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AGREEMENT

THIS AGREEMENT is made as of the date set forth below by and between REALTY RESCUE, INC., a California corporation ("RR") and ________________ ("You" or "Your") with regard to performance of the services as set forth below.
NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties, intending to be legally bound, agree as follows:

1
BASIC OBLIGATIONS OF THE PARTIES

1.1 Services. The services provided by RR shall be comprised of the placement, removal, and storage of signs and other display material (the "Promotional Material") relative to real property listed for sale by You (the "Subject Property"). RR shall arrange for the pickup from You of such Promotional Material and will determine the appropriate geographic location for placement of the materials relative to the Subject Property location. The Promotional Material will be placed by RR on the morning of any open house or promotional event ("Promotional Event") and will be removed by RR at the end of the day on which such Promotional Event occurred. Prior to such Promotional Event, You will be provided via mail correspondence with the locations for placement of the Promotional Material and You will have up to two (2) hours from receipt of the confirmation to request modifications to the locations selected by RR (the foregoing is collectively referred to herein as the "Services.")
1.2 Employees. RR shall furnish, supervise, and control personnel as is necessary to perform the Services under this Agreement. All personnel assigned by RR to perform the Services will be employees of RR and will pay all salaries and expenses of, and all federal, social security, unemployment (federal and state) taxes, and any other payroll or withholding taxes relative to these employees.
1.3 Independent Contractor. RR will be considered, for all purposes, an independent contractor, and RR will not, either directly or indirectly, act as Your agent, servant, or employee or make any commitments or incur any liabilities on Your behalf without Your prior written consent.

2
TERMS OF PAYMENT

2.1 Price and Payment. You shall pay RR the prices for the Services as set forth in Schedule "A" attached to this Agreement. Payment for all Services rendered under this Agreement shall be made in United States dollars and shall be due and owing no later than 1 day prior to the Promotional Event. If payment is not received within 1 day prior to the Promotional Event, no Services will be provided for such Promotional Event. All credits for opens, purchased individually or in a package, are non-refundable but are transferable.

2.2 We review and increase our standard billing rates periodically, upon written notice (email notification) to our clients. The applicable billing rates are those in effect at the time that the services are performed.

3
TERM OF AGREEMENT

3.1 Term. The term of this Agreement shall become effective upon execution by You and shall continue in full force and effect for the period set forth on Schedule "B" attached to this Agreement unless, sooner terminated in accordance with the terms of this Agreement.

4
PERFORMANCE OF SERVICES

4.1 Conduct of Personnel. Without limiting the responsibility of RR for the proper conduct of its personnel in the performance of the Services, the conduct of the personnel performing the Services is to be guided by rules and regulations as set forth in this Agreement and any additional special written instructions as may be agreed to by You and RR prior to the date on which such Services are provided.
4.2 Supervision. RR is responsible for the direct management and supervision of its personnel through its designated representative, and that representative will, in turn, be available at all reasonable times to report and confer with Your designated agents or representatives with respect to Services being rendered.
4.3 Standard of Performance. RR agrees that the Services to be provided will be performed in strict conformity with the best practices and highest applicable standards and by qualified, careful, and efficient employees.

5
RISK OF LOSS; INSURANCE AND LAWS

5.1 Risk of Loss. RR will provide for all proper safeguards and shall assume all risks of loss to RR Property and in the performance of the Services under this Agreement while Your Promotional Materials are in the direct possession and control of RR. RR shall not, however, be responsible for the care and well-being of Your Promotional Material when such has been placed for any Promotional Event and is out of the direct possession and control of RR. RR shall in no way be liable for normal wear and tear on said material.
5.2 Insurance. RR shall maintain during the term of this Agreement:
(a) Workers' Compensation insurance as prescribed by the law of California;
(b) Employer's liability insurance;
(c) Comprehensive automobile liability insurance;
(d) Commercial General Liability ("CGL") Insurance; and
5.3 Indemnification. RR does hereby agree to defend, indemnify, and hold You and Your trustees, officers, employees, agents, contractors, and servants harmless from any and all claims and liabilities of any type or nature whatsoever arising out of any act, omission, or negligence by RR, its officers, employees, agents, contractors, or servants that may now or hereafter arise out of or result from or in any way be related to the provision of the Services pursuant to this Agreement. Similarly, You agree to defend, indemnify, and hold RR and its officers, employees, agents, contractors, and servants harmless from any and all claims and liabilities of any type or nature arising out of any act, omission, or negligence of You or any third party not under the direct control and authority of RR that may now or hereafter arise out of or result from or in any way be related to the provision of the Services pursuant to this Agreement.
5.4 Compliance with Law. RR will secure all necessary permits required to perform the described Services, and will comply with all applicable workers' compensation, employer's liability, and other federal, state, county, and municipal laws, ordinances, rules and regulations.

