SERVICES AGREEMENT

This SERVICES AGREEMENT (the “Agreement”), dated as of [Date] (the “Effective Date”), is between Pint-Sized & Organized LLC, A New York limited liability company (“Pint-Sized”) and [Name of Client] (“Client,” and, together with Pint-Sized, the “Parties”) and sets forth the rights, duties, and obligations of the Parties with respect to the organizational and other services that Pint-Sized will provide to Client.

  1. SERVICES

      1. Scope. Pint-Sized agrees to provide the following services (“Services”) to Client:

            1. Help identify areas that need organizational support or decluttering services.

            2. Develop a list of personalized organizing products that would increase the functionality of the home.

            3. Organize and/or declutter agreed upon spaces in the home.

      1. Minimum Services.  Client agrees to utilize at least three (3) hours of Services within 90 days of this Agreement.  

      2. Other Services.  Work other than those items identified in Section I(1) shall not be within the scope of the Services provided by Pint-Sized under this Agreement unless expressly agreed to in writing by Pint-Sized.

  1. RATES, FEES, & EXPENSES

      1. Rates.  Client agrees to pay Pint-Sized $100 per hour for Services provided by Pint-Sized’s principal organizer, Amanda Carrasquillo (“Principal Organizer”). If an assistant (“Assistant Organizer”) is requested by the Client, Pint-Sized will book Assistant Organizer(s) as independent contractors, billed at the hourly rate of $50 per hour. Such Assistant Organizers(s)’ hourly rate will be in addition to the hourly rate of Principal Organizer. These Rates are subject to change periodically upon reasonable notice to Client. A $100 nonrefundable deposit/fee will be paid upon booking which covers the creation of a personalized list of organizing products (if needed) and secures the scheduled work date. If a list is not required, the deposit will be applied to final balance upon completion of the project.

      2. Costs. Client is responsible for the cost of any organizing products (shelving, filing supplies, containers, etc.). Client approval and payment for products must be arranged prior to purchase. 

      3. Travel Expenses.

          1. Local Travel.  Travel within a 30-mile radius (“Local Travel”) of Yorktown Heights, New York (the “Principal Location”) is complimentary. 

          2. Extended Travel.  Travel exceeding 30 miles from the Principal Location but less than 60 miles from the Principal Location (“Extended Travel”) will be subject to a $50 travel fee. 

          3. Out-of-Area Travel.  Pint-Sized can provide Services to Client beyond 60 miles of the Principal Location (“Out-of-Area Travel”). Should Out-of-Area Travel be requested, Client agrees to book a minimum of two eight (8) hour sessions with a $300 overnight fee per night. Client also agrees to cover all of Pint-Sized’s costs associated with Out-of-Area Travel, including, but not limited to, airfare, hotel, rental vehicle, and meals. 

  1. PAYMENT 

        1. Timing.  Payment is due at the end of each session for appointments involving Local Travel and Extended Travel. Client will be charged $25 per day if payment is not received by Pint-Sized within three (3) days after each session. Client shall be required to pay for Services related to Out-of-Area Travel at least 14 days prior to the appointment.

        2. Methods.  Payments may be made by cash, check, Zelle or credit card. Payments made by credit card will incur a 2.99% processing fee. A $35 fee for all returned checks as well as additional collection and/or legal fees to compensate for overdraft charges and unpaid account balances.

  1. SCHEDULING 

    1. Scheduling Appointments. Appointments will be scheduled with Pint-Sized after a preliminary consult or phone conversation.

    2. Rescheduling & Cancelations.  

          1. Local & Extended Travel Appointments.  Client agrees to provide written notice to Pint-Sized at least 48 hours in advance to cancel or reschedule appointments involving Local Travel and Extended Travel. Cancellations and rescheduled appointments with less than 48 hours’ notice will incur a $100 fee. Clients who have also booked an Assistant Organizer or Assistant Organizers will be charged an additional $50 fee per Assistant Organizer for late cancellations or rescheduling. 

          2. Out-of-Area Travel Appointments. Client agrees to provide written notice to Pint-Sized at least 14 days in advance to cancel or reschedule appointments involving Out-of-Area Travel.  Cancellations and rescheduled appointments with less than 14 days’ notice will incur a $1000 fee. Client shall also be responsible for all costs incurred by Pint-Sized related to non-refundable travel for rescheduling or canceling an appointment regardless of when Client provides notice of cancelation or rescheduling. 

  1. ADDITIONAL OBLIGATIONS

      1. Reasonable Cooperation.  Client agrees to reasonably cooperate with Pint-Sized to allow Pint-Sized to perform the Services and understands that Pint-Sized can only efficiently and effectively provide the Services hereunder with reasonable cooperation from Client. 

      2. Sensitive Materials: Client agrees to remove sensitive materials from the room or area to be organized prior to each session. If there are areas that are not to be organized, Client agrees to inform Pint-Sized prior to the start of the session. Client also agrees to remove fragile or sentimental items from area to be organized. 

      3. Firearms/Weapons: Client agrees to inform Pint-Sized prior to each session whether there are any firearms or other weapons in the home or office. Firearms and weapons must be removed from the immediate space being organized and secured prior to arrival. 

