1. PARTIES AND DEFINITIONS
1.1 Parties
This Agreement ("Agreement") is entered into between the Renter ("Renter") and The Garb Collection LLC and its affiliates (collectively, "Garb").
1.2 Definitions
2. ACCEPTANCE AND EXECUTION
By completing the booking and paying the deposit through Garb’s website, the Renter agrees to be legally bound by this Agreement. No physical signature is required, and the deposit payment serves as electronic acceptance of all terms contained herein.
3. SCOPE OF SERVICES
3.1 Services Provided
Garb provides a boutique second-hand shopping environment and offers Renters:
Garb manages store operations, processes sales, maintains cleanliness, and handles advertising and social media promotion.
3.2 Refusal of Service
Garb reserves the right to deny service, suspend an account, or cancel a booking at its sole discretion without obligation to refund any fees.
3.3 Store Hours and Closures
4. RENTAL SPACE AND PAYMENT TERMS
4.1 Booking and Deposit
Rentals are booked via Garb’s website.
4.2 Cancellations/Rescheduling
4.3 Payouts
4.4 Commission Relationship and Tax Responsibility
4.5 Extending a Rental
Renters must book a new rental and request an item transfer before the prior rental payout.
Renter is responsible for updating labels to new booth number (if applicable) by hand on ticket, which must be applied to all transferred items.
5. RENTER OBLIGATIONS
5.1 Item Registration and Pricing
5.2 Rental Setup and Takedown
5.3 Rented Space Conduct
Banned Brands include but not limited to:
6. LIABILITY, INSURANCE, AND RETURNS
6.1 Disclaimer of Insurance Coverage
Garb does not provide insurance coverage for any merchandise brought in by Renters. This includes, but is not limited to:
Renters accept full responsibility for loss, theft, or damage and are encouraged to carry their own insurance coverage for their merchandise.
6.2 Hold Harmless and Indemnification
The Renter agrees to indemnify, defend, and hold harmless Garb, its officers, directors, employees, and agents from any and all claims, damages, liabilities, and expenses (including attorney’s fees) arising from:
6.3 Returns Policy
Same day returns are accepted, after that, all sales are final.
Non-same day returns are not accepted. In extremely rare cases where an item is returned due to a defect or misrepresentation, the affected amount will be deducted from the final payout.
6.4 Force Majeure
Neither party is liable for failure to perform due to causes beyond reasonable control, including but not limited to weather events, acts of God, or emergencies.
7. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
7.1 Proprietary Information
All systems, operations, workflows, marketing strategies, and related materials used by Garb are proprietary trade secrets.
Renters may not share, reproduce, disclose, or use Garb’s proprietary information outside of participation in the program.
7.2 Advertising and Marketing
Garb may photograph or record Renter items, displays, and the Renter personally while on-site, and may use such images, videos, or recordings for promotional, advertising, marketing, and/or social media purposes without further consent or compensation.
By participating, the Renter grants Garb an irrevocable, worldwide, royalty-free license and release to use the Renter’s name, likeness, voice, image, and brand identifiers (including trademarks, social media handles, and logos) in connection with the marketing, advertising, publicity, and promotion of Garb’s business.
This license includes Garb’s right to repost, reshare, or otherwise use images or content that Renters publicly share on their own social media accounts or digital platforms regarding their participation in Garb.
Renters release and waive any right of approval or claim to royalties, payments, or ownership over such promotional uses, and release Garb from any claims or liability related to the use of such content, provided that such use is lawful.
Renters are encouraged to promote their items on personal channels and tag @thegarbcollection.
8. GENERAL PROVISIONS
8.1 Governing Law
This Agreement is governed by the laws of the state of New Jersey.
8.2 Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to this Agreement, the services provided by Garb, or the relationship between the parties shall be resolved exclusively and finally through binding arbitration. The arbitration shall be conducted in the county where Garb is headquartered, in accordance with the rules of the American Arbitration Association (AAA), and administered by a single arbitrator mutually agreed upon by the parties.
Each party shall bear its own costs and attorneys' fees, except as otherwise provided by applicable law or as awarded by the arbitrator. The arbitrator’s decision shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction.
To the fullest extent permitted by law, Renter waives any right to bring or participate in a class action, collective action, or representative action against Garb.
8.3 Severability
If any provision is held invalid, the rest of the Agreement remains effective.