6
TERMINATION; EVENTS OF DEFAULT

6.1 Termination. Either party may terminate this Agreement for any or no reason at any time by giving the other party 30 days' prior written notice. Upon a termination by you, You will be responsible for the payment of all amounts then due and owing for Services rendered, as well as for all amounts due for the remainder of the Term. In the event of default by either party of any of the provisions of this Agreement, the nondefaulting party may give notice of the default to the defaulting party. If the defaulting party does not cure within 10 days of the written notice, the nondefaulting party may terminate this Agreement by giving written notice of the termination and upon the expiration of 5 days thereafter, this Agreement shall end and expire as if the date of expiration of the 5-day period were the day in this Agreement definitely fixed for the termination of this Agreement.
6.2 Events of Default. The following occurrences are defined as "Events of Default":
(a) You fail to make any payment under this Agreement or any other arrangement by which You agree to remit payment to RR for services rendered;
(b) Any representation, statement or warranty made by or on behalf of You in this Agreement proves to have been incorrect in any material respect; or
(c) You commit any material breach of this Agreement, or any present or future rider or supplement to this Agreement, and fails to cure such breach within ten (10) days after notice thereof from Holder.

7
GENERAL PROVISIONS

7.1 Amendment. This Agreement may be modified, amended, or supplemented only by a writing signed by authorized executive officers of the parties to this Agreement.
7.2 Delays. The obligation of RR to perform Services under this Agreement shall be excused without liability when prevented by strike, act of God, governmental action, accident, or any other condition beyond the reasonable control of RR. RR agrees to resume performance of the Services as soon as practicable following cessation of the condition.
7.3 No Waiver of Performance. Failure by either party at any time to require performance by the other party or to claim a breach of any provision of this Agreement will not be construed as a waiver of any right accruing under this Agreement, nor affect any subsequent breach, nor affect the effectiveness of this Agreement or any party of this Agreement, nor prejudice either party with regard to any subsequent action.
7.4 Entire Agreement; Conflicting Provisions. This Agreement, together with the Schedules attached to it, constitutes the entire agreement between You and RR with respect to the subject matter of this Agreement and no representation or statement not contained in the main body of this Agreement or Schedules shall be binding on You or RR as a warranty or otherwise. In the event of any conflict between the terms of the main body of this Agreement and any of the Schedules attached to this Agreement, the terms of the main body of this Agreement shall govern.
7.5 Governing Law. This Agreement shall be construed by and governed under the laws of the State of California excluding its principles of conflict of laws, and the parties irrevocably agree to submit to the jurisdiction and venue of the courts of the State of California to resolve any dispute arising under or relating to this Agreement.
7.6 Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served on, or given to any party shall be in writing and shall be deemed properly delivered or served when personally delivered to the party to whom directed, or in lieu of personal service, when sent by registered or certified United States mail, return receipt requested, postage prepaid, addressed as follows:

If to RR:
6878 Beck Ave.
North Hollywood, CA 91605

Any party may change its address by giving written notice of the change to the other party listed above in the manner provided for in this Section.
REALTY RESCUE, INC.,
A California corporation








SCHEDULE A

Agreement of terms and conditions includes agreement to submit credit card information to be kept on file for any recurring charges and for the client's convenience in purchasing services. Realty Rescue, Inc. is not responsible for any misuse of this information.

All services are to be pre paid prior to service being performed. Credits on account must be active in order to schedule an open house service.

Additional Sign Placement (ASP) and other open house service upgrades/add-ons must also be purchased prior to open house service.

Accounts Receivable/Unpaid Amounts:
  • Rental and recurring charges/fees that are not paid due to declined credit card or any other means will be calculated and customer will be made aware via phone and email to account contact information. Statement of fees owed will be mailed monthly to accounts with outstanding balances.
  • Open house services must have an active credit in order to schedule. Should a charge for an open house service not be paid due to declined credit card or any other means, the open house service will not be performed. No map confirmation will be sent confirming the client of the open house. Requests for open houses made within the required time frame will be subject to availability and may be charged the Same Day/Late Booking charge of $20.00.


