Please read entire consignor waiver.
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 own the items offered for sale. I have full authority to sell the items without the consent of any other person. Each of the items is in good condition and sound operating and working condition. No item is defective, broken or damaged, and there are no missing parts. Each item is free of all liens, claims and encumbrances of every kind.
I, understand and agree that Just Between Friends (JBF) of Pittsburgh South and Just Between Friends Franchise Systems, Inc. are not responsible for fire, loss, theft or damage to the items I am consigning. I also understand that JBF of Pittsburgh South is only a broker or agent for the Consignor. JBF of Pittsburgh South has no obligation to pay for unsold items. Title possession remains with the Consignor.
I understand that I will earn 60% of the gross sales actually received by JBF of Pittsburgh South for the items I offer for sale. There is a nonrefundable $20.00 Consignor Fee($25 late fee) for participation in the JBF Pittsburgh South Sale. I understand that I may incur additional fees if any battery-operated items I am consigning require a battery replacement during the event in order to show that the item is in working order. I understand that I may incur additional fees if I have more than 5 items pulled from the racks during inspection for quality. I will be charged $.25/item for items 5-12 pulled for not meeting JBF quality or seasonal standards. I will be charged $.50/item for more than 12 items pulled from the floor.
I request that JBF of Pittsburgh South sell the items I am consigning for the price listed on the bar-coded tags that I have created. I understand that the price sold will be controlled by the printed tag attached to the item at the sale, and not any subsequent changes made in the online tagging system. I understand that if the printed tag includes a star, my item will only be sold at full price; and if there is NO star on the printed tag, my item will be sold at 50% of the tag price during the Half Price PreSale & Sale. I also verify that any items without a star AND marked Donate can be sold for 75% of the tag price during discount day. I verify that I have no hand-written information on any tags and understand that no handwritten changes to tags are acceptable.
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 and sanitized, in good operating condition and is not defective, broken or damaged in any way. If any item was the subject of any recall notice, each such item was repaid by the original manufacturer in accordance with applicable laws, rules and regulations. If any item is 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 by appearing in a public venue as a shopper, consignor or team member, JBF has my permission to use my image in any JBF publicity avenue they choose, and I agree that no royalty or other payment is due me because of the use of any such image.
I understand that consignor payments will be paid 14 days after the last day of the sale(seller pick up) and will be issued via echeck and sent to my email in my JBF Profile. I also acknowledge I have 90 days from the date issued on the check to cash my seller payment. If it expires and I request a new check be sent, I understand there will be a $35 fee deducted from the check total to cover bank fees associated with issuing a new check
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 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 Pittsburgh South (“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.
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 Staff, 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 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.
