As a condition of selling items in a Just Between Friends Consignment Sale, I represent, warrant and agree that the following are true and correct in all respects:
I am the owner of and have carefully inspected the items that I am consigning.
I understand and agree that Just Between Friends (JBF) of Houston Northeast and Just Between Friends Franchise Systems, Inc. are not responsible for fire, loss, theft or damage to the items I am consigning.
I understand that JBF Houston Northeast is only a broker or agent for the Consignor. JBF Houston Northeast has no obligation to pay for unsold items. Title possession remains with the Consignor.
I understand that I will earn 35% of my gross sales tagged by a Valet Tagger, less a $25 VALET Consignor Fee for participation in the JBF Franchisee sale. I understand that my $25 fee covers the first 200 items using the Valet Tagging service, and I will be charged a $5 supply fee for each group of 50 items thereafter.
I understand JBF Houston Northeast will sell the items I am consigning for the price listed on the barcode tags as created by the Valet Tagger. I understand that the price sold will be controlled by the printed tag attached to the item & not any subsequent changes online.
I understand all my items will be marked to reduce, items will be sold at 50% off at the Half Price Presale.
I understand if my item is marked donate, it will be available for sale as a fundraiser benefiting our charity partner, Northeast Houston Community Center, during the last hour of our sale on Saturday (to charity fundraiser ticket holders only).
I verify that no item I am consigning is the subject of any current, pending or threatened recall notice according to the Consumer Products Safety Commission.
Each item is clean, in good operating condition & is not defective, broken or damaged in any way. If any item is purchased and returned because it is defective, is missing parts or does not work, I will not be paid any amount for the sale of that item.
I understand that all remaining items are donated after Seller Pick Up ends.
I understand that by appearing in a public venue as a shopper or consignor, JBF has my permission to use my image in any JBF publicity avenue they choose. I may verbally request to not be photographed at the Sale.
I understand that the email address listed in my JBF Profile will be used to issue my consignor payment unless I request a paper check sent via US mail.
I consent to receive SMS messages (including text messages), and telephone calls from us, our agents, representatives, affiliates, or anyone communicating on our behalf at the specific number(s) you have provided to us, with service-related information, questions about your use of the Services, and marketing information. You certify, warrant, and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.
Representations and Warranties:
I am the owner of and have carefully inspected the items that I am consigning. I am aware of the requirements established by the Consumer Product Safety Improvement Act of 2008 (CPSIA) and related rules and regulations adopted and promulgated by the United States Consumer Produce Safety Commission (CPSC). I represent and warrant that the items that I am consigning do not violate the CPSIA or any related rules or regulations adopted by the CPSC regarding the resale of banned, hazardous or harmful items or products. Specifically, I represent and warrant that the items that I am consigning:
1. Have not been recalled by the CPSC;
2. Do not contain an amount of lead that is prohibited by the CPSIA or the CPSC;
3. Do not contain a concentration of phthalates that is prohibited by the CPSIA or the CPSC;
4. Do not contain flammable materials that are prohibited by the CPSIA or the CPSC;
5. Do not consist of small parts or produce small parts when broken, which could produce a choking hazard;
6. Do not otherwise present a substantial product hazard that has been prohibited by the CPSIA or the CPSC.
I agree to waive relinquish, discharge, release, and covenant not to sue JBF Houston (“JBF Franchisee”) and Just Between Friends Franchise Systems, Inc. (“JBF Franchisor”) or any of either entity’s members, officers, directors, agents, employees, and Team Members for any and all claims of injury, damage, or loss that any purchaser of the items I am consigning may have or that may accrue to any purchaser of the items arising out of, connected with, or in any way associated with such consigned items.
I agree to defend, indemnify and hold harmless JBF Franchisee and JBF Franchisor, and any of either entity’s members, officers, directors, agents, employees, and Team Members from and against, without limitation, any and all claims, loss, damages, forfeitures, penalties, liability, actions, suits, costs and attorney fees arising from or related to the items I am consigning, including, but not limited to, any and all claims, loss, damages, forfeitures, penalties, liability, actions, suits, costs and attorney fees arising from or related to violations of the CPSIA or any related rules and regulations adopted by the CPSC, including but not limited to the warranties indicated above.
I acknowledge the contagious nature of COVID-19 and acknowledge there is an unknown risk of exposure to COVID-19 through exposure to contaminated objects, as well as through personal contact. I voluntarily assume the risk that I may be exposed or infected by COVID-19 by participating in a Just Between Friends Consignment Sales Event and that such exposure may result in illness, injury, disability, or death. I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including but not limited to Just Between Friends, and Team Members, consignors, and customers of Just Between Friends. I voluntarily assume all the forgoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense of any kind. I acknowledge that I have a responsibility not to attend or participate as a Team Member at any Just Between Friends Consignment Sales Event if I am sick or running a fever or if I or a member of my household have been positively diagnosed with COVID-19. I agree to comply with all COVID-19 safety measures established by Just Between Friends, including but not limited to social distancing and certify that I am abiding by state/local laws regarding COVID-19 restrictions. I hereby release and hold harmless Just Between Friends, its employees, officers and vendors from and against all claims of damages and liability resulting from exposure to COVID-19.
By signing below, I confirm that: (1) I have read and fully understand this Consignor Agreement and Liability Waiver, including the Representations and Warranties stated above; (2) I agree to and warrant as stated above; and (3) no one has made to me representations, statements, or inducements that change or modify anything written in this Consignor Agreement and Liability Waiver.