Fill and Sign the Partial Home Form

Agreement for Partial Home Staging Service -- Rental of Decor and Accessories Agreement made on the _______________ (date) , between ________________ ___________________ (Name of Home Staging Service Company) of ___________ ______________________________________________________________________ (street address, city, state, zip code) , a corporation organized and existing under the laws of the state of ______________, with its principal office located at _____________ ______________________________________________________________________ (street address, city, state, zip code) , referred to herein as referred to herein as Staging Service , and __________________ (Name of Client) , of _________________ ______________________________________________________________ (street address, city, state, zip code) , referred to herein as referred to herein as Client . Whereas, Staging Service is in the business of renting home décor items and accessories for home stagings; and Whereas, Client desires to use the services of Staging Service pursuant to the terms of this Agreement; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Description of Services A. Beginning on ______________ (date) Staging Service will provide a partial staging package for the Client’s Property, hereinafter called Property. The Property address is located at ________________________________________ ____________________________ (street address, city, state, zip code) . B. A Partial Staging, for purposes of this Agreement, is defined as service typically involving staging the property with accessories, NOT including furniture -- accessorizing the kitchen, bathrooms, eat in area, and typically the fireplace surround. Staging Service may add furniture at its discretion, however it does not include furniture as part of a Partial Staging Package unless defined and listed as an addendum to this Agreement. 2. Payment & Term Client agrees to pay the full amount of the fee for staging the property o the execution of this Agreement, which includes up to 6 months rental period for the furnishings. Thereafter, starting on _____________ (date) , the furnishings will be rented on a month-to-month basis at a fee of $__________ per month. The rental fees for the Furnishings are non-refundable. The rental fee will be charged in advance for the initial 6 months and for each successive monthly rental period following _______________ (date) . The rental term will renew automatically month-to-month on the 1st day of the month unless cancelled 30 days in advance. If 30 days notice prior to the upcoming monthly payment is not given, Client will be required to pay the next month’s rental fee. Fees are not prorated. The fees and the furniture and accessories to be supplied are set forth on Exhibit A attached hereto and made a part hereof by reference. 3. Maintenance of Furniture & Accessories Client agrees to maintain the furnishings and accessories in good repair and operating condition and to return all items to the Staging Service in the condition received, excluding normal wear and tear. Client acknowledges and agrees that the furnishings and accessories are owned and/or leased by Staging Service for display purposes only and are not to be used in any other manner or for any other purpose. Client further acknowledges and agrees that the furnishings shall remain at the Property during the entire term of this Agreement and shall not be removed from the Property, except by Staging Service. 4. Client Authorizations and Consents Client hereby authorizes and grants to Staging Service, and its owners, employees and representatives, permission to enter upon and use the Property for the purpose of providing home staging services listed herein, beginning on _____________ (date) , and continuing on an as needed basis through the term of this Agreement. Client understands and agrees that it his sole responsibility to protect any and all personal property that are located in or about the Property. 5. Release and Indemnification A. Client understands and agrees that he is assuming responsibility for any and all damage or harm, of any nature, kind or extent, to the personal property that is located in or on the Property. Staging Service shall not be liable to the Client or any third person or entity for any damages, expenses, fees or losses (losses) arising as a result of its performance under this Agreement or the home staging services that it provides, whether for work performed, or failed to be performed. Furthermore, the Client agrees to indemnify and hold Staging Service harmless from and against any and all liability, loss of damage arising from claims, actions, litigation or administrative proceedings brought by third parties in connection with the services provided by Staging Service. The foregoing limitation of liability and losses represents a valid and reasonable allocation of commercial risk between the parties. B. Client further acknowledges and understands that the installation of mirrors, artwork, wall hangings and other furnishings (installation) during the staging process typically requires hooks and/or nails to be placed in the walls of the Property. Upon removal, holes will be left. Any damage that is the result of said installation and/or removal is the sole responsibility of Client. 6. Access to Property Client is responsible for providing access to the property for the time and date of agreed services of Staging Service. Should access or any accommodation to the property be denied at time of service, therefore interfering with completion of the staging process, Staging Service reserves the right to request rescheduling the staging service and charges a service fee of $___________ due upon original service date. 7. Absence of Warranties and Guarantees Client understands that Staging Service does not and cannot guarantee success or any particular result or outcome. While the Company will use its best efforts to achieve a successful result, it does not make, convey or extend in any manner a warranty or guarantee, whether express or implied, as to the timely, or otherwise successful sale of the Property. 8. Photography & Publicity Release Client agrees to allow Staging Service to photograph staged areas of the property before and after the work is completed, and to use all such photographs for reference and marketing purposes. Client’s name will not be referenced without the written consent of Client. Client acknowledges and agrees that Staging Service may reasonably advertise Staging Service services while the Property remains staged. 9. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 10. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 11. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ______________. 12. Notices Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 13. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 14. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 15. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 16. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 17. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 18. Compliance with Laws In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. 19. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ___________________________ (Name of Staging Service) ________________________ By:________________________________ (P rinted Name of Client) _________________________ ________________________ (P rinted Name & Office in Corporation) (Signature of Client) __________________________ (Signature of Officer)