Service Agreement and Limitation of Liability
This is a service agreement between Emily Hemphill Enterprises (doing business as Vital Organizing) and you, the client, for services related to home and/or office organization, relocation, or productivity advising. It lays out the terms of our engagement.
1. Rate for Services: The hourly rate for services was emailed to you with the link to this agreement. All work is billed on an hourly basis when Vital is working at your location or is otherwise on assignment. Clients located outside the Beltway are subject to a $25 travel charge roundtrip. Out of state clients are subject to additional charges that will be discussed in advance of travel. By signing below, you are accepting the hourly rate that has been emailed to you. You acknowledge that any estimates on the duration of the project is simply an estimate and the actual hours worked may be more or less than estimated.
2. Payment: Payments can be made by check, cash, square (credit card), or paypal.com. You will be billed for all hours worked and any authorized expenses, intermittently or upon completion of the project. By signing below, you agree to send payment as directed in the invoice within thirty days of your receipt of the invoice. Late payments and returned checks are subject to a $50 fee.
3. Cancellation policy: We understand that schedule conflicts arise. However, by signing below, you agree to provide notice of appointment cancellation no less than 24 hours before the start of a schedule appointment. Cancellations in less than 24 hours and no shows are subject to a cancellation charge of $50.
4. Acknowledgment of Authority: By signing below, you are agreeing that you have authority to handle and determine the dispensation of the items (including physical belongings and digital assets) in the home or office where Vital is agreed to be engaged.
5. Limitation of Liability: By signing below, you are acknowledging and accepting the following terms:
• Vital Organizing agrees that it will perform services in good faith and in a timely and professional manner. However, Vital makes no specific guarantees as to the result of our services or the customer’s satisfaction.
• The maximum total liability of Vital Organizing and its employees, shareholders, directors, officers and personnel for any actions, losses, damages, claims, liabilities, costs or expenses in any way arising out of or relating to this engagement (including, without limitation, lost profits, damage to household goods, loss of household goods, and loss of digital assets), shall not exceed the fees paid by you, the client, for the services provided.
• You agree to indemnify and hold harmless Vital Organizing and its affiliated entities, employees, shareholders, and personnel from and against any and all actions, losses, damages, claims, liabilities, costs and expenses (including, without limitation, reasonable legal fees and expenses) in any way arising out of or relating to this engagement, except to the extent finally judicially determined to have resulted from the gross negligence or intentional misconduct of our company. Should this judicial determination occur, the maximum total liability for Vital Organizing shall not exceed the fees paid by the client for this engagement. The provisions of this paragraph 5 shall apply regardless of the form of action, loss, damage, claim, liability, cost, or expense, whether in contract, statute, tort (including without limitation, negligence), or otherwise. These provisions shall survive the completion or termination of this engagement.
6. Governing Law: You acknowledge that this Agreement shall be interpreted, enforced and governed under the laws of the District of Columbia.