THIS AGREEMENT (“Agreement”), entered into this day by and between myself (“Seller”), and Snuggle Bugs & Company, LLC (“the Company”). Whereas, the Company is holding a Consignment Sale starting on September 7, 2018 (presales), and ending on April 15, 2018, at Printscape Arena, formerly known as the Iceoplex at Southpointe, for the purpose of reselling children’s clothing and goods; and whereas, the Seller desires to participate in this sale and offer its goods for sale to the public;
Therefore, in consideration of the premises and mutual covenants set forth herein, the parties hereto, intending to be legally bound, agree as follows:
Seller hereby agrees to indemnify and hold harmless, the Company and its heirs, executors, administrators, assigns, agents and subagents from any and all actions and causes of action which may in any way be related to the Consignment Sale including, but not limited to, purchase and use of any of the goods offered for sale by Seller at the Consignment Sale or from Seller’s presence at the Consignment Sale, whether arising in law or in equity whatsoever including, but not limited to, actual and consequential damages, indirect costs, counsel fees, litigation costs and other costs.
Seller does hereby release, remiss and forever discharges the Company, and its heirs, executors, administrators, assigns, agents and subagents, the owner, lessee and lessor of the property that is the location of the Consignment Sale (the “Property”), any volunteer or paid participants in the sale, their insurers, heirs, executors, administrators, assigns, agents, and subagents from any and all actions and causes of actions at law or in equity whatever related to, associated with or arising out of any item delivered by Seller to the Company and/or Consignment Sale, the Seller’s presence on the Property and any and all other undertakings by the Company pursuant hereto.
Seller certifies that the items provided by it for sale at the Consignment Sale are in good working order, are not subject to recall, and have not suffered any known damage that would render the items unsafe to use. Seller agrees that it is the Seller’s sole responsibility to confirm that the products being provided for the Consignment Sale are in good working order and are not subject to recall. Seller also certifies that none of the items contributed to the sale is known to contain lead paint and is in compliance with current lead safety standards.
Seller agrees that all small items priced $20 or more will be checked in at the front desk AT THE TIME OF DROP OFF, otherwise, Snuggle Bugs is not responsible for that item and the Seller will not be compensated for that item if it is unsold and not returned to the Seller following the sale.
Seller agrees that on the final day of the sale, Saturday, September 15, 2018, all unsold items will be sold at half of the price originally designated by the Seller unless the Seller indicated otherwise when completing their data entry of the item into the Company’s system.
Seller agrees that any items not picked up by the Seller at the end of the designated pick up time, Sunday, September 16, 2018 from 5pm to 8pm, will be donated to a charity or charities designated by the Company.
Seller agrees that any unsold items that they have been designated as a donation will be donated to a charity or charities designated by the Company.
Seller agrees to cash checks issued as proceeds from the Consignment Sale within 30 days. Seller proceed checks will be mailed to the address provided upon registration the day following the close of the sale.
Seller agrees that the distribution of proceeds from the sale of each item for the Consignment Sale will be as follows:
A ten-dollar processing fee ($10) will be deducted from each Seller's total earnings. Seller will receive 60% of the selling price and Snuggle Bugs & Company, LLC will receive 40% of the selling price as a consignment fee.
Sellers who have completed volunteer shifts within specified guidelines, may receive a discount to these rates. Any discounted rate will be negotiated prior to the start of the Consignment Sale and attached to this agreement as Exhibit A. Seller agrees that the Company will, at its sole discretion, determine eligibility for incentive payments in reference to the referral program.
Seller agrees to personally pick up all items or send a representative to pick up all items on the designated day during the designated “Pick Up” times. At Pick Up, the Seller or the Seller’s representative must sign an acknowledgment indicating that all of his/her items have been sold or picked up and further releasing the Company for these items. Any dispute regarding missing items must be brought to the attention of the Company at Pick Up. Failure of Seller to do so results in waiver of any claim to these items. If Seller sends a representative to pick up the items, Seller agrees to be bound by any action of the representative, including signing the acknowledgment or failing to dispute any items.Items that are unavailable for pick up must be reported on a Missing Items Report. If the item(s) cannot be found and returned to the consignor, the consignor will be compensated for the item as if it had sold on the final day of the sale.