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AGREEMENT FOR FURNISHINGS
Staging 360 Incorporated DBA Wellroomed (hereinafter “Wellroomed”) will provide to Client, on a rental basis, the furnishings and decorative accessories listed above or subsequently added to this Agreement (collectively “Furnishings”) at the “Premises” (defined as where the furnishings are used or stored) designated on the rental order:
Terms & Payment
Client agrees to pay all invoices associated with all Furnishings and services provided by Wellroomed, as described above. Client agrees to pay for the entire rental period without pro-ration. This Agreement will automatically extend for the rental term if not timely canceled by Client, as described below. Subsequent payments are due at the start of each new monthly rental period and will be charged to the credit card on file. Rental periods are not prorated.
If at any time rental fees due remain unpaid, Wellroomed has the right to enter the Premises and recover and remove all of its Furnishings, and Client shall give Staging 360 prompt access to the Premises to do so. There are no refunds of any fees for Furnishings or services if Client terminates this Agreement during the initial rental period or any extensions, or if Wellroomed terminates this Agreement for Client default. Unpaid amounts shall accrue a late charge of 1.5% of the amount unpaid per month. If the Client does not provide timely access to Wellroomed to recover the Furnishings at the end of this Agreement, an additional month’s rent may be charged.
Holds
The first 24-hour hold is complimentary. If Client wishes to continue to hold items, Client may request a single one-month hold. Held items require a deposit of the first month’s rental plus delivery and design fee (if applicable). The entire deposit will be applied to the first rental period (beginning at delivery). If Items are held more than 30 days, the first 30-day hold will be counted as the first month’s rental, and the deposit will be applied as payment. If the client fails to pay the holding deposit, Wellroomed will remove the hold and will no longer guarantee the availability of items. Cancellations to the hold must be in writing; each 7-day hold period is subject to a 20% restocking charge. Deposits for canceled holds will not be applied to any future rentals.
Returns / Refunds
Individual items that do not fit or unneeded and returned upon delivery, or the day of delivery, may be subject to a 50% restocking charge. Items which have been on hold for longer than 21 days and returned, will not be refunded. Returns after the delivery day, or for full order returns, will not be refunded.
Live-in / Occupied Rental
Use of rented furniture and accessories while in the premises requires a security deposit to be paid by check, credit card on file, or electronic transfer in advance of the rental. The deposit will be returned when the items are returned in good, rentable condition. If any item is returned at delivery standard restocking fees apply. The full or partial deposit may be used for repairs, cleaning, or replacement if items are returned damaged. Rates are determined by the item rented and term required. Terms can not be shortened or prorated once accepted.
Photography / Film Use
Wellroomed grants Client the right to photograph by means of film, tape, videotape, or any other method, such as Furnishings, to be used in connection with Client’s production and exploitation thereof.
All rights of every kind in and to all photographs and sound recordings made hereunder (including, but not limited to, the right to exhibit any and all scenes photographed or recorded in connection with the Furnishings in all media throughout the world in perpetuity) shall be and remain vested in Client, its successors, assigns and licensees, and neither Wellroomed nor any other party now or hereafter having an interest in the Furnishing, shall have any right of action against Client or any other party arising out of any use of said photographs and/or sound recordings whether or not such use is, or may be claimed to be defamatory, untrue, or censurable in nature and Lessor or any other party now or hereafter having an interest in the Furnishing, hereby waives any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the exploitation of any such photography or sound recordings.
The rights and remedies of Wellroomed in the event of any breach of this Rental Agreement shall be limited to Wellroomed’s right to recover damages, if any, in an action at law. In no event shall Wellroomed be entitled to enjoin or restrain or otherwise impair in any manner Client’s business activities or production,or any parts or elements thereof, or the use, publication or dissemination of any advertising, publicity or promotion in connection therewith.
Termination of Rental
If Client wishes to terminate a month-to-month rental, the Client must contact Wellroomed no less than five (5) business days prior to the renewal date. Cancellations of less than 5 business days will not cancel the subscription for the upcoming month. Termination of live-in rentals prior to the agreed term will need to be paid in full for the remaining length of the agreed term in full.
Deliveries and Pick-ups
Delivery charges are for a single round trip, including one delivery and one pickup, unless otherwise noted. Additional delivery or pickup will incur additional charges.