      4. Document Retention: Pint-Sized will recommend retention or disposal of paperwork, but final decisions regarding legal, financial, and other documents should be made by a CPA, attorney, or financial advisor. Client will approve all documents to be disposed of.   

  1. TERM & TERMINATION 

      1. Term.  This Agreement shall become effective on the Effective Date and shall be for an initial term of six (6) months and thereafter it shall be automatically renewed for successive six (6) month periods on the same terms and conditions set forth herein unless terminated by either Client of Pint-Sized. 

      2. Termination by Client: Client has the right to terminate this Agreement and the Services provided hereunder at any time upon five (5) days’ prior written notice. If Client elects to terminate this Agreement, Client remains responsible for any fees and expenses incurred by Pint-Size prior to termination.  

      3. Termination by Pint-Sized: Pint-Sized has the right to terminate this Agreement and the Services provided hereunder at any time upon five (5) days’ prior written notice.  Upon the occurrence of any of the following, Pint Sized shall be entitled to terminate this Agreement immediately and recover all of its fees and expenses, including for services booked but not yet provided: (i) repeated cancelations and rescheduling by Client; (ii) Client, family members, or others affiliated with Client engage in disruptive, threatening (outright or implied), abusive, or violent behavior; (iii) non-payment; and (iv) unsafe or unsanitary working conditions. 

  1.   MISCELLANEOUS

    1. Insurance.  Client agrees to have a homeowner or renter insurance policy in place prior to any service rendered by Pint-Sized. Said insurance policy will be the primary policy for any personal injury or property damage claim. Client agrees to waive subrogation against Pint-Sized’s policy for any claims paid by said insurance policies.  

    2. Photo Waiver & Release.  Client authorizes Pint-Sized to photograph, audio record, and video record organizing projects. Client authorizes Pint-Sized to reproduce, publish, copy, distribute, and share the photos and recordings with prospective or current clients, for illustrative and/or marketing purposes, and on websites, marketing materials, and/or social media sites and apps.  Client understands that it is the policy of Pint-Sized to reproduce, publish, copy, distribute, and share only “before”, “after“ or “in progress” photos or recordings on websites, marketing materials, and/or social media sites and apps. However, Pint-Sized retains the right to use all photos or recordings for all authorized purposes listed above. Client waives all rights to view and/or approve any and all photos or recordings.  Client understands that their identity will remain anonymous and details about the location of Client’s home, office, or space will not be disclosed. Published photos or recordings will be labeled with the city name and state only.  Client understands that Pint-Sized retains copyright of the photos and recordings. Client waives any and all rights for payment, royalties, or compensation of any kind for use of said photos and recordings.

    3. No Warranties.   Except as otherwise expressly set forth herein, all Services are provided “as is,” and Pint-Sized provides no warranties of any kind (written, oral, or statutory, express or implied) in connection with the Services and this Agreement, and hereby disclaims any and all warranties (written, oral, or statutory, express or implied). To the extent that Pint-Sized may not as a matter of applicable law disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such law.

    4. LIMITATION OF LIABILITY & INDEMNIFICATION. CLIENT AGREES THAT NEITHER PINT-SIZED NOR ANY OF ITS AFFILIATES, OFFICERS, OWNERS, AGENTS, EMPLOYEES, OR PERMITTED SUCCESSORS OR ASSIGNS (THE “PINT-SIZED AFFILIATES”) SHALL BE LIABLE FOR ANY CLAIM, LOSS, DAMAGE, LIABILITIES, SUSTAINED AS A RESULT OF THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES HEREUNDER OR ANY OTHER ACTION OR FAILURE TO ACT BY ANY OF THE FOREGOING PURSUANT TO THIS AGREEMENT. EXCEPT FOR ACTIONS OR CLAIMS ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PINT-SIZED AND THE PINT-SIZED AFFILIATES TOTAL LIABILITY TO CLIENT SHALL NOT EXCEED THE TOTAL FEES PAID TO DATE UNDER THIS AGREEMENT. CLIENT FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS PINT-SIZED AND THE PINT-SIZED AFFILIATES AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, PENALTIES, PUNITIVE DAMAGES, EXPENSES, REASONABLE LEGAL FEES AND COSTS OF ANY KIND OR AMOUNT WHATSOEVER ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. THIS INDEMNIFICATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.

    5. Governing Law; Forum. This Agreement and rights and obligations of the Parties shall be governed by and enforced in accordance with the laws of the State of New York. The Parties agree that all disputes arising under, relating to, or in connection with this Agreement shall be heard exclusively in the state courts of New York in the county of Westchester.

    6. Entire Agreement. This Agreement constitutes the entire agreement of the Parties and replaces all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. Neither Party may assign this Agreement without the prior written consent of the other, except to an affiliate with notice.  This Agreement shall bind any successors and assigns.

    7. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement.

    8. Amendments; No Waiver. No provisions of this Agreement may be amended, modified, waived or discharged except by a written document signed by both Parties.  

    9. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.