REAL ESTATE STAGING SERVICES AND FURNITURE AND ACCESSORIES RENTAL AGREEMENT

 

Company: _____Worthwhile Home Organizing & Staging______ (“Company”)

 

Client(s): _______Homeowner ____________ (“Client”)

 

Subject Property to be Staged: __________As agreed to with Stager___________ (“Subject Property”) 

 

Staging Date: _____As agreed to with Stager________

 

 

Client and Company (including any and all employees, officers, agents, representatives, contractors, and subsidiary and affiliated entities), for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, agree to the following terms and conditions:

 

1. Permission to Access Subject Property: The Client warrants that the Company has permission to enter the Subject Property and to move any personal belongings within the Subject Property as reasonably necessary to provide the services described herein, including after the Staging Date and during the term of this Agreement, with the prior permission of the Client. The Client shall provide the Company with the requisite means to enter the Subject Property periodically during the term of this Agreement to provide the services described herein, such as making available for the Company a lockbox code, key, and/or alarm security code. The Client will ensure that all planned construction, painting, and/or cleaning is completed and that the Subject Property is ready to be staged at least the day before the Staging Date, which additionally includes the Subject Property having been professionally cleaned, all utilities turned on and operating under normal operating procedures, and driveways cleared of ice, snow, and any other impediments or obstructions. Client agrees to have no people or animals present at the Subject Property on the Staging Date. The Client further warrants that the Company has permission to hang art, mirrors, or other items, and that the Company is not responsible for filling holes or damage caused by holes made by hanging said items.

 

2. Scope of Services: The Company agrees to provide professional real estate staging and consultation services to the Client in conformance with the provisions of this Agreement. These services may include consultation, the delivery, placement, movement, and removal of furniture, decorations, art, accessories, lights, greenery, floor coverings, towels, blankets, and/or ornaments and other items in order to prepare and stage the Subject Property for rental or sale, along with de-staging or removing such furniture, accessories, or other items at the termination or expiration of this Agreement (“Services”). It is understood and acknowledged by the Client that the Company may install, place, move, or remove certain furniture, decorations, art, accessories, lights, greenery, floor coverings, towels, blankets, and/or ornaments and other items within the Subject Property, and the Company is authorized to do so. The Company will use practical creativity, objectivity, market demographic knowledge, real estate knowledge, and expertise to professionally prepare the Subject Property for sale or rent, subject to certain exclusions set forth in this Agreement. Client agrees that all staging decisions are at the sole discretion of the Company. 

 

3.  Areas to be Staged:

 

Varies by package/subscription selected

 

 

 

 

 

4.  Illicit Activities: Should it be determined that any area, system, or component of the Subject Property has at any time been used for any illicit activity, including, but not limited to, the manufacturing, distribution, storage, possession, or sale of any illicit drugs, products, or byproducts (including any and all chemicals, tools, household fixtures, or appliances used to facilitate such activities), the Client agrees to assume all costs and responsibility for the cleaning, detoxifying, repairing, and/or replacing, as needed, of any of the staged items affected. 

 

5. Service Fees & Cancellation: The agreed-upon initial fee for the Services is $__(varies by package/subscription selected)__. The initial fee is payment for staging services and up to thirty (30) days of furniture and accessories rental from the Company by the Client. Additional fees for accessory and/or furniture rentals may be identified in exhibits executed by the parties, which are attached hereto and incorporated herein by reference. For any payment pursuant to this Agreement that is made more than five (5) days after the date of a monthly invoice, the Company will charge Client a $20 daily late fee. One hundred percent (100%) of the initial service fee is due by the Client upon signing this Agreement to schedule and reserve the Staging Date. The Client understands and agrees that the Services will not be scheduled unless and until this amount is paid to the Company. The Client may only cancel or request that the Services and/or the Staging Date be rescheduled by providing at least three (3) days’ written notice to the Company prior to the scheduled Staging Date. In the event of cancellation, any refund will be at the sole discretion of the stager. This will be decided on a case-by-case basis and factor in how much advance notice was given between the time of cancellation and the staging date/time that was reserved for the client.

