REFUND AGREEMENT

August 31, 2023

REFUND AGREEMENT
BETWEEN

______ (COMPANY)

AND

_______ (CLIENT)


THIS AGREEMENT is made on the …………..day of………….20……., (hereinafter,
“Effective Date”) entered into by the Company and the Client (Company and Client
collectively referred to as the “Parties” or individually as the “Party”) and includes that
Party’s successors and assigns.
In consideration of covenants and agreements contained in this agreement, and other good and
valuable consideration, the receipt of which is hereby acknowledged, Parties agree to the
following terms and conditions and to be bound thereby:

  1. TERM
    This agreement shall be valid from the Effective Date until Termination.
  2. CONSIDERATION
    The Company shall provide customer financing services to the Client, through third parties
    i.e. Acima, American First Finance, and Progressive financing. This will enable the Client to
    purchase the Company’s products through credit lines. Where the Client is dissatisfied with
    the products herein, and they wish to make a cancellation or return, they may get the
    cancellation/termination, and a refund subject to the following conditions:
     The Company will take up the lease and payments therein;
     The Company will pay the account off in full within ninety (90) days; and
     The Client’s will receive 9% of the financing.
    The Client understands and acknowledges that signing this agreement gives the Company the
    power and authority to perform the above-mentioned acts, and any other ancillary acts
    including but not limited to entering and updating the Client’s lease accounts on online portals
    to the Company’s account information to complete the lease transfer without further charges
    on the Client under the lease. The Client herein also understands and acknowledges that under
    American First Financial, once the account is closed, it will show a closed account on their
    credit report.
  3. INDEMNIFICATION
    The Client agrees to indemnify, hold harmless and defend the Company and its directors,
    officers, employees, and agents from and against any incidental, consequential, indirect or
    special damages, or for any loss of profits or business interruptions caused or alleged to have
    been caused by the performance or nonperformance of the services.
  4. NON-ASSIGNMENT
    The Client shall not transfer or assign this agreement without the Company’s consent.
    However, the Company may transfer or assign this agreement or subcontract its obligations
    hereunder at any time without the Client’s consent.
  5. DISPUTE RESOLUTION
    Parties agree to settle disputes under this Agreement through (select one)
    ☐Negotiation ☐Mediation ☐Arbitration
    ☐Litigation.
  6. TERMINATION

Fulfillment of the parties’ obligations herein shall constitute termination of this agreement.
The termination of this agreement shall not discharge the liabilities accumulated by either
Party. Any Clauses intended by the Parties or this agreement to survive the termination of this
agreement shall survive the termination of this agreement by whatever cause.

  1. CONFIDENTIALITY
    All non-public, confidential, or proprietary information of a Party (Disclosing Party), whether
    disclosed orally or disclosed or accessed in written, electronic or other form or media, and
    whether or not marked, designated or otherwise identified as “confidential” in connection
    with this Contract is confidential, solely for the use of performing this Contract and may not
    be disclosed or copied unless authorized in advance by the Disclosing Party in writing. Upon
    the Disclosing Party’s request, the other Party (Recipient Party) shall promptly return all
    documents and other confidential materials received from Disclosing Party. Disclosing Party
    shall be entitled to injunctive relief for any violation of this Section. This Section does not
    apply to information that is: (a) in the public domain; (b) known to Recipient Party at the time
    of disclosure, or (c) rightfully obtained by Recipient Party on a non-confidential basis from a
    third party.
  2. FORCE MAJEURE
    For this Agreement, “Force Majeure” means an event which a diligent party could not have
    reasonably avoided in the circumstances, which is beyond the control of a party and includes,
    but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather
    conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other
    action by government agencies. A Party’s failure to fulfill its obligations due to Force Majeure
    shall not be considered a breach of this Agreement, provided that the Party has taken all
    reasonable precautions, due care, reasonable alternative measures, and minimal delay all to
    carry out the terms of this Agreement.
  3. DRAFTING RESPONSIBILITY
    Neither party shall be held to a higher standard than the other party in the interpretation or
    enforcement of this Contract as a whole or any portion hereof based on drafting
    responsibility.
  4. FURTHER ACTIONS
    The parties agree to execute any other documents, or carry out any further actions needed to
    effect this agreement.
  5. CHANGES TO THE AGREEMENT
    Either Party may request changes to the agreement, but they will only be effective if agreed in
    writing, and signed by all Parties. If any ambiguity is found in the agreement or various
    documents forming this agreement, the Parties shall issue any necessary clarification or
    instruction.
  6. NO WAIVER
    Except where otherwise provided, failure by either party to enforce any of these terms or
    conditions shall not be a waiver of their right to enforce them. No waiver by a party of any
    breach of, or of compliance with, any condition or provision of this Agreement by the other
    party shall be considered a waiver of any other condition or provision or of the same
    condition or provision at another time.
  7. SEVERABILITY
    The provisions of this agreement are severable. If any provision is held to be invalid or
    unenforceable, it shall not affect the validity or enforceability of any other provision.
  8. COUNTERPARTS

This agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original and all of which taken together shall constitute one instrument.

  1. ENTIRE AGREEMENT
    This agreement constitutes the entire agreement between the parties. It supersedes all prior
    oral or written agreements or understandings between the Parties concerning the subject
    matter of this agreement. All documents annexed to this agreement shall be subject to the
    terms under this agreement, provided that the Parties append their signatures on the
    documents. The Parties will exercise utmost good faith in this agreement.
  2. HEADINGS
    The article and section headings in this agreement are for convenience; they form in no part of
    this agreement and shall not affect its interpretation.
  3. PRONOUNS
    All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine,
    neuter, singular, or plural, as the identity of the person or entity may require. As used in this
    agreement: words of the masculine gender shall mean and include corresponding neuter
    words or words of the feminine gender, and words in the singular shall mean and include the
    plural and vice versa.
  4. CLIENT ACKNOWLEDGEMENTS
    The Client acknowledges that they have been provided with the opportunity to negotiate this
    agreement and to seek legal counsel before signing this agreement. In addition, the Client
    acknowledges that they have entered into this agreement with the capacity and authority to
    contract freely and voluntarily.
  5. GOVERNING LAW
    This Agreement shall be governed in all respects by the laws of _____________state, and its
    Courts without regard to its conflict of law provisions.
    IN WITNESS WHEREOF, each of the Parties has executed this agreement, as of the day
    and year set forth below.
    Signed by the duly authorized representative
    of the COMPANY
    Signature:
    Name: …………………………………………
    Designation: ……………………………………
    Date: …………………………………………….

Signed by the CLIENT

Signature:
Name: …………………………………………
Date:
…………………………………………….

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