ASP Staging Business Issues & Samples

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Barrie Payne
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1 These materials are purely informational, not legal advice, and are to be used only for your general informational purposes. If you require personalized advice you should contact an attorney licensed in your state. These materials are provided AS IS and StagedHomes.com SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, OR ANY OTHER KIND, RESPECTING THE ACCURACY, COMPLETENESS OR CURRENCY OF THE INFORMATION AND MATERIALS. Sample 1 Page 1 of 14 ASP Staging Business Issues & Samples If you handle your own legal matters, it is important to be sure that all information you use including the information contained here is accurate, because laws change frequently along with fees, forms and procedures in your city/county/state/province/country. While it is our desire to keep information as current as possible, we assume no duty to up-date the information contained here, including the Article(s) and/or Sample Agreement(s) (collectively the Materials ) and specifically disclaim any warranties respecting the accuracy, completeness or currency of the Materials provided. The Materials provided herein are provided AS IS and WITHOUT WARRANTY OF ANY KIND expressed or implied (including without limitation, any implied warranty of merchantability or fitness for a particular purpose). As with any new business venture, YOU SHOULD ALWAYS CONSULT YOUR OWN ATTORNEY, INSURANCE AND TAX ADVISOR(S) LICENSED IN YOUR AREA PRIOR TO BEGINNING YOUR HOME STAGING BUSINESS. The following Materials are provided for general informational purposes and constitute neither exhaustive study nor legal, tax or insurance advice. They are often presented in summary or aggregate form. They are not meant as a substitute for the advice provided by your own attorney or insurance and tax professionals licensed in your area. The information and Materials are not intended to provide legal advice for you to rely on and your use, if any, does not create any attorney-client relationship of any kind. Applicability to any particular situation is dependant upon many factors, including variations of the laws in your area addressed to a specific set of known facts. Do not use this information as a substitute for obtaining professional advice from an attorney, insurance professional and tax advisor licensed in your city/county/state/province/country.

2 Page 2 of 14 Homeowner Agreement Date of Staging Name of Property Owner(s) The Property Address of Property to Be Staged 1. Written Bid/Proposal for Home Staging Services [Staging Company] hereby agrees to provide Home Staging Services at the Property per this Homeowner Agreement and the written bid/proposal incorporated by reference and subject to payment of all fees and costs. 2. 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 beginning on [date] and continuing until completed. Client agrees to protect any and all valuables in or about the Property by removing them to safe storage before [date of Staging]. Client agrees to provide at no cost to [Staging Company] all storage/moving materials including but not limited to: packing boxes, bubble wrap, packing material & tape and marking pens. Client acknowledges and agrees that Client s belongings may or may not be moved from room to room, or rearranged, or removed for storage (in the garage or off-site) at the sole discretion of [Staging Company]. Client further acknowledges and agrees that [Staging Company] may use nails or other similar materials to hang or display accessories as part of the Home Staging Services. Client hereby grants permission to [Staging Company] for anything on the Property (both interior and exterior) to be moved or rearranged inside or outside, including furniture or items from cupboards, pantries, closets, drawers, and the like as [Staging Company] deems necessary in its sole discretion to prepare the Property for sale except for the following item(s):

