INTERIOR STYLING SERVICES AGREEMENT

Last updated November 10, 2024

Company: The Staging Genius™ (“Company”)

Client(s): Refer to Invoice (“Client) 

Client and Company (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 to Access Subject Property: The Client warrants that the Company 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.

Scope of Services: The Company agrees to provide professional interior styling and related consultation services to the Client in conformance with the provisions of this Agreement. These services may include, as determined by the Company in discussion with the Client, consultation and coordination with the Client and/or third-party vendors or providers regarding placement, movement, acquisition, or removal of furniture, decorations, accessories, and/or other items. The Company may also, in discussion with the Client, select paint, flooring, lighting, plumbing fixtures, tiles, countertops, cabinets or other furniture, trims or other accents, doors, windows, and/or other styling features of the Subject Property for the Client. The Company will coordinate with the Client and/or third parties regarding the selection, purchase, delivery, and return and removal, if necessary, of any such items or other styling features identified herein. The Company may also provide home organization services, including organizing, placing, moving, or removing the Client’s furniture, decoration, accessories, and/or other items or styling features already present and installed in the Subject Property. The Company may also purchase items or styling features on behalf and for the Client. The Client may also arrange and/or rearrange items, including furniture, art, and accessories, at the Subject Property. Collectively, the above shall constitute the Company’s “Services” hereunder. The Company will use practical creativity, objectivity, market demographic knowledge, real estate knowledge, and expertise to professionally styling the interior of the Subject Property, subject to certain exclusions set forth in this Agreement. Client agrees that all styling decisions are at the sole discretion of the Company, in consultation with the Client. The Scope of Services and Subject Property may be defined or supplemented by the parties executing an addendum to this Agreement, which shall be annexed hereto and incorporated herein by reference. Any addendums to this Agreement shall be governed by the terms of this Agreement unless modified by the parties in accordance with the terms hereof.

Service Fees & Cancellation: The agreed-upon fee for the Services is $50 per hour in providing the Services. Additional fees may be identified in addendums executed by the parties, which are attached hereto and incorporated herein by reference. For any payment pursuant to this Agreement that is made more than five (5) days after the date of an invoice, the Company will charge Client a $100 daily late fee. The Company will invoice the Client every two weeks for the number of hours worked in that period, for which payment by the Client shall be due within five (5) days of the date of the invoice. Client agrees to reimburse the Company in full for any furniture, accessories, decorations, and/or other items and styling features that are purchased by the Company on behalf of and for the Client in providing the Services hereunder.

Additional Fees: If Client wishes to reschedule the start of Services within forty-eight (48) hours of the Start Date, a rescheduling fee of $50 may be charged by the Company. If the Company arrives at the Subject Property and cannot perform the Services because any construction, painting, and/or cleaning is not completed, at the discretion of the Company, the Services and Start Date will be rescheduled, and a rescheduling fee of $50 will be charged by the Company. All expenses incurred in collecting any overdue payments or returned checks are the responsibility of the Client. There is a $50 service charge for returned checks. A finance charge of one and one-half percent (1.5%) per month, eighteen percent (18%) per year, will apply to all obligations not paid pursuant to the terms contained herein. Client agrees that in addition to any service charges or interest, the Client shall be responsible for all legal fees and costs incurred by the Company in an effort to collect the fees due under this Agreement. If the Client elects to pay fees by credit card, a convenience fee of 4% will be charged by the Company in addition to any other fees or charges described herein. If the Client requests a change or return/replacement in the Services or items selected or purchased in providing the Services as described in Section 2 of this Agreement and pursuant to the terms of Section 2, the Client agrees to compensate the Company at the Company’s hourly rate as identified in Section 4, including for returning, moving, and/or purchasing replacement items.

General Exclusions: The Client understands and agrees that the Company will not perform any of the functions or services of a home inspector, construction contractor, or engineer. The Company does not inspect the Subject Property for defects in building materials, structure, or any other system or component of the building. The Company provides the Services only with respect to aesthetic quality and style, and with no consideration for the structural or material integrity or quality, functionality, operability, or longevity of any of the systems or components of the Subject Property, including the furniture and other items selected to be placed in the Subject Property in providing the Services hereunder. The Company is also 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. The Company 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 and makes no warranty, express or implied, about any of the systems or components of the Subject Property, including the furniture and other items selected to be placed in the Subject Property in providing the Services hereunder. The Company 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 the Company to take photographs or digital video and/or to make any other depictions of the Subject Property in order to provide the Services. Client authorizes the Company 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 the Company’s services to others. Client agrees to hold harmless, release, and forever discharge the Company 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: The Company may, in providing the Services, coordinate with a third party to supply goods and/or services to the Client in accordance with the Services hereunder by supplying, delivering, moving, installation, and/or removal of furniture, decorations, and/or accessories. The Company 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 the Company 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 the Company or for which the Company shall be liable to another. The Client acknowledges that the Company shall participate in selecting and coordinating the supplying, delivering, moving, installation, and/or removal of the furniture, decorations, and/or accessories.

INDEMNITY AND HOLD HARMLESS AGREEMENT. PLEASE READ CAREFULLY: Client agrees to defend, indemnify, and hold the Company 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 or the Services 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 the Company. 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 last date executed below and continue until terminated pursuant to the terms herein. This Agreement may be terminated by a party by providing at least ten (10) days’ written notice to the other party, and such notice is acknowledged by the Company. Fees due hereunder are non-refundable and are not pro-rated. This Agreement may be terminated at any time and without notice by the Company in the event of a material breach of this Agreement by the Client.

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. The Company 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 the Company to fulfill its obligations under this Agreement shall be made in writing to the Company upon discovery. The Client also agrees to allow the Company ten (10) days to come to the Subject Property to inspect and evaluate any condition complained of by the Client to the Company and not to make, or allow others to make, any alteration to the claimed condition until the Company 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 Colorado. 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 the Company is not an insurer and that the payment for the Services is based solely on the value of the services provided by the Company 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 the Company, 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 the Company from any and all additional liability, whether based on contract, tort, or any other legal theory. The Client understands that he/she/they is/are free to consult with another professional if the Client does not agree to this provision.

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 Start 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 Start 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 Start 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 the Company from any damage caused by any peril, including, but not limited to, flood, fire, theft, and/or any other damage to any installed items.

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/I/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 the Company 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.

Exhibit A:

Refer to Client's Invoice