I understand and agree that Bay Area Consignment, San Mateo Just Between Friends (“JBF Franchisee”) and Just Between Friends Franchise Systems, Inc. (“JBF Franchisor”) is not responsible for fire, loss, theft or damage to the items I am consigning.
I verify that the items I am consigning are mine and I have full authority to sell these items and these items are in good operating and working condition and are not defective, broken or damaged and have no missing parts.
I understand that JBF is only a broker or agent. Title possession remains with the Consignor/Owner.
I am participating in the valet consigning program, I understand I will earn 40% of my sales. My consignor fee includes supplies for up to 200 consigned items. A $5 supply fee will be charged for each additional 100 items - ie: 151-250, 251-350, etc.
I verify that I am consigning no item subject of any current, pending or threatened recall notice due to overall product safety, lead content, phthalates, choking hazard or any other standard set according to the Consumer Products Safety Commission (CPSC). Or if any of my items were part of a recall, any repair made is by the original manufacturer or made in accordance with the original manufacturer warranty program. If a refund is made to a shopper due to a product not working, missing parts or a
defect, I understand that I will not be paid for this item. It is recognized that “all sales are final,” however, it is illegal on the consignor/owner’s behalf to offer for sale a recalled item and it against the rules to sell items with missing or broken pieces.
I understand that by appearing in a public venue as a shopper, consignor or team member, JBF has my permission to use my image in any publicity avenue they choose with no royalties owed.
I agree to waive relinquish, discharge, release, and covenant not to sue and hold harmless Bay Area Consignment, San Mateo Just Between Friends (“JBF Franchisee”) and Just Between Friends Franchise Systems, Inc. or any of the 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 understand all items not picked up during designated Consignor pick up day and times will be donated to our charity partner. No exceptions will be made and items are not retrievable. If I can’t make pick up time I will designate someone to pick items up on my behalf. Written notice must be provided in advance.
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 Product 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; and
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 Just Between Friends of San Mateo (“JBF Franchisee”) and Just Between Friends Franchise Systems, Inc. (“JBF Franchisor”) or any of either entity’s members, officers, directors, agents, employees, and volunteers 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 volunteers 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.
By registering for my drop off pass, 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