REAL ESTATE STAGING AND FURNITURE/ACCESSORIES RENTAL AGREEMENT
Client(s): (“Client”)
Address of Service: (“Subject Property”)
Service(s) Provided: (“Services”)
Starting Date Estimate:
Ending Date Estimate:
Client and Austin Style (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:
Permission and Ability to Access Subject Property: The Client warrants that Austin Style 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 Service Date and during the term of this Agreement, with the prior permission of the Client. The Client shall provide Austin Style with the requisite means to enter the Subject Property periodically, if/when needed, during the term of this Agreement to provide the services described herein.
Staging Preparation: The Client will ensure that all planned construction, painting, and/or cleaning is completed and that the Subject Property is ready the day before the Service 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. The Client agrees to have no people or animals present at the Subject Property on the Staging Date(s). The Client will ensure Austin Style can access the Subject property via a lockbox code, key, and/or alarm security code.
Scope of Services: Austin Style agrees to provide professional 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 to prepare for Services, 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 Austin Style 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 Austin Style is authorized to do so. Austin Style will use current trends, practical creativity, objectivity, market demographic knowledge, real estate knowledge, and expertise to professionally execute this contract. The Client agrees that all staging decisions are at the sole discretion of Austin Style. The Client further warrants that Austin Style has permission to hang art, mirrors, or other items, and that Austin Style is not responsible for filling holes or damage caused by holes made by hanging said items.
Service Fees & Cancellation: The agreed-upon Retainer Fee for the Services is $1000. The Retainer Fee is payment for reserving Staging Services on _______________ and (twelve (12) weeks of furniture and accessories rental from Austin Style by the Client. The Retainer Fee, a nonrefundable deposit, is due by the Client upon acceptance of this Agreement to schedule and reserve a Service Date; this Retainer Fee will go toward the balance due. The Client understands and agrees that the Services will not be scheduled unless and until the deposit is paid to Austin Style. The remaining balance of the initial fee is due twenty-four (24) hours before the Service Date. The Client must provide at least forty-eight (48) hours’ written notice, prior to the scheduled Service Date, in the event of a needed reschedule. In the event of a cancellation, the Retainer Fee shall convert to a Cancellation Fee in the amount of the Retainer Fee. Any and all monies paid are nonrefundable.
Additional Fees: If Austin Style arrives at the Subject Property and cannot begin Service because any construction, painting, and/or cleaning is not completed, at the discretion of Austin Style, the Staging Date will be rescheduled, and a rescheduling fee of $700 will be charged by Austin Style. This fee is to cover extra expenses incurred because of the need for a reschedule.
General Exclusions: The Client understands and agrees that Austin Style will not perform any of the functions or services of a home inspector. Austin Style does not inspect the Subject Property for defects in building materials, structure, or any other system or component of the building. Austin Style 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. Austin Style 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. Austin Style 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.
Photographs and Other Depictions of the Subject Property: The Client permits Austin Style to take photographs or digital video and/or to make any other depictions of the Subject Property to provide the Services and retain before and after photos. Client authorizes Austin Style 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 Austin Style’s services to others. Client agrees to hold harmless, release, and forever discharge Austin Style 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.
No Liability for Third-Party Service Providers: Austin Style may, in providing the Services, coordinate with a third party to supply goods and/or services to the Client in accordance with the Services here under by supplying, delivering, moving, installation, and/or removal of furniture, decorations, and/or accessories for the staging. Austin Style 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 Austin Style 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 Austin Style or for which Austin Style shall be liable to another. The Client acknowledges that Austin Style shall participate in selecting and coordinating the supplying, delivering, moving, installation, and/or removal of the furniture, decorations, and/or accessories for Services.
INDEMNITY AND HOLD HARMLESS AGREEMENT. PLEASE READ CAREFULLY: Client agrees to defend, indemnify, and hold Austin Style 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 Austin Style. 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.
Term of Agreement: Client and Company agree that the Services will begin on the date executed above and continue until the date executed above. The initial term of this Agreement shall be twelve (12) weeks. To renew this agreement, the Client must provide at least seven (7) days’ written notice, and such notice must be acknowledged by Austin Style. Renewal fees are non-refundable and are not pro-rated. This Agreement may be terminated at any time and without notice by Austin Style in the event of a material breach of this Agreement by the Client. Upon termination of this Agreement, Austin Style 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 fees accrued Client shall in all instances cooperate with Austin Style in removal of any and all items, furniture, and accessories belonging to Austin Style.
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 Austin Style 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.
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. Austin Style 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.
Notice of Claims: The Client agrees that any claim for failure of Austin Style to fulfill its obligations under this Agreement shall be made in writing to Austin Style upon discovery. The Client also agrees to allow Austin Style five (5) days to come to the Subject Property to inspect and evaluate any condition complained of by the Client to Austin Style and not to make, or allow others to make, any alteration to the claimed condition until Austin Style 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.
Choice of Law: This Agreement shall by governed by the law of the state of Texas. 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.
LIMITATION OF LIABILITY. PLEASE READ CAREFULLY: The Client understands and agrees that Austin Style is not an insurer and that the payment for the Services is based solely on the value of the services provided by Austin Style 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 Austin Style, 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 Austin Style from any and all additional liability, whether based on contract, tort, or any other legal theory.
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.
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 Austin Style from any damage caused by any peril, including, but not limited to, flood, fire, theft, and/or any other damage to the staged items.
Damage to Staged Items: Client shall bear sole responsibility and shall be exclusively liable for all loss, 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, Austin Style. 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 Austin Style.
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 Austin Style. Client represents and warrants to Austin Style that the Subject Property is equipped with adequate theft and fire detection/prevention systems that are always activated.
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.
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.
Client’s Agreement & Understanding of Terms: By signing this Agreement, the undersigned Client agrees that he/she/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 Austin Style for different terms and conditions.
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.