 

Initial: ____(as filled out elsewhere when purchasing package/subscription)____

 

6. Additional Fees:  If the Company arrives at the Subject Property and cannot stage because any construction, painting, and/or cleaning is not completed, at the discretion of the Company, the Services and Staging Date will be rescheduled, and a rescheduling fee of up to $500 will be charged by the Company. The Services and Staging Date may be rescheduled by the Client with at least three (3) days’ written notice to the Company. Attempts to reschedule the Services and/or Staging Date with less than three (3) days’ written notice shall result in a up to $500 rescheduling fee to the Client. All expenses incurred in collecting any overdue payments or returned checks are the responsibility of the Client. A finance charge of one and one-half percent (1.5%) per month, eighteen percent (18%) per year, will apply to all obligations not paid pursuant to the terms contained herein. Client agrees that in addition to any service charges or interest, the Client shall be responsible for all legal fees and costs incurred by the Company in an effort to collect the fees due under this Agreement. If the Client elects to pay staging fees by credit card, a convenience fee of 3% may be charged by the Company in addition to any other fees or charges described herein. 

 

7. General Exclusions: The Client understands and agrees that the Company will not perform any of the functions or services of a home inspector. The Company does not inspect the Subject Property for defects in building materials, structure, or any other system or component of the building. The Company is not responsible for detecting, identifying, disclosing, or reporting the presence of any actual or potential environmental concerns or hazards in the air, water, soil, or building materials. The Company makes no warranty, express or implied, that the Subject Property is free from any hazards to persons entering onto the Subject Property for any purpose. The Company is not a resource for any real estate transfer disclosures that may be required by law and makes no representations or warranties regarding any disclosures that the Client makes as part of any planned real estate transaction involving the Subject Property.

 

8. Photographs and Other Depictions of the Subject Property: The Client permits the Company to take photographs or digital video and/or to make any other depictions of the Subject Property in order to provide the Services. Client authorizes the Company to edit, alter, copy, exhibit, publish, or distribute these photos for any purpose consistent with the provisions of this Agreement, including, but not limited to, using any photographs and other depictions of the Subject Property in advertising and marketing the Company’s services to others. Client agrees to hold harmless, release, and forever discharge the Company from all claims, demands, and causes of action which Client, or any other persons acting on Client’s behalf or on behalf of Client’s estate, have or may have by reason of this authorization. 

 

9. No Liability for Third-Party Service Providers: The Company may, in providing the Services, coordinate with a third party to supply goods and/or services to the Client in accordance with the Services hereunder by supplying, delivering, moving, installation, and/or removal of furniture, decorations, and/or accessories for the staging. The Company may, where appropriate, recommend, contract with, or request that the Client contract with certain third parties to provide the goods and/or services described in this Section. Client understands and agrees that the Company bears no legal or contractual responsibility to the Client for any actions or inactions of any such third parties. No third party shall have any authority to incur or create any liability or obligation in the name of the Company or for which the Company shall be liable to another. The Client acknowledges that the Company shall participate in selecting and coordinating the supplying, delivering, moving, installation, and/or removal of the furniture, decorations, and/or accessories for the staging.

 

10. INDEMNITY AND HOLD HARMLESS AGREEMENT. PLEASE READ CAREFULLY: Client agrees to defend, indemnify, and hold the Company and its subsidiaries, affiliates, stockholders, directors, officers, members, employees, agents, and assignees harmless against, and to reimburse them for, any loss, liability, or damages (actual or consequential) and all reasonable costs and expenses of defending any claim brought against any of them or any action in which any of them is named as a party in which any of them may suffer, sustain, or incur by reason of, arising from, or in connection with the condition of the Subject Property, the Services, or staging as contemplated hereby, including injury to persons or property, regardless of whether the condition is known or unknown to the Client and regardless as to whether the claimant is a trespasser, licensee, invitee, or of any other recognized legal status for an entrant upon land in the state where the Services are performed, unless such loss, liability, or damage is solely due to the negligence, error, or omission of the Company. The indemnities and assumptions of liabilities and obligations herein shall continue in full force and effect subsequent to and notwithstanding the termination of this Agreement.

