GoneGirl LLC Selling Agreement

 

Thank you for choosing GoneGirl. We are excited to work with you to sell your items. Please sign the attached Agreement and we will get your items gone(girl)! 

This Agreement (“Agreement”) is effective on the date of the last signature of any party to this Agreement and is between GoneGirl LLC (“GoneGirl”) and _______________________ (“Client”) regarding GoneGirl’s sale of Client’s item(s) at the following address: _______________________________ (“Client Property”). For good and valuable consideration, GoneGirl and Client agree as follows: 

1. Scope of Services. GoneGirl agrees to sell Client’s specified item(s) to third-party buyers, 

in such a manner as GoneGirl deems appropriate and will garner the best price. In order to sell the items, GoneGirl will (1) meet with Client (2) view, handle, and photograph item(s) at Client Property (3) meet prospective third party buyer(s) (“Buyers”) to view specified item(s) and (4) to the best of GoneGirl’s ability sell the item(s) at an agreed upon price (the “Services”). 

2. Price. Client agrees that the prices suggested by GoneGirl are reasonable based on their experience with the market and agrees that Client had the opportunity to modify or reject price, at Client’s discretion, before the final listing price was determined. After this Agreement is signed, all price changes or the removal of the item from sale must be in writing by Client to GoneGirl via email. The final item/price list is as follows: 

3. GoneGirl Commission. In exchange for the Services, Client agrees that GoneGirl’s commission is 40% of the final sale price per item. Client will receive Client’s portion of the payment (60% per item) within three weeks after the sale of an item. 

4. Right of Entry. Client grants GoneGirl and its employees, agents, and invitees (“Agents”) the right to enter Client Property to perform the Services. 

a. In order to perform the Services, it is necessary for GoneGirl to meet Buyers at Client Property. GoneGirl will contact Client and both parties will mutually agree, in writing, via email or text, on meeting dates and times. b. Client understands that to most effectively sell the specified item(s), GoneGirl may need to meet with Buyers when Client is not at Client Property. Client agrees that GoneGirl can meet with Buyers while Client is not at the Client Property, and Client will provide access for GoneGirl if necessary. 

5. Item Placement. In order to facilitate the sale of especially large or unwieldy item(s), GoneGirl may require Client to place item(s) as close to the most accessible entryway as possible, considering width of doorway, number of stairs, size of item, etc. GoneGirl will notify Client of this stipulation to move item(s) at the initial consultation, before agreeing to sell the item, and Client agrees to comply if applicable.

6. No Guarantee of Sales. GoneGirl makes no guarantee that any of Client’s item(s) will be sold however, GoneGirl will make every effort to sell Client’s item(s) at the agreed upon price. If the item(s) are not sold in a reasonable amount of time, as determined by GoneGirl, Client will be contacted regarding a price adjustment and next steps. 

7. Expiration. This Agreement shall automatically expire (without further action by either party) once item(s) are all sold, and Client receives Client’s portion of the payment. Should GoneGirl see additional item(s) for Client in the future, a new Agreement will be necessary. 

8. Security. Client warrants that Client Property is safe and secure and meets all local and federal housing codes. While performing Services, Gone Girl shall exercise all normal and reasonable safety precautions. 

9. Liability/Indemnification. Client will not hold GoneGirl liable for any property damage or personal injury before, during, or after any Services are performed. Client chooses to hire GoneGirl at Client’s own risk and Client is liable if any GoneGirl Agents, Buyers or any other persons on site to assist with the Services are caused injury or death in the course of performing the Services. Client indemnifies GoneGirl against all third-party claims that may occur during the performance of Services and holds GoneGirl harmless, now and forever. However, the foregoing indemnity and release of liability shall exclude any claims or liabilities caused by the gross negligence or willful misconduct of GoneGirl Agents. 

10. Insurance. Client warrants that Client maintains proper home insurance that includes dwelling and contents coverage and personal liability insurance. Client understands that, with or without proper insurance, Client is liable for any injury or property damage at Client Property during performance of Services. 

11. Minors. GoneGirl cannot access or enter Client’s property if a minor (under age 18) is at Client Property and no guardian is present. Please alert GoneGirl if an unattended minor is home and GoneGirl will schedule an alternative meeting time. Client agrees that GoneGirl is not liable for any unattended minors at Client Property during performance of the Services. 

12. Pets. GoneGirl reserves the right to refuse to perform Services if an animal in the home is considered dangerous. Pets left inside the home on the scheduled service date will be protected to the best of GoneGirl’s ability. GoneGirl will not be held responsible for the behavior of the pet(s) while the Services are being performed. 

13. Severability. If any provision of this Agreement is held invalid or unenforceable, the 

remainder of this Agreement shall nevertheless remain in full force and effect. 

14. Choice of Law. Client agrees that this waiver is governed, construed, and administered exclusively according to the laws of Maryland. Client agrees that any suit, action, or proceeding arising out of this waiver must be brought in a federal or state court located in Maryland. However, Client agrees to first try to resolve any and all legal disputes with the help of a mutually agreed upon mediator in Maryland. If the dispute is not resolved through mediation, the parties agree to submit the dispute to binding arbitration in Maryland under the rules of the Uniform Arbitration Act. 

I have read this agreement in its entirety and I fully understand the terms. I understand that I have given up certain rights by signing it and sign it freely and voluntarily without any inducement. 

Client: 

By: ________________________________________ 

GoneGirl LLC: 

By:

Paula O'Brien

________________________________________

Kathleen Wassiliew

________________________________________