8.4 Amendments
Garb may update these terms at any time. Notice will be provided via email or website. Continued use constitutes acceptance of changes.
8.5 Entire Agreement
This is the full Agreement between the parties and supersedes prior discussions or communications.
8.6 Notices
Notices may be sent via email (with confirmation) or certified mail.
8.7 Electronic Acceptance
By booking a rental and paying the deposit, the Renter agrees to all terms outlined herein. No additional signature is required.
Effective Upon Payment of Deposit.
1.1 Parties
This Agreement ("Agreement") is entered into between the Renter ("Renter") and The Garb Collection LLC and its affiliates (collectively, "Garb").
1.2 Definitions
- Rental: The short-term rental of a booth or wall space at one of Garb’s locations for selling second-hand items.
- Rental Period: The duration for which a space is rented, as specified in the booking confirmation.
- Deposit: A $25 fee paid at booking to secure the rental (for wall rentals, refundable at the end of the Rental Period).
- Commission and Fees: A percentage fee on sales (33% or 50% depending on space type), a $0.10 per item software fee, and applicable late, storage, or packing fees.
2. ACCEPTANCE AND EXECUTION
By completing the booking and paying the deposit through Garb’s website, the Renter agrees to be legally bound by this Agreement. No physical signature is required, and the deposit payment serves as electronic acceptance of all terms contained herein.
3. SCOPE OF SERVICES
3.1 Services Provided
Garb provides a boutique second-hand shopping environment and offers Renters:
- Quality hangers, steamers, lint rollers, and anti-theft devices
- Labels and Printed barcode labels for merchandise
- A staging area and shelving
- Dressing rooms
Garb manages store operations, processes sales, maintains cleanliness, and handles advertising and social media promotion.
3.2 Refusal of Service
Garb reserves the right to deny service, suspend an account, or cancel a booking at its sole discretion without obligation to refund any fees.
3.3 Store Hours and Closures
- Scheduled Closures: Thanksgiving, December 25–26
- Weather-Related Closures: No rental charge applies for store closures due to inclement weather.
- Alternate Setup: If the store is closed before the rental begins, Renters may set up one hour before closing on the last open day prior.
4. RENTAL SPACE AND PAYMENT TERMS
4.1 Booking and Deposit
Rentals are booked via Garb’s website.
- A $25 deposit is required (refundable for wall rentals at rental conclusion).
- The full rental fee is deducted from the final payout.
4.2 Cancellations/Rescheduling
- 7+ Days Notice: Full deposit refund.
- Less than 7 Days Notice: Deposit forfeited.
4.3 Payouts
- Payout Schedule: The 1st and 15th of each month (excluding weekends/holidays).
- Payment Method: All payouts are made via Venmo.
- Account Accuracy: Renters are solely responsible for providing the correct Venmo handle. Payouts sent to the details provided will be deemed properly made. Garb is not liable for delays, losses, or errors caused by incorrect information, and any costs or fees to correct such errors are the Renter’s responsibility.
- Payout Calculation: (Total Sales – (Commission + Fees) – Rental Balance)
- Request Deadline: Renters must request profits within 90 days, or payouts are forfeited.
- Completion of Rental: Payouts will not be processed until all unsold items are removed and the Renter has properly checked out.
- Late or Uncollected Items: Any late fees or storage fees incurred from failure to pick up items on time will be deducted from the Renter’s final payout.
4.4 Commission Relationship and Tax Responsibility
- Renters are not employees or independent contractors of Garb.
- Renters are engaging in a commission-based relationship only.
- Renters are solely responsible for reporting and paying any taxes associated with their payouts.
4.5 Extending a Rental
Renters must book a new rental and request an item transfer before the prior rental payout.
Renter is responsible for updating labels to new booth number (if applicable) by hand on ticket, which must be applied to all transferred items.
5. RENTER OBLIGATIONS
5.1 Item Registration and Pricing
- Renters must create an account and register items before in-store setup.
- A $0.10 software fee applies per item.
- Discounts (25%, 50%, 75%) must be applied via the online account. Once accepted, our staff will mark the booth and discount will automatically apply to original price.
5.2 Rental Setup and Takedown
- Setup: Begins anytime, but at least two (2) hours before closing the day before rental starts.
- Check-In: Renters must present photo ID and booking confirmation.
- Failure to Setup: Garb may reassign the space and forfeit fees.