3 Page 3 of Photography & Publicity Release Example 1: Client agrees to allow [Staging Company] to photograph staged areas of the Property before and after the work is completed and to use all such photographs for reference and marketing purposes. [Optional Client s name will not be referenced]. Example 2: [Staging Company] shall have the right to photograph and otherwise record the Property (interior and exterior) before and after the provision of Staging services (collectively the Likeness ) and use and re-use all such photographs and recordings in any media now known or hereafter developed worldwide in perpetuity for advertising, trade, promotion and publicity purposes without further notification or permission and with no remuneration to Client. Client agrees [Staging Company] may use all or part of the Likeness and may alter or modify it regardless of whether the Property is identifiable. Client further agrees that [Staging Company] owns all right, title and interest (including without limitation all copyrights) in all such photographs and recordings hereunder and releases [Staging Company] from any claims or liability arising out of the recording or use thereof. 4. Release & Waiver Assumption of Risk Example 1: Client assumes all responsibility for personal property and for any markings or holes from artwork and/or furnishings incurred during installation, display and/or removal throughout the Staging process. Example 2: Client acknowledges and agrees that [Staging Company] is not liable for any personal injury or property damage during installation, use and/or removal of the Furnishings and accessories. 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. Hold Harmless Example 1 Client further agrees to release, indemnify and hold harmless [Staging Company], its officers, employees, agents contractors and suppliers ( Releasees ) against any and all losses, liabilities, damages, injuries, expenses and claims (including

4 Page 4 of 14 reasonable attorney s fees) of Client or any third party arising from Releasees entry onto the Property and/or activities as authorized by this Agreement, whether caused by negligence or otherwise, including without limitation property damage and personal injury claims. Example 2 Client further agrees to release, indemnify and hold harmless [Staging Company], its officers, employees, agents, contractors and suppliers against any and all losses, accidents, liabilities, damages, injuries, expenses and claims resulting in whole or part, directly or indirectly, from the Staging process. Example 3 [Staging Company] is not liable for any personal injury or property damage resulting in whole or part, directly or indirectly, from the Staging process and/or from any use of rented furnishings and Client acknowledges and agrees to assume any such risk. Limitation of Liability: Example 1: 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. Example 2: CLIENT AGREES THAT [Staging Company] s TOTAL LIABILITY IS LIMITED TO A REFUND OF THE FEE ACTUALLY PAID FOR THE HOME STAGING SERVICES. THE LIABILITY OF [Staging Company] s PRINCIPALS, EMPLOYEES, AGENTS, CONTRACTORS AND SUPPLIERS IS ALSO LIMTED TO THE FEE PAID BY CLIENT. [Optional] Absence of Warranties/Guarantees: Example 1: 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. Example 2: By performing Home Staging Consultation Services, [Staging Company] shall use good faith best efforts to present the Property in the best possible manner to potential buyers. [Staging Company] does not guarantee that the Property will

5 Page 5 of 14 sell faster, or at the highest market value, and is not responsible for the final outcome of any sale of the Property. Example 3: Home Staging is a marketing tool to prepare a home for sale. This is not a home warranty, assessment, appraisal, guarantee expressed or implied, insurance policy or substitute for real estate transfer disclosures which may be required by law. ACCEPTED AND AGREED THIS day of, 200[] Property Owner(s) Property Owner(s) By Printed Name Date Address By Printed Name Date Address Staging Company By Printed Name Date Address

6 Page 6 of 14 Staging Inventory of Furniture & Accessories Leased by [Staging Company] and Placed in the Property The Property Address: Staging Date: Client: FRONT ENTRY 1 black & white mat 1 white table 1 tin vase with dried arrangement LIVING ROOM AND DINING ROOM 1 black floor lamp 1 glass plate with potpourri 2 black pillows cotton 2 black pillows chenille 2 black & red & gold striped pillows 1 tree focus & basket 1 Chrome basket with braches & excelsior 1 lamp brass/reading 1 Copper container with willows & greens 1 throw-tasseled fabric on dining room table HALL-DOWNSTAIRS 1 white table 1 vase ceramic with sticks 1 picture oriental woman 1 picture done by elephant 1 birdhouse red GUEST ROOM 2 tables bedside/wood/covered 1 picture geese & flowers 1 comforter rose print