SERVICES AND PRICING

I. Open House Services: (see above for practices concerning credits on account).
  • "Pay As You Go" - BASIC level $65.00: This is a single service that includes all features as described in BASIC level service and up to 10 signs placed.
  • "Pay As You Go" - VIP level $75.00: This is a single service that includes all features as described in VIP level service and up to 10 signs placed.
  • Package One - BASIC level: $325.00 (no discount): This is a grouping of 5 open house services that include all features as described in BASIC level service and up to 10 signs placed per service.
  • Package One - VIP level: $375.00 (no discount): This is a grouping of 5 open house services that include all features as described in VIP level service and up to 10 signs placed per service.
  • Package Two - BASIC level: $625.00 (savings $25.00 from retail/single price): This is a grouping of 10 open house services that include all features as described in BASIC level service and up to 10 signs placed per service.
  • Package Two - VIP level: $725.00 (savings $25.00 from retail/single price): This is a grouping of 10 open house services that include all features as described in VIP level service and up to 10 signs placed per service.
  • Package Three - BASIC level: $1200.00 (savings $100.00 from retail/single price): This is a grouping of 20 open house services that include all features as described in BASIC level service and up to 10 signs placed per service.
  • Package Three - VIP level: $1400.00 (savings $100.00 from retail/single price): This is a grouping of 20 open house services that include all features as described in VIP level service and up to 10 signs placed per service.


II. Open House Service Upgrades and Add Ons: Charged prior to open house service with which upgrade is requested.

  • Additional Sign Placement (ASP): Charged at $3.00 per sign for all signs placed in excess of 10 per open house service.
  • A.M. Guarantee: Premium charged for placement out by a specified time. $10.00 per open house unless otherwise specified in account. Can not always be accommodated.
  • P.M. Guarantee: Premium charged for retrieval in by a specified time. $10.00 per open house unless otherwise specified in account.
  • VIP level: Standard VIP box contains 8 waters and small fortune cookie box with realty related fortune cookies inside small box. Charges for additions to standard VIP are stated below. Max VIP box can hold is 12 waters. Cookies with 12 waters are hung on outside of VIP box.
    • Swap cookies for 2 additional waters (10NC): no charge
    • 10 waters and cookies (10C): $3.00
    • 12 waters and no cookies (12NC): $3.00
    • 12 waters and cookies (12C): $6.00
  • Art Set Up Charge $20.00: VIP water bottle labels and/or door hanger art, including photo, logo, or anything outside normal text is chargeable as stated. This charge is one time per graphic change. Submission of graphic via email serves as approval.


III. Penalties

  • Same Day/Late Booking $20.00: We request no less than 24 hours notice for open houses (all types) that are done Monday through Saturday and 48 hours notice for open houses (all types) that are done Sundays. Any opens booked within this time frame are subject to availability and may be subject to this charge if able to be accommodated.
  • Cancellation of service
    • Open house services canceled within 24 hours of open's start time are chargeable as scheduled since prep work has been performed, loads pulled, routes established, and sometime signs placed.


IV. Recurring Charges: Charged on (or about) the 25th of each month, unless paid quarterly or monthly.

  • Monthly Storage & Maintenance Charge $20.00: Includes the storage, upkeep and maintenance of your customer inventory (all signs, flags, etc.) Mainenance includes repairs to minor damages of broken sign and flag PVC legs and faces, as well as material such as PVC glue, screws, etc. This can be paid monthly, quarterly, or annually. As the only recurring charges they are subject to auto renewal around the 25th of each month reflecting payment of and for that month.


V: Rental Services

  • Solar Sign Light(r) $30.00 per month: Includes the installation, rental, and removal of Solar Sign Light(r). Rental agreement is emailed to customer for their review and must be signed and faxed back to RR office (fax # 818.980.3311) prior to install date. Terms are stated in emailed rental agreement.
  • Generic Signs $10.00 per sign: Generic "Open House" signs are available for customer use. Rental charge is separate and in addition to open house service charge.
  • Sign weight for use during inclement weather $5.00 per sign: Sign weights are available for use to aid in the stability of signs during high winds, etc. Realty Rescue, Inc. does not guarantee the success of the weights and customers agree to hold Realty Rescue, Inc. harmless of any damage that is the result of the use of these weights.



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