This Agreement is effective as of the date the Renter completes a rental booking and
pays the deposit with Our Garb Collection LLC (“Garb”).
1. PARTIES & DEFINITIONS
1.1 PARTIES:
This Agreement (“Agreement”) is entered into between the Renter (“Renter”) and Our
Garb Collection LLC and its affiliates (collectively, “Garb”).
1.2 DEFINTIONS
• RENTAL: The short-term rental of a booth or wall space at one of Garb’s locations
for the purpose of 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, this
deposit will be refunded at the end of the Rental Period as described herein.)
• COMMISSION & FEES: The percentage fee on sales (30% or 50% depending
on space type), a 10-cent per item software fee, and any applicable late, storage,
or packing fees.
2. ELECTRONIC ACCEPTANCE & EXECUTION
By completing the booking and paying the deposit through Garb’s website, the Renter
agrees to be legally bound by the terms and conditions of this Agreement. No physical
signature is required, and the deposit payment shall serve as electronic acceptance of
all provisions contained herein.
3. SCOPE OF SERVICES
3.1 SERVICE PROVIDED
Garb operates a boutique second-hand shopping environment and offers Renter booth
or wall rentals that include access to:
• Quality hangers, steamers, lint rollers, and anti-theft devices
• Printed barcode labels for merchandise
• A staging area and dressing rooms for customer use
The rental fee covers operational expenses (building rental, utilities, internet,
equipment, licenses, insurance, etc.). In addition, Garb manages sales, maintains the
store’s cleanliness, processes credit card transactions, and handles advertising and
social media promotion.
3.2 REFUSAL OF SERVICE
Garb reserves the right to deny access or service at any location, to suspend a Renter’s
online account, or to cancel a booking at its sole discretion. Any refusal of service does
not obligate Garb to refund any fees paid.
3.3 STORE HOURS & CLOSURES
• SCHEDULED CLOSURES: The store will be closed on Thanksgiving, December 25th,
and December 26th.
• WEATHER-RELATED CLOSURES: The store may also close due to inclement weather.
• NO RENTAL CHARGE: On days the store is closed, the Renter will not be charged
for the rental.
• ALTERNATE SETUP OPTION: If the store is closed on the day before the Rental
Period begins, the Renter may set up one hour before closing on the last open
day preceding the closure.
4. Rented Space and Payment Terms
4.1 Booking and Deposit:
• Booking: Rentals are booked via Garb’s website and pricing varies depending
on length of rental and seasonality.
• Deposit: A $25 deposit is collected at booking; for wall rentals, this deposit will
be refunded at the end of the Rental Period.
• Fee Deduction: The full rental fee will be deducted from the Renter’s sales
payout upon conclusion of the Rental Period.
4.2 Cancellations/Rescheduling:
• Refundable Cancellation: Cancellations made via email at least 7 days before
the first day of the Rental Period will result in a full refund of the deposit.
• Non-Refundable Cancellation: Cancellations made less than 7 days prior will
result in forfeiture of the deposit.
4.3 Payouts:
• Completion Signal: On the last day of the Rental Period, after the Renter has
cleared their rented space and checked out with a store associate, the Renter
must click the “send request” button on the website to signal completion.
• Commission: The Renter pays a 30% commission for booth rentals or a 50%
commission for wall rentals on all items sold at Garb.
• Payout Calculation: Payouts, computed as (Total Sales – Commission – Rental
Balance), will be issued via Venmo within two business days (excluding days
when Garb is closed).
• Invoice and Record: An itemized invoice will be emailed to the Renter; Once
payment is processed, all items registered to that rental will be deleted from
Garb’s system; it is the Renter’s responsibility to download any sales records
before payment.
• Profit Request Deadline: The Renter must request their profit within 90 days of
the last day of their rental or payout will be forfeited.
• Completion of Rental: A rental is not considered finished until the unsold items
from the rented space have been picked up by the Renter and payouts will not be
processed until completion of rental.
4.4 Extending a Rental:
• New Booking: To extend a rental or book an additional rented space, a new
booking must be made.
• Item Transfer: The Renter must request the transfer of active items from the
previous booking to the new one prior to payout of the previous Rental Period or
items in account will be deleted and unable to be transferred.
• Re-ticketing: The Renter is responsible for moving items into their new rented
location AND for ticketing items with new barcode labels. Items with old barcodes
will not be able to be sold.
5. Renter Obligations and Space Operation
5.1 Item Registration and Pricing:
• Account Creation: The Renter is required to create an account and register
each item with a description, quantity, price, and tax category prior to rented
space setup.
• Software Fee: Once a price is set, a 10-cent software fee will be added per item.
• Discounts: If the Renter wishes to offer a discount, they can do so through their
online account. Available discount options are 25%, 50%, and 75%. The Renter
must apply the provided discount stickers to the items to be discounted.
• Pricing Updates: Changes in pricing must be updated online, and the Renter
must obtain a new printed barcode label for any change.
• Price Tag Restrictions: Writing on price tags is prohibited and such price tags
are invalid.
• Staff Responsibility: Garb’s staff is not responsible for verifying or correcting
pricing on individual items.
5.2 Rented Space Setup:
• Access: Renter may access the rented space one hour before store closing on
the day prior to the Rental Period or anytime on the first day.