7 Page 7 of 14 2 pillows 1 purple, 1 green 2 king sheets 1 flat, 1 fitted used as tablecloths 1 tree pink flowers in basket 1 tray white 4 king pillows with rose print sham 1 purple napkin 1 cup & saucer 1 mini bench 1 rose vine 1 grape vine heart wreath with greens & flowers 1 ceramic duck 2 lamps candlesticks with black shades GUEST BATHROOM 1 rug small oriental green 1 rug skid 1 towel black with raffia & roses 1 birdhouse red 1 fish sculpture (3 fish) 1 pate rack iron 2 hand towels black 1 shower curtain green/white leaf print and white rod HALL TO DOWNSTAIRS GUEST ROOM 1 picture Pike Place Market (sweat peas in basket) DOWNSTAIRS OFFICE 3 pillows red/black/gold stripe 1 office chair 1 basket 1 tree Fichus in basket FAMILY ROOM 1 basket by fireplace 1 basket with palm & greens 1 green throw 1 orchid in pot pink 1 tray on ottoman 1 tree- Fichus 1 breadbasket with remotes in it 3 bar stools 1 tray with rocks 1 birdhouse red 1 area rug green 1 plant stand iron 1 basket (with owner s plant inside)

8 Page 8 of 14 KITCHEN 1 bistro set 1 table, 2 chairs 1 table cloth multi color with fringe 2 napkins tan 2 napkin holders black metal 1 rug leopard 1 rug skid 1 fish sculpture metal 1 napkin purple 1 lamp vegetable 3 plant greenery basket 1 small brochure holder bucket UPSTAIRS 2 BEDROOM 2 cushions white 1 lamp Rattan, with shade 2 Rattan chairs 1 throw BATH JACK & JILL 2 hand towels green 1 birdcage with greenery UPSTAIRS BATHROOM 1 black/white-checkered fabric LAUNDRY ROOM 2 towels green 1 hand towel 1 dog cut out 1 bunny pillow needlepoint 1 dog bed 1 mirror picture frame 1 small picture 1 lamp 1 small decorative chair 1 plaque small greenery

9 Page 9 of 14 CHILDREN S ROOM 1 rubber ducky 1 picture I have magic 1 table 2 chairs 1 coat rack 1 Happy Birthday Hat 1 stoplight light 1 American Flag UPSTAIRS LANDING 1 tree assorted rocks 1 large cottage picture with poppies 1 chair with Rattan seat MASTER BEDROOM 1 couch tan with 2 pillows 1 pillow green 1 throw green 1 ottoman Rattan 2 napkins green 1 charger brass 1 pumpkin gold with raffia & rocks 1 sconce white 1 tin with grass & sticks 1 tree in basket 2 pillows king 1 wreath grapevine 2 floral pillows tan/purple assorted greenery in suite MASTER BATH 2 towels black 1 art deco - woman HALLWAY IN MASTER BEDROOM 1 mirror cathedral white 1 basket with green 2 books My from the heart & Running from Safety 1 candle stand with 3 white candles 2 pillows tan 2 tassels gold & black

10 Page 10 of 14 Estimated Inventory Replacement Value: $ ACCEPTED AND AGREED THIS day of, 200[] Property Owner(s) Property Owner(s) By Printed Name Date Address By Printed Name Date Address Staging Company By Printed Name Date Address