- Takedown Deadline: Must be completed 1.5 hours before closing on the final day.
- Late Fees: $35 for late clearance; $10/day for storage beyond 7 days.
- Packing Service: Available for $25 with at least 2 hours' notice.
- Fee Deduction: Any late or storage fees will be deducted from final payout.
5.3 Rented Space Conduct
- Renters cannot modify space layouts.
- Items extending beyond the rented space may incur additional fees.
- Max 80 active items; new items may be added as sales reduce inventory.
- Prohibited Items: Damaged, stained, expired, or inappropriate items. Items from banned brands will be removed.
Banned Brands include but not limited to:
- Shein
- Romwe
- Temu
- Zaful
- LovelyWholesale
- ChicMe
6. LIABILITY, INSURANCE, AND RETURNS
6.1 Disclaimer of Insurance Coverage
Garb does not provide insurance coverage for any merchandise brought in by Renters. This includes, but is not limited to:
- Theft (including by customers or of store inventory)
- Fire, flood, water damage, or natural disaster
- Accidental damage (e.g., makeup stains, handling)
Renters accept full responsibility for loss, theft, or damage and are encouraged to carry their own insurance coverage for their merchandise.
6.2 Hold Harmless and Indemnification
The Renter agrees to indemnify, defend, and hold harmless Garb, its officers, directors, employees, and agents from any and all claims, damages, liabilities, and expenses (including attorney’s fees) arising from:
- The Renter’s use of the rented space
- Loss or damage to merchandise
- Violation of this Agreement or any applicable laws
- Tax liabilities or other personal obligations associated with participation in Garb’s consignment program
6.3 Returns Policy
Same day returns are accepted, after that, all sales are final.
Non-same day returns are not accepted. In extremely rare cases where an item is returned due to a defect or misrepresentation, the affected amount will be deducted from the final payout.
6.4 Force Majeure
Neither party is liable for failure to perform due to causes beyond reasonable control, including but not limited to weather events, acts of God, or emergencies.
7. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
7.1 Proprietary Information
All systems, operations, workflows, marketing strategies, and related materials used by Garb are proprietary trade secrets.
Renters may not share, reproduce, disclose, or use Garb’s proprietary information outside of participation in the program.
7.2 Advertising and Marketing
Garb may photograph or record Renter items, displays, and the Renter personally while on-site, and may use such images, videos, or recordings for promotional, advertising, marketing, and/or social media purposes without further consent or compensation.
By participating, the Renter grants Garb an irrevocable, worldwide, royalty-free license and release to use the Renter’s name, likeness, voice, image, and brand identifiers (including trademarks, social media handles, and logos) in connection with the marketing, advertising, publicity, and promotion of Garb’s business.
This license includes Garb’s right to repost, reshare, or otherwise use images or content that Renters publicly share on their own social media accounts or digital platforms regarding their participation in Garb.
Renters release and waive any right of approval or claim to royalties, payments, or ownership over such promotional uses, and release Garb from any claims or liability related to the use of such content, provided that such use is lawful.
Renters are encouraged to promote their items on personal channels and tag @thegarbcollection.
8. GENERAL PROVISIONS
8.1 Governing Law
This Agreement is governed by the laws of the state of New Jersey.
8.2 Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to this Agreement, the services provided by Garb, or the relationship between the parties shall be resolved exclusively and finally through binding arbitration. The arbitration shall be conducted in the county where Garb is headquartered, in accordance with the rules of the American Arbitration Association (AAA), and administered by a single arbitrator mutually agreed upon by the parties.
Each party shall bear its own costs and attorneys' fees, except as otherwise provided by applicable law or as awarded by the arbitrator. The arbitrator’s decision shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction.
To the fullest extent permitted by law, Renter waives any right to bring or participate in a class action, collective action, or representative action against Garb.
8.3 Severability
If any provision is held invalid, the rest of the Agreement remains effective.
8.4 Amendments
Garb may update these terms at any time. Notice will be provided via email or website. Continued use constitutes acceptance of changes.
8.5 Entire Agreement
This is the full Agreement between the parties and supersedes prior discussions or communications.
8.6 Notices
Notices may be sent via email (with confirmation) or certified mail.
8.7 Electronic Acceptance
By booking a rental and paying the deposit, the Renter agrees to all terms outlined herein. No additional signature is required.
Effective Upon Payment of Deposit.