 

11. Term of Agreement: Client and Company agree that the Services will begin on the last date executed below and continue until terminated pursuant to the terms herein. The initial term of this Agreement shall be for up to thirty (30) days. This Agreement will automatically renew thereafter on a month-to-month basis of a certain percent of the initial term which totals __$  (varies by package/subscription selected)__ per month unless it is terminated by a party by providing at least ten (10) days’ written notice to the other party, and such notice is acknowledged by the Company. Monthly fees due hereunder are non-refundable and are not pro-rated. This Agreement may be terminated by the Client with less than ten (10) days’ notice to the Company, in which case Client will incur an additional up to $_500__ rushed de-staging fee. This Agreement may be terminated at any time and without notice by the Company in the event of a material breach of this Agreement by the Client. Upon termination of this Agreement, the Company may remove all staged items, including furniture and accessories, at its discretion, including immediately or at any time within the notice period of termination delineated herein. Client shall remain obligated to pay all unpaid and due monthly fees accrued. Client shall in all instances cooperate with the Company in de-staging and removal of any and all staged items, furniture, and accessories. 

 

12. Use of Items Rented from Company by Client: Any furniture and accessories installed in the Subject Property as part of the Services, including, but not limited to, furniture, decorations, art, accessories, lights, greenery, floor coverings, towels, blankets, and/or ornaments and other items are not to be used by the Client or any other person for any purpose other than showing the Subject Property for a potential sale or rental, which includes, but is not limited to, moving, replacing, exchanging, storing, or otherwise engaging with the furniture and/or accessories. Client acknowledges and agrees that any furniture, decorations, art, accessories, lights, greenery, floor coverings, towels, blankets, and/or ornaments or other items owned by the Company used in the staging of the Subject Property do not convey with the sale of the Subject Property and that the Client must document in any listing services that such items do not convey.  

 

13. Disclaimer of Warranty: The Client understands that the Services do not, in any way, constitute a guarantee, warranty of merchantability or fitness for a particular purpose, express or implied warranty, or an insurance policy. The Company cannot and does not warrant or guarantee that the Subject Property will be sold or rented and does not offer an opinion as to the value of the Subject Property.

 

Initial: _____(as filled out elsewhere when purchasing package/subscription)________

14. Notice of Claims: The Client agrees that any claim for failure of the Company to fulfill its obligations under this Agreement shall be made in writing to the Company upon discovery. The Client also agrees to allow the Company ten (10) days to come to the Subject Property to inspect and evaluate any condition complained of by the Client to the Company and not to make, or allow others to make, any alteration to the claimed condition until the Company has had the opportunity to inspect and evaluate the claimed condition, except in case of emergency. Client agrees and acknowledges that Company shall not be liable for any loss, damage, costs, and other claims or actions arising out of information or instructions given by Client that are incomplete or incorrect.

 

15. Choice of Law: This Agreement shall be governed by the law of the state of Michigan. If any portion of this Agreement is found to be invalid or unenforceable by any court, the remaining terms shall remain in force between the parties. 

 

16. LIMITATION OF LIABILITY.  PLEASE READ CAREFULLY: The Client understands and agrees that the Company is not an insurer and that the payment for the Services is based solely on the value of the services provided by the Company in the performance of the Services as described herein. The Client further understands and agrees that it is impracticable and extremely difficult to fix actual damages, if any, which may result from a failure to perform such services. Thus, the Client agrees that the sole and exclusive remedy for any claims against the Company, including claims for, but not limited to, breach of contract, any form of negligence (except gross negligence), fraud or misrepresentation, and/or any violation of any law, statute, regulation, ordinance, or any other theory of liability arising out of, from, or related to this Agreement or arising out of, from, or related to the Services, is limited to an amount equal to the initial service fee, as liquidated damages and not as a penalty. The Client releases the Company from any and all additional liability, whether based on contract, tort, or any other legal theory.  The Client understands that he/she/they is/are free to consult with another professional if the Client does not agree to this provision. 

 

17. LIMITATION ON TIME TO BRING LEGAL ACTION.  PLEASE READ CAREFULLY: Any legal action, dispute, controversy, interpretation, or claim, including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation, and/or any violation of any law, statute, regulation, ordinance, or any other theory of liability arising out of, from, or related to this Agreement or arising out of, from, or related to the Services must be initiated within one (1) year from the Staging Date, regardless of when the Client first discovers the facts supporting such possible claims as identified herein. Failure to initiate said action within one (1) year of the Staging Date shall be a complete bar to any such action, a full and complete waiver of any rights, actions, or causes of actions that may have arisen thereon. This time period may be shorter than otherwise provided by state law.

