his/her photo identification card and all other documents requested by SPFA;

(c) remove the Certification Mark “SPFA PCP Certified Individual” and any reference to the certification program from any and all materials, including without limitation packaging, signs and advertisements, business cards, letterhead, websites, under its custody or control upon which the Certification Mark “SPFA PCP Certified Individual” or reference to the certification program appears, and shall deliver up the same to SPFA upon request;

(d) immediately pay to SPFA all fees, amounts and other charges as are or have become due and payable; and

(e) immediately cease to and thereafter not, directly or indirectly, hold himself or herself out as a part of SPFA, a “SPFA PCP Certified Individual” or the SPF PCP certification program.

7.6 The SPFA PCP Certified Individual agrees that the requirements set forth in paragraph 7.5 are reasonable and necessary to protect the integrity of the Certification Mark designed for the SPFA PCP Certified Individual and the SPFA PCP, and that these requirements are enforceable by injunction, including without limitation by interlocutory injunction, by any court of competent jurisdiction. In the event that SPFA is required to seek injunctive relief or litigate to enforce any of the terms of this Agreement, it shall be entitled to receive from the SPFA PCP Certified Individual reimbursement SPFA’s reasonable attorneys’ fees and court costs in the event such injunctive relief issues in favor of SPFA and/or if SPFA prevails in litigation commenced to enforce the Agreement.

11/29/13


8. INDEMNITY AND RELEASE

8.1 The SPFA PCP Certified Individual acknowledges and agrees that while SPFA has made its best effort to develop and make available the SPFA Professional Certification Program, neither the SPFA, nor its directors, officers, agents, employees, volunteers, contractors or third party designees shall be responsible to the SPFA PCP Certified Individual or any third party for any loss, cost, damage, injuries or damages to persons or property, liability or claim howsoever occasioned, whether by act, error, omission, failure to act, negligence, or willful conduct, in respect of the services, materials or products of the SPFA PCP Certified Individual, or the use and delivery of the SPFA Professional Certification Program in connection therewith. In the event of any third party claim, action, cause of action, or demand made against SPFA, or its officers, directors, employees, volunteers, agents, contractors or third party designees arising out of or resulting from the acts, errors, omissions, failure to act, negligence or willful or intentional misconduct of the SPFA PCP Certified Individual, he/she warrants that he/she shall indemnify, defend and hold harmless the SPFA, its officers, directors, employees, volunteers, agents, contractors and third party designees from and against any and all claims, actions, causes of action, judgments, liabilities, injuries or damages to persons or property, costs and expenses, including reasonable attorneys’ fees and court costs arising out of or resulting from said claim or action. This duty of indemnification shall survive the termination or expiration of this Agreement for any reason.

8.2 Without limiting the generality of the foregoing, the SPFA, its officers, directors, employees, volunteers, contractors, authorized agents, and third party designees shall not be obligated or liable for any injury or death of any person or damage to any property caused by or relating to the services, materials, or products used or provided by the SPFA PCP Certified Individual. The SPFA PCP Certified Individual undertakes to hold appropriate and adequate insurance to cover its liability.

8.3 The SPFA PCP Certified Individual covenants and agrees that in no event shall the SPFA PCP, the SPFA, or its officers, directors, employees, authorized agents, third party designees, volunteers or any authorized representative, be liable in any manner for any loss, cost or damage that may be suffered by the SPFA PCP Certified Individual by virtue of his/her certification or the suspension or termination of his/her certification.

9. GENERAL

9.1 The SPFA PCP Certified Individual is and shall at all times remain an independent contractor and is not and shall not represent him/her/itself to be the agent, joint venturer or partner of SPFA. No representations will be made or acts taken by the SPFA PCP Certified Individual which could be deemed to establish any apparent relationship of agency, joint venture or partnership and SPFA shall not be bound in any manner whatsoever by any agreements, warranties or representations made by the SPFA PCP Certified Individual to any other person or with respect to any other action of the SPFA PCP Certified Individual.