Client is responsible for securing unobstructed access to the building, including but not limited to the dock, elevator, and parking, for Wellroomed delivery and pickup.
For deliveries within Chicago, Client will provide a designated parking area on the premises where the Wellroomed truck can legally park for the entire time required for delivery or pickup (not less than 3 hours). A designated legal parking area may be a building loading dock or similar parking arrangement, but it must be reserved by the Client for exclusive use by Wellroomed during the agreed pickup or delivery period. If the Client cannot guarantee a designated legal reserved parking area on the premises, the Client must select the CDOT parking permit option at checkout so Wellroomed can obtain the permit. If a permit has not been obtained, or the Client does not provide designated legal parking, the delivery may be postponed, and cancellation fees may apply to the postponement.
Client is responsible for ensuring that the furnishings fit within the designated area and through entrances, hallways, stairways, and exits to facilitate item placement. If an item does not fit or there is insufficient access for delivery, Wellroomed will remove the item and may be subject to a 50% cancellation charge.
Client or a representative must be present during both delivery and pick-up. Client must inspect the Furnishings prior to the departure of the delivery team to verify receipt and condition of all items. It is the Client’s responsibility to review or inspect Wellroomed’s property upon delivery and pick-up. At delivery, Client must sign the delivery checklist and notify Wellroomed Customer Service of any problems, damages, questions or anything of the sort before the delivery team departs. If the Client is not present for delivery and/or fails to sign the delivery checklist identifying any damage, all items shall be deemed delivered in good condition, and the Client will be liable for any damage identified by Wellroomed upon pick-up.
If Wellroomed’s designated moving team causes damage to other property upon delivery or pick-up (other than personal property that obstructs access and was not removed by the Client as provided above), Wellroomed will repair or replace the damaged property at its cost.
Client’s responsibility for any item of Furnishings ends only when it is removed by Wellroomed’s employees or agents. Any other attempted disposition will not relieve Client of responsibility.
Wellroomed is responsible for any damage to its items during a Wellroomed delivery. Client will be responsible for any damages incurred while in the client’s possession, beginning at dock pickup until returned and inspected.
Other Terms
- Wellroomed retains ownership of all Furnishings. Client has no property or ownership interest therein.
- At all times during this Agreement, Wellroomed and its designated agents shall be given access to the Premises on one day’s notice to inspect the Furnishings.
- Client shall pay Wellroomed the full cost of repair of items returned or removed in damaged condition, or if not repairable to the original delivered condition, as determined by Wellroomed, or if lost or stolen during Client’s possession, then liquidated damages equal to twenty times the original rental charge of the item. Client acknowledges the reasonableness of this charge to compensate Wellroomed for the administrative costs of replacement, as well as the fact that some properties may not be replaceable and that the loss to Wellroomed may not be subject to calculation. Wellroomed remains responsible for damage to its property caused by its employees or agents during delivery of its property. Client should have the opportunity to cure prior to the charge.
- Except for Wellroomed’s responsibility for damage to Client property described above, Client shall hold Wellroomed harmless for and indemnify Wellroomed against any and all claims of liability that may be made by or against Client or Wellroomed as a consequence of providing Furnishings at the Premises. including any and all associated expenses and costs of defense.
- The laws of the State of Illinois shall govern this Agreement. At Wellroomed’s option, any dispute between the parties that cannot be resolved may be submitted to binding arbitration under the rules of and administered by the American Arbitration Association rather than being brought in a court of law. Wellroomed shall be entitled to reimbursement of all costs and expenses incurred in enforcing this Agreement unless the arbitrator determines that Wellroomed should be responsible.
- Any provision of this Agreement held to be void or unenforceable under any applicable law shall be deemed stricken, and all remaining provisions of the Agreement shall continue to bind both parties.
- This Agreement, together with all orders that supplement this Agreement, is a complete statement of the understanding and agreement between the parties hereto. No representation or agreement is relied upon by either party that is not memorialized in this Agreement. This Agreement may not be modified or altered in any way, except by a written agreement signed by all parties to this Agreement. Wellroomed hereby warrants that it has the full right and authority to make and enter into this Agreement and to grant the rights set forth herein and that the consent of no other party is necessary in order to effectuate the full and complete permission granted herein.
- The parties hereto agree that Wellroomed makes no representations or warranties regarding the effectiveness of its Furnishings in advertising and/or selling the Premises.