 

18.  Insurance: The Client warrants that as of the Staging Date and throughout the term of this Agreement, including any additional terms, the Client has and will maintain sufficient insurance for the Subject Property to indemnify and hold harmless the Company from any damage caused by any peril, including, but not limited to, flood, fire, theft, and/or any other damage to the staged items.

 

19. Damage to Staged Items:  Client shall bear sole responsibility and shall be exclusively liable for all loss, theft, damage, or destruction of the staged items during the entire time the items are staged at the Subject Property, regardless of fault or the degree of care exercised by Client, and regardless of the presence or supervision of, or any direction or approval by, the Company. In the event any item is damaged but not destroyed, Client agrees to be responsible for both the cost of repairing and restoring such item, the loss in value of such item, and/or the loss of use of such item, including, but not limited to, consequential damages incurred thereby. Client agrees to pay for any such loss, damage, or destruction hereunder upon receipt of an invoice for the same from the Company. Or, alternatively, the Client has the option of paying the Company the full replacement cost of each item and the Client may keep the damaged items.

 

20. Security:  Client agrees to take all reasonable steps necessary to secure and protect the staged items from loss, theft, or injury and to treat them in a manner consistent with maintaining its own most valuable assets at all times the items are in its possession, control, or custody. Client shall comply with further reasonable security restrictions and arrangements as directed in writing by the Company. Client represents and warrants to the Company that the Subject Property is equipped with adequate theft and fire detection/prevention systems that are always activated. 

 

21. Entire Agreement and Authority to Enter: This Agreement represents the entire agreement between the parties. No oral agreements, understandings, or representations shall change, modify, or amend any part of this Agreement. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties and supported by valid consideration. This Agreement shall be binding upon and inure to the parties hereto and their heirs, executors, administrators, successors, assigns, and representatives of any kind whatsoever. The parties have all requisite power and authority to enter into this Agreement and to perform their obligations and promises hereunder. 

 

22. Force Majeure: In no event shall Company be responsible for any failure or delay in its performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces and occurrences beyond its reasonable control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural disasters or catastrophes, acts of God, acts of any government, epidemics and pandemics, interruptions, losses, or malfunctions of utilities, communications, or computer hardware or software services, severe or extreme weather, or any other events or circumstances beyond its reasonable control, whether similar or dissimilar to the foregoing nonexclusive list, it being understood that Company shall use reasonable efforts to resume performance as soon as practicable under the circumstances. 

23. Client’s Agreement & Understanding of Terms: By signing this Agreement, the undersigned Client agrees that he/she/I/they have read, understand, and agree to all of the terms and conditions on all pages of this Agreement, including the limitations and exclusions, and agree to pay the fees shown according to the terms above. The Client understands that the Client has a right to have an attorney of the Client’s choice review this Agreement before signing it. The Client understands that if the Client does not agree with any of the terms, conditions, limitations, and/or exclusions set forth in this Agreement, the Client is free to not sign it. The Client understands that the Client may retain another provider to perform the services contemplated by this Agreement. The Client further understands that, should the Client not agree to the terms and conditions set forth in this Agreement, the Client may negotiate with the Company for different terms and conditions.

 

Initial: ____(as filled out elsewhere when purchasing package/subscription)_________

 

24. Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

 

Client’s Signature: __________(as filled out elsewhere when purchasing package/subscription)___________ Date: ___________________

 

By: _________________________________________________________________________________ (Please Print)

 

Phone:  _________________________________________ E-mail: _________________________________________________________

 

Home Address: ______________________________________________________________________________________

 

 

 

Company’s Signature: ________________________________________________________________ Date: ______________________

 

By: ___Worthwhile Home Organizing & Staging - Heather Christensen_______________________________________________ (Please Print)

 

Phone:  _________________269.815.8218_________________ E-mail:  _______________________________________________________

 

Home Address: __________________________52928 15th Ave Grand Junction, MI 49056___________________________

 

 

25. Third-Party Payor’s Agreement & Understanding of Terms: By signing this Agreement, the undersigned Third-Party Payor agrees to remit payment for all service fees generated and charged by the Company for the services contemplated in the Agreement and any accompanying exhibits and/or addenda.

 

Third-Party Payor’s Signature: ________________________________________________________ Date: ___________________

 

Third-Party Payor’s Name: _______________________________________________________________ (Please Print)

 

Phone:  ____________________________________ E-mail: _________________________________________________________

 

Home Address: ______________________________________________________________________________________