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Session Agreement Form

Client Name:

Client Address:

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Date:
Month
Day
Year

Agreement between: Fivestar Space, a KonMari Consultant (Fivestar Space) and,

whereby Fivestar Space agrees to provide Organizing Services (as described below) for Client using the principles of The KonMari Method.

Responsibilities:

1. Fivestar Space agrees to provide guidance, support, and encouragement, by using the KonMari Method, to assist Client with

organizing Client’s home, office, or other location as determined by the parties. (“Organizing Services”).

2. Client agrees to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the program.

3. Client is responsible for the ultimate decisions regarding what to keep and what to discard. Client will dispose of all items to be discarded or arrange for donation delivery or pick up. Fivestar Space will not accept discarded items, unless the Five Star Space donation/trash release is approved.

Donation/Trash/Sell Release:

All items identified as donated, discarded, or recycled by the client becomes the property of Fivestar Space. See the Fivestar Space Donation/Trash/Sell Release Inventory Sheet for identified items.

4. Pricing: Organizing Services $ 100/hour, minimum of 5 hours, $70 each additional hour for Organizing Services. Fivestar Space will be on site at client’s identified location performing agreed upon organizing services.

Fivestar Space will haul discarded items from the client’s location with client’s written approval. Client agrees to pay Fivestar Space the listed fees for hauling services:

Fivestar Space will assist in the selling of identified items via on-line forums (i.e. Facebook Marketplace, eBay, etc.). Identified items will be posted with suggested prices based on current market conditions. Fivestar Space will be paid 15% of the item’s sell price/value for the service. See the Five Star Space Donation/Trash/Sell Release Inventory Sheet for identified items.

The KonMari Method will be applied to the following categories in order: Clothes, Books, Papers, Komono (miscellaneous items), Sentimental Items.

Confidentiality: This Agreement, as well as all information (documented or verbal) that the Client shares with the Fivestar Space as part of this Agreement or in the performance of the Organizing Services (“Confidential Information”), is considered confidential between the parties Fivestar Space agrees not to disclose any information pertaining to the Client without the Client’s written consent unless otherwise required by law. Fivestar Space will not disclose the Client’s name as a reference without the Client’s consent. Confidential Information does not include information that: (a) was in the Fivestar Space’s possession or known to Fivestar Space prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Consultant from a third party, without breach of any obligation to the Client; (d) is independently developed by Fivestar Space without use of or reference to the Client’s confidential information; or (e) that Fivestar Space is required by law to disclose.

Optional Photo Release

Client hereby agrees to allow Fivestar Space to take before, after and progress photographs.

Client irrevocably grants Fivestar Space the perpetual rights to use, display, reproduce, and modify photographs for marketing purposes without further consent from or royalty or other compensation to Client.

Limited Liability: Except as expressly provided in this Agreement, Fivestar Space makes no guarantees or warranties, express or implied. In no event will Fivestar Space be liable to the Client for consequential, indirect, punitive, or special damages. Notwithstanding any damages that the Client may incur, Fivestar Space’s entire liability under this Agreement, and the Client’s exclusive remedy, will be limited to the amount paid by the Client to the Fivestar Space under this Agreement for the Organizing Services rendered to Client up until the effective date of termination or expiration of the Agreement.

This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations.

If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Fivestar Space agree to attempt to mediate in good faith for up to 30 days after notice is given. If the dispute is not resolved, and in the event of legal action or other proceeding, the prevailing party shall be entitled to recover attorneys’ fees and court costs from the other party.

Cancellation Clause: Client may cancel the agreement up to 48 hours of appointment time with no charges. Cancellation within 48 hours of the scheduled appointment will be assessed the amount equal to the minimum of 3 hours service.

Termination: Either the Client or Fivestar Space may terminate this Agreement at any time, for any reason, upon the giving of 5 calendar days’ prior written notice.

Miscellaneous Provisions: No provision of this Agreement is intended to confer any benefit upon any third party and no third party shall have the right to enforce any provision of this Agreement. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. This Agreement shall be interpreted in an even-handed manner and without regard to any presumption against the party that was responsible for its drafting. If any provision of this Agreement is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired thereby. This Agreement including its Exhibits, may not be modified except in writing executed by duly authorized representatives of the parties.

IN WITNESS WHEREOF, this Agreement has been duly executed on behalf of the parties hereto as of the Effective Date

Client

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Date:
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Amy A. Mushinski, Owner Fivestar Space

Cleveland, OH ~ Pittsburgh, PA

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