Enumclaw Estate Sale! Ton's of 90's and Y2K!

ALL THINGS ESTATE SALES – TERMS & CONDITIONS
Draft for Legal Review
1. DEFINITIONS
“Company” refers to All Things Estate Sales.
“Client” refers to the individual(s), estate representative(s), executor(s), trustee(s), or authorized party engaging the Company.
“Premises” refers to the property where services are performed.
“Sale” means any estate sale, liquidation, clean-out, online listing, or resale service conducted by the Company.
2. SCOPE OF SERVICES
2.1 The Company provides estate sale management, valuation, staging, pricing, advertising, conducting sales, and optional post-sale clean-out services.
2.2 The Company retains full discretion over the method of sale, pricing strategies, staging, marketing approach, and operational procedures.
2.3 The Company may sell items on-site, online, through consignment, or through third-party marketplaces if deemed advantageous for the Client unless otherwise agreed in writing.
3. CLIENT REPRESENTATIONS
The Client represents and warrants that:
3.1 They have full legal authority to sell the property and personal items included in the Sale.
3.2 All items provided for sale are free from legal claims, liens, or disputes.
3.3 The Premises are safe, structurally sound, and compliant with applicable laws.
3.4 Utilities necessary for conducting the Sale (electricity, lighting, water, etc.) will remain active for the duration of services.
3.5 The Client has removed all personal, sentimental, or non-sale items prior to staging unless otherwise agreed.
4. COMMISSION & FEES
4.1 The Company’s compensation is based on a commission structure agreed upon in writing prior to the Sale.
4.2 Additional fees may apply for labor-intensive services including clean-outs, dump runs, hazardous material removal, heavy hauling, or additional staffing.
4.3 All commissions and fees are deducted from the gross sale proceeds prior to distribution to the Client.
4.4 No proceeds shall be released to the Client until all costs, fees, and commissions are reconciled.
5. PAYMENT & ACCOUNTING
5.1 Within 7–14 business days following the conclusion of the Sale, the Company shall provide the Client with a settlement statement summarizing gross sales, commissions, fees, and net proceeds.
5.2 Net proceeds will be delivered via check, ACH, or another method agreed in writing.
5.3 The Client acknowledges that all sales are final, “as-is,” and “where-is,” with no warranties expressed or implied.
6. PROPERTY ACCESS & SECURITY
6.1 The Client shall provide the Company full access to the Premises during setup, sale days, and breakdown.
6.2 The Company may employ security measures, crowd control practices, surveillance, and other safety protocols at its discretion.
6.3 The Company is not responsible for theft, breakage, or damage caused by customers, third parties, or pre-existing conditions of the Premises.
7. LIABILITY & INDEMNIFICATION
7.1 The Company is not liable for:
Injuries to customers or third parties on the Premises
Loss, theft, or damage to items
Acts of nature, vandalism, or unforeseen circumstances
Pre-existing structural defects, hazardous conditions, or unsafe items
7.2 The Client agrees to indemnify, defend, and hold the Company harmless from all claims, damages, liabilities, attorney’s fees, and costs arising from:
Ownership disputes
Unauthorized items included in the Sale
Unsafe property conditions
Third-party injuries or incidents
7.3 The Company carries general business liability insurance; however, such insurance does not replace the Client’s homeowner or property insurance.
8. DISPOSAL & UNSOLD ITEMS
8.1 The Client may elect one of the following for unsold items:
Retain items on-site
Donate items through Company-approved partners
Authorize Company for clean-out and disposal (additional fees apply)
8.2 Any item left on the Premises after 72 hours without written instruction may be disposed of at the Company’s discretion and expense to the Client.
9. CANCELLATION & TERMINATION
9.1 Cancellations must be submitted in writing.
9.2 If the Client cancels the agreement within 10 days of the scheduled sale date, a cancellation fee equal to 25% of estimated gross sales may be assessed due to preparation costs incurred by the Company.
9.3 The Company may terminate the agreement if the Premises become unsafe, if the Client breaches the agreement, or if circumstances arise that materially hinder the Company’s ability to conduct a successful sale.
10. MARKETING, PHOTOGRAPHY & MEDIA
10.1 The Company retains the right to photograph, film, and market items and the Premises for the purpose of conducting and advertising the Sale.
10.2 All photographs, videos, marketing materials, and written descriptions created by the Company remain Company property and may be used for future marketing unless prohibited by law.
11. CONFIDENTIALITY
Both parties agree to maintain confidentiality regarding:
Financial information
Client personal data
Legal or estate-related documentation
Any non-public information provided during the course of the engagement
12. DISPUTE RESOLUTION
12.1 Parties agree to attempt good-faith resolution of disputes informally before pursuing formal actions.
12.2 If unresolved, disputes shall be settled through binding arbitration in the state where services were rendered, unless prohibited by law.
12.3 The prevailing party in any dispute shall be entitled to attorney’s fees and costs.
13. GOVERNING LAW
This agreement is governed by the laws of the State of Washington (or the state in which the Sale takes place), without regard to conflict-of-law principles.
14. ENTIRE AGREEMENT
These Terms & Conditions, along with any written service agreement, constitute the entire understanding between the Client and the Company and supersede all prior oral or written communications.