9.2 The SPFA PCP Certified Individual hereby agrees to at all times relevant to this Agreement adhere to the SPFA PCP Code of Conduct as defined in this section (9.2) including, complying with all regulations and processes set forth by SPFA or its authorized agent or third party designee (i.e. surveillance, inspection and re-certification activities). He/she agrees that he/she shall install the product according to ASTM C1029 for Thermal Insulation, ASTM 7425 for Roofing or any other applicable standard or specification. He/she agrees that he/she shall conduct the required daily on-site testing (if applicable); complete the required documentation; affix the job site label (if applicable); use the required safety equipment including positive fresh air (if applicable). He/she agrees that he/she shall adhere to all local regulations and work in a safe manner while conducting him/herself in a professional manner. He/she agree that he/she shall advise the supervisor or contractor of any potential problems with the installation of the spray polyurethane foam material. He/she agree that he/she shall provide all information required to the SPFA

11/29/13


Field Examiner when appropriate for the Field Examination. He/she agree that he/she shall approve SPFA to provide certification status to interested persons. He/she also agrees that his/her failure to meet any of the above SPFA PCP Certified Individual obligations can result in the suspension or termination of his/her Certification as a “SPFA PCP Certified Individual”.

9.3 This Agreement shall be interpreted and construed in accordance with the laws of Virginia applicable hereto and the parties irrevocably agree to the jurisdiction of Virginia with respect to any dispute relating hereto.

9.4 All notices under this Agreement shall be in writing and shall be sent by prepaid courier, certified mail, facsimile, or served personally. If sent by courier or certified mail, service shall be deemed to have been made on the second day following delivery of the notice by the transmitting party to the courier or USPS. Any notice transmitted by facsimile shall be deemed given and received on the first business day after its transmission. Unless changed in writing, the address for SPFA and the SPF PCP program for the purpose of notice is:

1030 15th St. NW

Suite 460

Washington, DC 20005.

The notice address of the SPFA PCP Certified Individual shall be the address listed at the beginning of this document, unless SPFA or its authorized agent or third party designee is otherwise notified in writing.

9.5 This Agreement represents the entire Agreement between the parties and no representation, warranty or condition shall apply hereto unless expressed herein in writing. This Agreement may not be amended except by written agreement executed by authorized representatives of the parties.

9.6 In this Agreement, the masculine singular includes the feminine singular, the neuter and all plural forms thereof.

9.7 The headings herein are inserted for convenience of reference only and do not affect the interpretation of any provision of this Agreement.

9.8 The failure of the SPFA and/or its authorized agent or third party designee to exercise any right, power or option given hereunder or to insist upon the strict compliance with the terms and conditions hereof by the SPFA PCP Certified Individual shall not constitute a waiver of the terms and conditions of this Agreement with respect to that or any other or subsequent breach thereof nor a waiver by the SPFA and/or its authorized agent or third party designee of its rights at any time thereafter to require strict compliance with all terms and conditions hereof including the terms or conditions with respect to which the SPFA PCP Certified Individual has failed to exercise such right, power or option.

9.9 If any provision of this Agreement is declared invalid, illegal, or unenforceable by a court of competent jurisdiction such provision shall be severed from the Agreement and all other provisions of the Agreement shall remain in full force and effect.

9.10 This Agreement may be executed by the parties in separate counterparts, each of which will be deemed to constitute an original, but all of which together will constitute one and the same agreement. This Agreement will be considered to be fully executed when all parties have executed an identical counterpart, notwithstanding that all signatures may not appear on the same counterpart. This Agreement and those contemplated herein may be executed and delivered by facsimile signatures and will be binding on all parties hereto as if executed by original signature and delivered personally.

9.11 This Agreement shall inure to the benefit of and be binding upon the SPFA and the SPFA PCP Certified Individual and their respective successors and/or permitted assigns. This Agreement contains the

11/29/13


entire Agreement between the parties in respect of its subject matter and supersedes all earlier agreements, understandings, negotiations and discussions, whether verbal or written. There are no conditions, covenants, agreements, representations, warranties or other provisions, express or implied, collateral, statutory or otherwise, relating to the subject matter hereof except as herein provided.

THE PARTIES HAVE DULY EXECUTED THIS AGREEMENT on the date first written above.

Full Legal Name (print): ______________________________________________________________

Signed ______________________________________________________________ Signature Date: _________________________________________

For SPF PCP office use only

SPRAY POLYURETHANE FOAM ALLIANCE Professional Certification Program Per: ______________________________________________________________ Authorized Signing Officer

11/29/13

Documents

SPFA QAP Insulation Certification handbook - spray foam Forms current... · SPFA QAP Insulation Certification handbook