Tar Heel Kids Consignment Consignor Agreement and Release
Tar Heel Kids Consignment (THKC) operates a consignment sale event business in the state of North Carolina and desires to sell certain personal property items (ITEMS) owned by the consignor (CONSIGNOR) and the consignor (who signs/continues below) desires to sell or dispose of their items by using the services that THKCC offers. In consideration thereof, THKC and CONSIGNOR agree as follows:
1. CONSIGNOR agrees that they are hiring THKC to help sell their personal items. CONSIGNOR further agrees that THKC and CONSIGNOR have a mutual goal of selling said ITEMS and that THKC will do everything in their power to provide CONSIGNOR with all the resources needed to be successful. CONSIGNOR agrees that they will endeavor to read and follow the instructions on the THKC website, engage with the Facebook page, join and engage with others on the THKC Facebook group, and read and respond to emails sent from THKC. CONSIGNOR consents to receive text message reminders and alerts to their given phone number. CONSIGNOR may opt out of these alerts at any time by replying STOP but understands that by doing so they may miss important information
2. CONSIGNOR understands that they will pay a non-refundable registration fee that reserves a spot in this event. CONSIGNOR further agrees to pay a fee to THKC for the provision of THKC's services. CONSIGNOR will retain 60% of the sale price that they price the item for in the system for all ITEMS sold pursuant to this Agreement. THKC will retain the balance (40%) as a fee for services rendered. Earnings will be disbursed to CONSIGNOR within fifteen (15) days following the end of the Consignment Term via PayPal direct deposit to the email address that CONSIGNOR has on file. If CONSIGNOR chooses not to accept their payment via PayPal, a $3 fee will be assessed, and a check issued not later than 60 days after the Consignment Term. In some instances, CONSIGNOR may choose to assist (CREW) at the event to sell their own ITEMS, thereby changing the scope of both the work and fees owed for the services provided by THKC. In order to participate in this way, CONSIGNOR will read, sign and agree to Addendum A of this Agreement.
3. As a condition of selling Items, CONSIGNOR represents and warrants to THKC that: A. CONSIGNOR will prepare the items according to THKC's instructions, deliver the ITEMS at an agreed upon time and place, and pick up unsold ITEMS at the agreed upon time on or before the last day of the sale. B. CONSIGNOR is the owner of the ITEMS, free and clear of any liens, and CONSIGNOR has the full authority to deliver the ITEMS to THKC and permit the sale of the ITEMS by THKC. C. Each item included in the ITEMS is in good operating condition, is free from defects, and is fit for purpose. D. The sale of any item included in the ITEMS will not violate any applicable law or regulation. E. No item included in the ITEMS is the subject of any recall notice
4. Consignor notes that A) All sellers will select a seller number in the 6 digit format: Last initial, First initial, Last 4 of phone. B)There is a $4.00 minimum price for consigned items (excepting books and accessories which may be priced at $2.50) C) There is a new printed tag format (Fall 2021)- THKC is not obligated to accept tags from other sales or in the old format.
5. Consignor understands and agrees that THKC may reject any ITEM in the event should THKC deem the quality of the item insufficient in any way. ITEMS rejected or removed from the sale by THKC will be returned to the CONSIGNOR or donated at the discretion of THKC and CONSIGNOR will be assessed a $1 fee per rejected item. Fees will double if more than 5 items are found. ITEMS specifically marked for donation may be donated at the end of the 50%-off sale day. A 75% off sale day is not guaranteed. ITEMS not picked up on time become the property of THKC.
6. Neither Tar Heel Kids Consignment, its parent company, nor its officers, owners, members, employees, agents, consignors, contractors, insurers or representatives, nor any other party (including without limitation any owner or lessee of any property on which a THKC sale occurs) shall be liable to CONSIGNOR for any loss or damage to the ITEMS, or liability for any personal injury or other damage to person or property, and CONSIGNOR hereby agrees to hold each such party harmless from any such claim and damages. THKC is not responsible for lost, stolen or damaged ITEMS brought on or to any THKC sale event or location by any person and will not assume liability for any personal property or equipment left at or about any such sale event or location.
7. CONSIGNOR agrees THKC has a protectable interest in its business and operations, and as a result, by working with us and assisting in selling their own items or those of others, CONSIGNOR is immediately subject to Addendum A (Crew Agreement/Confidentiality) which includes clauses pertaining to confidentiality and a 40 mile radius non-solicitation of customers injunction regarding the solicitation of consignors or shoppers while starting, managing or working with any similar competing business. without our consent (you are of course always welcome to sell your own items wherever you wish!)
8. This Agreement is governed by the laws of the State of North Carolina. If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby.
9. This Agreement , including Addendum A (which will be made available upon signing up for our crew) contains the entire understanding between and among the parties and supersedes any prior understandings and agreements among them respecting the subject matter of this Agreement whether in writing or oral. The representations and warranties of CONSIGNOR contained in Section 3, the obligations contained in Section 6 and all items agreed to in Addendum A shall survive the termination of this Agreement.
I acknowledge that I have read and fully understand these terms and conditions and I agree that I will fully comply with the same. I agree that the act of leaving my items for consignment and signing my drop-off form binds me legally to this agreement. I further agree that if it is my intention to crew at this event, I will read, and familiarize myself with Addendum A of this agreement to which I am already bound.
***A note from our mission statement, about the “why” of Addendum A:
We sincerely appreciate every one of you! We want to partner with you to create events that bless as many of you as we can. In the past, whether we called you volunteers, crew, or helpers, you've assisted us season after season out of the goodness of your heart, for the fun & friendship, for the higher sales %, and most often, for the early shopping. Regardless of your “why,'' you were being compensated in a way that spoke to you. But going forward, we want to normalize that compensation for everyone, based on the time that you work, and not as a percentage of what you sell. (The fun, friendship, and shopping perks will, of course, remain!!)
Easy example : Let's say a seller who sold $1200 worth of items and worked 16 hours would shop early and keep an extra 10% of their sales, or about $120. We were effectively paying out those hours at $8 per hour. If you sold more, let’s say $2000 worth, you made an extra $200 (or $14/hour for those same 16 hours). But what if, like most sellers, you sold $400 or less? Your extra 10% of sales earned you barely $3/hr.in increased % or maybe just an earlier shopping time. Crazy right? Going forward, we will pay all 3 of those sellers the same $30 per 4 hour shift. You'll help create the event and make $120 for 16 hours of your time whether you sell $1200, $2000, or $400. There are also employee perks like early shopping, discounts on that shopping, a small % increase on sales, and all that fun! Simple, fair and easy.