11 Page 11 of 14 House Address: Billing Address: Projected Staging Date: Staging Services Bid [or Proposal For Staging] at: Example 1: Services Description Staging of Entry. Expected furnishings include antique entry table, wall décor & accessories. Staging of Living Room. Expected furnishings include sofa, 2 armchairs, end table and area rub (for library area near shelving), wall décor, plants and accessories. Staging of Dining Room. Expected furnishings include dining table, 6 dining chairs, buffet/sideboard, area rug, wall décor, plants & accessories. Staging of Kitchen. Expected furnishings include wall décor & accessories. [Owners to remove or paint over wallpaper. Recommendation Benjamin Moore #HC-44 Lenox Tan. Staging of Powder Room. Expected furnishings include wall décor & accessories. [Owners to remove or paint over wallpaper. Recommendation Benjamin Moore #HC-168 Chelsea Gray on all walls. Or if just painting stripped walls, use #HC-44 Lenox Tan. Staging of Breakfast Nook. Expected furnishings include breakfast table, 2-4 chairs, wall décor & accessories. Staging of Nanny Suite. Expected furnishings include armchair, end table, & table lamp. Staging of Master Suite. Expected furnishings include queen bed, 2 nightstands, dresser w/mirror, armchair, end table, 2 bistro chairs for balcony, wall décor & accessories. Staging of 1 st Bedroom. Expected furnishings include queen bed, nightstand, highboy dresser, lamps & accessories. Staging of 2 nd Bedroom. Expected furnishings include armchair, end table & table lamp. Staging of All Bathrooms. Expected furnishings include shower curtains, towels, wall décor & accessories. Furniture used will coordinate with style & period of the Property. *Accessories include bedding, bathroom & kitchen items, linens, vases, lamps, candles, etc. Fees

12 Page 12 of 14 Delivery, move-in, set up and move out of all Furnishings. Initial Rental Fee of Furnishings for first 30 days after installation. Incl. Incl. TOTAL for Staging Services & $3610 first 30 days of Furnishings Rental $1305/month Thereafter, monthly rental fee for Furnishings due at the first of each monthly period. Terms: The initial Staging payment will be due in full upon day of hire. Monthly rental fees will not be prorated. Two weeks notice is required to terminate this rental agreement. Example 2 Plan/Option 1 Staging Fee Includes ASP Professional Staging Team, loading, unloading, Travel and actual Staging Services as well as destaging the house as the property sale closes. [Staging Company] Monthly Furnishings Rental Fee TOTAL DUE AND PAYABLE UPON COMPLETION $ $ $ Plan/Option 2 Staging Fee Includes ASP Professional Staging Team, loading, unloading, Travel and actual Staging Services as well as destaging the house as the property sale closes. Brook Furniture Monthly Furniture Rental Fee $ $ [Staging Company] Monthly Accessories Rental Fee TOTAL DUE AND PAYABLE UPON COMPLETION $ $

13 Page 13 of 14 An itemized list of Inventory of [Staging Company s] Furnishings & Accessories placed in your home in each room will be provided to you after completion for your review and signature. It is our sincere pleasure to present this bid [or proposal] to you. If you have any questions about any part(s) of this bid [or proposal], please let us know. We are here to work within your time frame and your budget and we look forward to serving you. Thank you very much! [Staging Company] Date:

14 Page 14 of 14 Invoice for Staging Services Invoice Date: Invoice #: Please Remit to: [Staging Company] Address Phone To: Client: [Name/Address/Phone] Example 1: Services Description Fees Price Staging Services for 3600 sq. ft occupied home; 3.5 hours $75/hour $ TOTAL $ Terms: Accounts are due within days of service. A service charge of % per month will be charged on all past due accounts. Example 2: Services Description Rate Amount Staging Set Up and DeStaging $300 $300 Furniture & Accessories rental fee $150 $150 for first 30 days after installation (see attached Inventory) TOTAL Now Due $ Terms: Due upon completion of Staging Services and Installation. Example 3: Services Description Staging Services in Entry, Living Room, Dining Room, Kitchen, Master Suite, Second Bedroom, All Bathrooms Delivery, move-in, set up and move out of all Furnishings Initial Rental Fee of Furnishings for first 30 days after installation TOTAL for Staging Services & first 30 days of Furnishings Rental Thereafter, monthly rental fee for Furnishings due at the first of each monthly period. Fees Incl. Incl. Incl. $1470 $735/month Terms: The initial Staging payment will be due in full upon day of hire. Monthly rental fees will not be prorated. Two weeks notice is required to terminate this rental agreement.

ASP Staging Business Issues & Samples

ASP Staging Business Issues & Samples These materials are purely informational, not legal advice, and are to be used only for your general informational purposes. If you require personalized advice you should contact an attorney licensed in