• Staging Area: The staging area is available two hours before closing for
hanging, tagging, and preparing items. Items can be placed in the rented space
one hour before closing.
• Check-In: Renter must check in at the front desk with valid photo ID and booking
confirmation, to receive barcode labels.
• Security: Renter is responsible for tagging and security censoring all items.
Items without tags will be removed from rented space and placed in lost and
found.
• Deadline: Failure to set up by the end of the first day allows Garb to reassign the
rented space and forfeit all fees.
5.3 Rented Space Takedown:
• Check-In: Upon arrival for takedown, the Renter must check in at the front desk,
show photo ID, and provide booking confirmation. The Renter cannot clear the
rented space until after checking in.
• Alternate Pickup: If someone else will clear the rented space on the Renter's
behalf, the Renter must email Garb with that person’s name in advance.
• Clearance Deadline: Renter must clear the rented space at least 1½ hours
before closing on the final day of the Rental Period.
• Packing Service: If unable to clear the rented space personally, a packing
service is available for $25 (request must be made at least 2 hours before
closing).
• Late Fees: Failure to clear without prior arrangement incurs a $35 late fee;
uncollected items will be stored for up to 7 days at $10 per day, after which they
become Garb’s property.
• Fee Deduction: Any applicable late and storage fees will be deducted from the
Renter’s final payout.
• Security Sensors: Garb's staff will remove all security sensors to complete the
checkout process.
5.4 Rented Space Conduct and Display:
• Changes to rented space layout are prohibited.
• Only items contained within the rented space may be sold; items extending
beyond the rented space may incur an additional take-down or storage fee of
$10.
• The maximum number of active items is 100; new items may be added as sales
reduce this number.
5.5 Acceptable Items:
• Items must be appropriate for a retail environment. Garb reserves the right to
remove any items or materials (e.g., business cards or marketing materials) that
are stained, broken, damaged, vulgar, odorous, or otherwise deemed
inappropriate.
• Items from brands on the “Banned Brand List” and expired or opened
food/beauty products will be removed immediately.
6. Lost, Damaged, and Returned Items
6.1 Lost and Found:
• If an item is left behind or loses its price tag, Garb will place it in the “Lost and
Found” area.
• The Renter is responsible for regularly checking this area.
• Items not claimed within the designated time frames (6 days for tagged items; 20
days for untagged items) become Garb’s property.
6.2 Returns:
• All sales are final. Returns will only be accepted in rare cases where items are
found to be in unacceptable condition.
• In such cases, the affected sale will be deducted from the final payout and noted
on the Renter’s sales history.
7. Social Media and Advertising
7.1 Advertising Rights:
Garb retains the right to advertise any items placed for sale in its store through social
media or other channels.
The Renter is also encouraged also promote items for sale on personal digital channels;
if doing so, the Renter must tag @thegarbcollection and maintain a public profile to be
shared on Garb’s social pages.
8. Disclaimers, Indemnification, and Limitation of Liability
8.1 Disclaimer of Warranty:
Garb provides the rented space “as is” and disclaims any express or implied warranties
except those expressly provided in writing.
8.2 Limitation of Liability:
To the maximum extent permitted by law, Garb shall not be liable for any indirect,
incidental, consequential, or punitive damages, or for any loss (including loss of
inventory) arising from or related to this Agreement, whether in contract, tort, or
otherwise.
8.3 Indemnification:
The Renter agrees to indemnify, defend, and hold harmless Garb, its officers, directors,
employees, and agents from any and all claims, damages, liabilities, costs, and
expenses (including reasonable attorney’s fees) arising from the Renter’s use of the
rented space, violation of this Agreement, or any applicable laws.
8.4 Force Majeure:
Neither party shall be liable for delays or failures to perform due to causes beyond its
reasonable control, including, without limitation, acts of God, inclement weather, or
other emergencies. In such cases, any closures (e.g., Thanksgiving, December 25–26,
or inclement weather days) will not incur rented space rental charges.
9. General Provisions
9.1 Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the
jurisdiction in which Garb is headquartered.
9.2 Dispute Resolution:
Any dispute arising under this Agreement shall be resolved through binding arbitration
in accordance with the rules of the American Arbitration Association (or a similar
recognized body), and judgment on the award rendered by the arbitrator(s) may be
entered in any court having jurisdiction.
9.3 Severability:
If any provision of this Agreement is found to be unenforceable or invalid, the remaining
provisions shall continue in full force and effect.
9.4 Amendments:
Garb reserves the right to modify or amend this Agreement at any time. The Renter will
be notified of any material changes via email or through the Garb website. Continued
use of the rented space services constitutes acceptance of the modified terms.
9.5 Entire Agreement:
This Agreement constitutes the entire agreement between the parties regarding the
rented space services and supersedes all prior agreements, representations, and
understandings.
9.6 Notices:
Any notice required or permitted under this Agreement shall be in writing and deemed
given when delivered personally, via email (with confirmation of receipt), or by certified
mail to the party’s address as provided during the booking process.
9.7 Electronic Acceptance:
By completing a rented space booking and paying the deposit, the Renter
acknowledges that they have read, understood, and agree to be bound by the terms
and conditions of this Agreement. No additional signature is required. This Agreement
is now effective upon the Renter’s payment of the deposit via Garb’s website.
