HOME STAGING AGREEMENT
THE PARTIES: This Agreement (“Agreement”) made on ______________________,
20____, is between ______________________(Client) with a mailing address of
______________________, City of ______________________, State of
______________________ and ______________________( Staging Company) with a
mailing address of ______________________, City of ______________________, State of
______________________ both of whom agree as follows:
IN CONSIDERATION OF the matters described above and of the mutual benefits and
obligations set forth in this Agreement, the receipt and sufficiency of which consideration is
hereby acknowledged, (individually the “Party” and collectively “The Parties” to this
agreement) agree as follow:
TERMS
1. TERMS OF AGREEMENT
The term of this agreement (the “Term”) will begin on the date on this agreement
and will remain on full force and effect until the completion of the services, subject
to earlier termination as provided in this Agreement. The Term may be extended
with the written consent of the parties.
2. AUTHORITY TO ENTER AGREEMENT
Each Party warrants that the individuals who signed this Agreement have the actual
legal power, right and authority to make this agreement and bind each respective
Party.
3. DESCRIPTION OF SERVICES
Subject to the terms and conditions of this Agreement, [Staging Company] agrees to
provide Home Staging Services at the Property, including but not limited to
furniture arrangement, organization, clutter elimination, and enhancement with
furnishings, accessories and props rented by Client] for the purposes of Staging said
Property. During the staging process, the staging company does not want other
people present, house owner and other people agent, as this will slow down their
work.
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4. PAYMENT
Client will pay to [Staging Company] the sum of $ for the Home Staging Services.
Payment is due in full at the beginning in full when staging furniture’s are all in. In
the instance they extend the rental contract the extension payment will be collect
when they move out.
5. CLIENT CONSENT
Client hereby grants to [Staging Company] and its employees, agents, independent
contractors and suppliers’ permission to enter upon and use the Property for the
purpose of providing Home Staging Services listed above beginning on [date] and
continuing until completed.
6. RELEASE AND WAIVER
Client acknowledges and agrees that installation of mirrors, artwork, wall hangings
and other furnishings during the Staging process may require hooks and/or nails to
be placed in the walls of property. Upon removal, small holes will be left. Touch up
work on these is the responsibility of Client. The house owner, however, is
responsible for theft and damage of furniture’s, décor and arts, they will be required
to pay back the staging company.
7. HOLD HARMLESS
The company shall be fully be defended, indemnified and held harmless from any or
all claims ,lawsuits, demands ,cause of action, liability, loss, damage and/or injury
,of any kind whatsoever (including without limitations all claims for monetary loss,
property damage, equitable relief, personal injury and/or wrongful death),whether
brought by an individual or other entity ,or imposed by a court of law or by
administrative action of any federal state or local governmental body or agency
,arising out of, in any way whatsoever, any acts, omission, negligence ,or willful
misconduct on the part of the company ,its officers ,owners ,personnel, employees,
agents, contractors, invitees or volunteers. This indemnification applies to and
includes, without limitation, the payment of all penalties, fines, penalties, fines fees
and related costs or expenses, and any reimbursements to the company for all legal
fees, expenses and costs incurred by it.
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8. LIMITATION LIABILITY
Client hereby agrees that in no event shall [staging company], its officers,
employees, agents, contractors and/or suppliers’ total and aggregate liability under
this agreement exceed the amount of fees paid by client.
9. WARRANTIES AND GURANTEES
Client understands that [Staging Company] does not and cannot guarantee success
or any particular result. While we shall use our best professional efforts to achieve a
successful result, we can make no warranty or guarantee expressed or implied as to
the successful sale of the Property in your favor. An expression of the relative merits
of the Property and your chances of success are only expressions of opinion and
estimates.
10. TERMINATION
During the course of this agreement, the company may terminate this Agreements if
there is illegal activity, destruction of property or any other breach.
11. DISPUTE RESOLUTION
If the Parties are unable to resolve a Dispute through informal negotiations, the
Dispute will be finally and exclusively resolved by binding arbitration. The
arbitration shall be commenced and conducted under the Commercial Arbitration
Rules of the American Arbitration Association ("AAA"). The arbitration may be
conducted in person, through the submission of documents, by phone, or online. The
arbitrator will make a decision in writing, but need not provide a statement of
reasons unless requested by either Party. The arbitrator must follow applicable law,
and any award may be challenged if the arbitrator fails to do so. If for any reason, a
Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or
prosecuted in the state and federal courts located in [name of county] County, [name
of state], and the Parties hereby consent to, and waive all defenses of lack of
personal jurisdiction, and forum non convenient with respect to venue and
jurisdiction in such state and federal courts. Application of the United Nations
Convention on Contracts for the International Sale of Goods and the Uniform
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Computer Information Transaction Act (UCITA) are excluded from these Terms of
Use.
12. NOTICES
All notices under this Agreement shall be in writing and sent to the address of the
recipient specified herein. Any such notice may be delivered by hand, by overnight
courier, certified mail with return receipt, or first class pre-paid letter, and will be
deemed to have been received (1) if delivered by hand – at the time of delivery; (2)
if delivered by overnight courier – 24 hours after the date of delivery to courier with
evidence from the courier; (3) if delivered by certified mail with return receipt – the
date as verified on the return receipt; (4) if delivered by first class mail – three (3)
business days after the date of mailing.
13. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the Parties related to the
matters specified herein, and supersedes any prior oral or written statements or
agreements between the Parties related to such matters.
14. INSURANCE
Client is encouraged to obtain and/or maintain his or her own personal property loss
insurance.
15. SEVERABILITY
If any term, covenant, condition, or provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions shall remain in full force and effect and shall in no way be affected,
impaired, or invalidated.
16. FORCE MAJEURE
Neither party shall be liable for any failure to perform under this Agreement when
such failure is due to causes beyond that party’s reasonable control, including, but
not limited to, acts of State or governmental authorities, acts of terrorism, natural
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