This agreement (“Agreement”) dated {{curDate | mediumDate}} (“Effective Date”), is between Keli Jakel of LLC Jakel Communications dba Organized by Keli (“OBK”), and {{client.name}} (“Client”). Client wishes to engage OBK to perform professional organizing services, including, but not limited to: consulting, sorting, decluttering, purging, purchase of storage solutions, labeling, filing, categorizing, donation and trash removal, electronic organization, packing and unpacking services, and home staging services (“Services”); in consideration of the mutual promises contained herein, the parties agree as follows:
Services. OBK represents that the Services performed under this Agreement will be performed in a competent and professional manner, by individuals qualified to perform such work. OBK adheres to the NAPO Code of Ethics and treats every client with respect and discretion. Services will be deemed complete when purchased package time (“Package”) is used, or upon expiration of a Package, three (3) months from date payment is received. Packages purchased but not used before expiration date will not be refunded. Additional hours and/or Packages may be purchased at the agreed upon rate. Client understands that the total number of hours purchased may be performed by one or more individuals, separately or concurrently.
Appointments: Each organizing session is a minimum of six (6) hours unless otherwise agreed by the parties. In the event Client needs to reschedule an organizing session, the parties will agree on a mutually acceptable time. Missed appointments in which Client does not contact OBK to cancel or reschedule at least 24 hours before scheduled start time are subject to a 50% of services scheduled rescheduling/cancellation fee. Client agrees to have pets and other distractions removed from work areas.
Payment: An invoice for Services will be sent when this Agreement is signed and is due upon receipt. Acceptable methods of payment are cash, check, or credit card.
It is also agreed that the purchase of any organization or storage products, whether decorative or functional, are the responsibility of the Client. Client will be billed for the retail purchase price plus any online fees associated with such purchase (4%) plus OBK’s hourly rate per person, billed in thirty (30) minute increments, for time spent shopping, unless included in Client’s package.
Process Ownership. Client has sole responsibility for decisions regarding purging, sorting and organizing. OBK will make its best efforts to assist Client when necessary, however, all final decisions on such matters belong to the Client.
COVID 19. Both parties agree to follow current CDC Guidelines regarding COVID-19 and other communicable diseases. If Client refuses to follow such guidelines, OBK may refuse to perform services under this Agreement.
Donations & Trash. OBK will take one carload of donations per session to the donation site most convenient for OBK unless an alternate plan is agreed to in advance. Any additional carloads per organizing session will be at the discretion of OBK. Donation receipts will be provided upon request. Client is responsible for verifying items as trash or donation before removal from Client’s location, and for completing any donation receipts. OBK assumes no responsibility for the items designated or assigned by Client to be sent to trash or donation. Donations may also be removed by a donation pick up service, arranged by OBK with Client’s agreement. Trash may be removed to landfill nearest Client’s location if requested. Any donation, junk removal or other fees are the sole responsibility of the Client. Client is also responsible for disposal fees, travel time for the round trip to and from Client’s location, and any wait time at the landfill. These services will be billed separately, and payment is due upon completion.
Outcomes: Project outcomes depend on Client willingness to make clear decisions regarding purging and donation when needed. Long-term maintenance of organization hinges on Client’s commitment to implementing and maintaining agreed upon changes to keep previously organized spaces in order. OBK is not responsible for Client’s failure to maintain organization of space. Time estimated for services may vary from the initial assessment depending on the project. Organizers need minimal distractions during sessions to ensure best outcomes so please make arrangements for young children and pets to ensure best use of on-site organizing time.
Termination. This Agreement shall begin on the Effective Date and shall continue until the Services are completed or until Package expires. Client may terminate this Agreement if OBK fails to perform the Services as agreed to by the parties, but OBK is not required to refund any remaining pre-paid Package or hours. OBK may terminate this Agreement at any time at its discretion, or for any action by Client or its associates that creates an uncomfortable or unsafe working environment, or for Client’s failure to pay in a timely manner.
Confidentiality. OBK acknowledges that it may come into contact with Client’s confidential information while performing services under this Agreement. OBK acknowledges that disclosure of such information to a third party may cause harm to Client, and therefore OBK will not disclose or use such information without Client’s written consent, except to perform the services under this Agreement.
Insurance. OBK agrees to obtain and maintain insurance throughout the performance of its obligations under this Agreement, coverage against claims that may arise from OBK’s performance of this Agreement.
Damages. Except as expressly set forth in this Agreement, OBK makes no warranties of any kind, whether express or implied. In any circumstance, OBK’s total liability shall not exceed the total fees paid to OBK in connection with this Agreement. Neither party shall be liable for any loss, damage, or delay resulting from any external cause beyond its reasonable control.
Relationship of the Parties. The Parties acknowledge and agree that the Services performed by OBK, its employees, sub-contractors, or agents shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, or otherwise between the parties.
Conflicts. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws provisions. If Client and OBK are unable to negotiate in good faith any disputed issue arising out of this Agreement within thirty (30) days, the matter will be submitted to binding arbitration under the American Arbitration Association (“AAA”). In such event the prevailing party is entitled to reimbursement from the non-prevailing party of all related expenses, costs and fees, including without limitation reasonable attorneys’ fees.
Photo Release. OBK may take before and after pictures as part of its work history. OBK will ensure that no identification, location reference or other easily identifiable markings or any information of a personal nature are included if photos are used for OBK’s marketing materials. Please notify OBK immediately if you wish your photos to remain confidential.