EXPLORE The Attic #
800 E. Highway 260
Payson, AZ 85541
BOOTH SPACE RENTAL AGREEMENT
THIS AGREEMENT made and entered into on this date of form submission by and between Explore The Attic LLC (herein after referred to as "ETA") and its designated agent(s) and the renter or Dealer of booth/space (herein after referred to as "Dealer"). Location listed above.
It is expressly acknowledged that ETA is engaged in the business of transacting sales of multi-categorized
items such as antiques, collectibles, furniture, decorative items, costume jewelry,
Dealer represents that he/she is solely and individually entitled to enter into this agreement with respect to all items they will place and sell within ETA. Dealer further represents that at the time of entering into this contract with ETA and at all time in the future they (the Dealer[s]) are
the true and lawful owner(s) of all items they represent and transact as for sale, have obtained said items by lawful means, solely have the legal right to authorize sale of said items, and that the items are free and clear of any and all liens, security interests or any encumbrances of any kind. Dealer further agrees to hold harmless and indemnify ETA, its owners, managers, agents and contract labor harmless and free from an liability and or responsibility by misrepresenting the above, including but not limited to all demands, claims, suits, judgement, or any other liabilities asserted by or awarded any person or entity arising by reason of Dealer's ownership, possession and/or sale of any or all items.
RULES AND REGULATIONS for the operation of ETA. These Rules and Regulations are a part of the Rental Agreement and Dealer Application.
1. Booth Rental: Booths vary in size depending on the needs of each dealer. Booths will be rented on a first-come first-serve basis. The rental contract is extended on a month-to-month basis. Dealers may stock their booth any time during store hours. Dealer may not keep the staff after hours to work on the booths. Dealer may terminate this rental contract by submitting a written notice 30 days prior to the last day to vacate space. The notice must be submitted on
the first day of the month. Management will not prorate rent if wanting to vacate in mid month.
2. Rent Due: First months rent is due upon signing of this agreement. Rent will be taken out of the proceeds from the previous months for the current month. Dealer checks will be distributed on or before the tenth (10th) of the month. If rent exceeds sales then payment, by the dealer, is due on the tenth (10th) day of the month. Monthly payment is agreed to and listed above includes space rent for designated area, utilities, advertising, building maintenance and other incidental expenses incurred in the operation of the business.
3. Sales Tax: ETA will be responsible for the collection and payment of sales taxes to the Arizona Department of Revenue. ETA will maintain daily sales tally for all sales made be Dealer and will pay the amount due for sales of dealers merchandise on a monthly basis. Dealers may not use the ETA sales tax number for their personal use.
4. Pay Period: The close of business on the last day of the month is the cut-off date for processing sales. Checks to dealers may be picked up after 1 pm on the 10th day of the
following month. One (1) months rent, all commissions and credit care! fees are deducted from sales. A statement of the month's sales activity will be provided with the check or notice to pay rent.
5. Dealer identification; Only individuals with permission of deajer fowner of the-merchandise) will be allowed to remove items or pick up checks from ETA. Please let us know if a significant other is going to be involved.
6. Pricing: Dealers must furnish their own tags. Items placed in a booth must be priced at at times with readable notation on ~he front; your ETA ID, (inventory number if you use) price and item description. Any other information the dealer deams necessary should be written on the
back of the price tag. To protect the dealer, prices cannot be ,crossed out and replaced by another price written on the tag. Price tags must be securely fastened to merchandise. Please tie string tags. Don't loop them. Please use removable sticky tags and consider using tape over
the top to secure from being removed and changed. It's happened before. Dealers are responsible for tagging their own merchandise.
7. Dealer Discount: A ten percent (10%) discount will be offered to any dealer in this store when asked. Also to any dealer having a sales tax identification number (must fill out state sales tax form) on any one item above $25.00. Do not mark items FIRM. Adjust your prices to include the 10% discount on items above $25.00. We will also make a phone call to the dealer owner if there is a discounted offer of more than 10% on an item that is priced $50 or above.
The dealer can make a decision as to accept or counter the offer. Dealers must give 10% discounts to non-dealers on items over $25 only if the customer asks. Again price accordingly. We do not volunteer discounts. The only time we volunteer discounts above $25 is as a reward
when a customer purchases a large quantity of merchandise.
8. Housekeeping: Dealers are responsible for keeping_ their pwn space.and merchandise clean and orderly as well as keeping it adequately stocked with merchandise for sale. ETA is responsible for maintaining aisles, restroom and the common areas of the store inside and outside.
9. Prohibited Sales: ETA reserves the right to prohibit any item from being sold on the premises if management feels it is inappropriate. All sales will go through the cash register of ETA. Any sales that do not go through the register will violate this agreement and serve as cause to terminate it. Dealers working in their booth may "deal" or reduce a price to a customer but are not allowed to complete the sale on premises without going through the register. ETA does not
allow pornography (as determined by management}. No live animals can be sold on premises. No liquor or tobacco. Taxidermy animals (stuffed} have to be researched before placing on sale due to the laws governing the sales of some taxadermy animals. You are · allowed to sell antique guns that were manufactured on or before 1898. You must have documentation of the manufacture date included with the gun. Knives must be placed in a locked cabinet.
10. Booth Sales: A dealer may run a sale in hers/his booth for not more than two consecutive months. Continuous booth sales are not allowed.
11. Displays: All merchandise for sale must be kept WITHIN each dealers assigned space. Customer walkways shall not be obstructed by merchandise.
12. AZ Laws Apply: Dealers shall abide at all times by the codes, ordinances, and regulations of the city, county, state and other governmental agencies having jurisdiction over the conduct of the dealer's business.
13. Move-out: Move-out shall occur on or before the last day of the current rental period. Holdovers will be charged an additional rent. ETA must be given a written 30-day notice in advance of a move-out BY THE FIRST DAY OF THIS MONTH. Dealer must settle all overdue rent charges and damages before removing merchandise from ETA on move-out day.
14. Layaways: Layaways per items of fifty dollars ($50) or more are permitted with a thirty percent (30%} down payment and the balance to be paid within thirty (30) days There will be no refunds on layaways. If the transaction is not fulfilled within the 30 days, the customer will forfeit the down payment. The layaway merchandise will be removed from the booth and stored for 30 days unless there is no room in storage. Otherwise it will be tagged with a sold
sign and remain in dealer space.
15. Losses and ·insurance: Dealer is responsible for hers/his own insurance and premise liability. ETA will not be responsible for any loss or damage of merchandise, property or equipment, either from theft, fire, flood, wind, rain or any other cause natural or unnatural whatsoever.
16. Changes: ETA may change any or all items of this agreement by informing Dealers of changes and the date of said changes will become effective. Sometime rent changes are necessary. Any rent changes will be announced at least one month prior to going into effect.
17. Employment: Deafer acknowledges that they are not an employee of ETA. In addition, Dealer agrees to hold harmless ETA of any and all responsibility related to any harm or personal injury Dealer may suffer related to their "Booth" pursuits with respect to this agreement.
18. Reproductions: If you find a antique reproduction and would like to place it into ETA please do not represent it as an authentic antique and price it accordingly. Reproduction items must be marked as a reproduction.
19. Fire Department Requirements: Absolutely no extension cords! You may use power strips with beakers.