R.M.B’s Arts and Antiques
15434 County Line Rd, Spring Hill, FL 34610
(352)-631-7323
This agreement made and entered into on this _____ day of ____, 20____ by and between R.M.B’s Arts & Antiques, hereinafter called RMB’s and :
Name __________________________________________
Address ________________________________________
City_______________________ State_____Zip________
Home Phone________________ Cell Phone ___________________, E-mail _______________ hereinafter called Vendor.
In consideration of the covenants hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is mutually agreed by the parties hereto as follows:
1. RMB’s shall allow Vendor to occupy booth # ______ and/or wall # _______, for the sole purpose of the sale of antiques, collectibles, and/or handmade items. The property on display is in said Vendor’s booth or wall and shall be kept stocked and meet RMB’s standard of quality.
2. Vendor shall pay RMB’s rent in the sum of $______ per month, with the initial one-month period beginning on ____Day of ____________, 20_______. Agreements beginning in the middle of the month will be prorated, Vendor agrees to pay $_____ (Prorated rate). All rent is due monthly and is due and payable on the first day of each month. After the initial one-month period, this rental agreement will become a month-to-month rental agreement that will automatically renew every month unless Vendor provides written notification to terminate this agreement at least 30 days in advance. If notice is received less than 30 days prior to the last day of the month in which it is received, termination will be effective at the end of the month following the month in which the notice was received.
3. The first months rent is due upon the written and signed agreement of RMB’s and the Vendor.
4. Following the first month rent, rent is due the first day of the month and will be taken from Vendor booth sales. If the Vendor booth sales are not sufficient to cover booth rental, the Vendor will receive notification and funds must be received for the difference by the 5th day of that month. If RMB’s hasn’t received payment by the 5th day of the month and the vendor as not opted to renew the monthly contract, the security deposit will be applied to that month and all items in booth will be surrendered if not removed by the last day of that month.
5. RMB’s shall collect $_________ late fee (15% of monthly rental agreement) for any rental payments not received by the 5th day of each month and also a $50 fee for any returned checks written by the Vendor.
6. Checks to vendors will be available for pick up after the 5th of the month. RMB’s will mail your check to you for a $10 handling fee that will be deducted from your check total. Be aware, RMB’s is not responsible or liable for any check theft, should it occur, due to the mail delivery process. There will be a $75 fee for any re-written checks due to 90 day void.
7. Vendors will pay a 15% commission on all sales. This amount will be deducted at the time of each sale. This covers credit card costs, marketing, advertising, staffing, general cleaning, and maintenance.
8. Security Deposit: Vendor, concurrently with the execution hereof, has deposited with RMB’s an amount of $_________ (equal to total monthly rental agreement) as security for the full & faithful performance of every provision of this space rental agreement to be performed by the vendor. If Vendor defaults with respect to any provisions of the space rental agreement, including but not limited to the provisions relating to the payment of rent, RMB’s, at its sole discretion, apply or retain all or any part of the security deposit for payment of the rent or any other sum in default or for the payment of any other loss or damage which RMB’s may suffer by reason of Vendor’s default.
9. Vendor agrees to have a valid credit card on file during the duration of the rental agreement to be used as a final method for RMB’s to obtain payment for insufficient funds.
10. When a customer wishes to buy items offered for sale in the Vendor booth or wall, RMB’s or its employees shall act agent for the Vendor herein and accept payment for said item(s), collect monies, and make delivery to said customer. RMB’s shall provide the Vendor with an e-mail notification after each sale. RMB’s will collect sales tax on behalf of the Vendor and will pay the sales tax to the state monthly. RMB’s is required to annually report payments made payable to your entity. RMB’s will provide you with a W-9 upon signing a contract, and we will provide you with a copy of the electronically filed 1099-NEC indicating proceeds collected and remitted to your entity. All sales shall go through RMB’s register, and each item must carry a tag clearly showing the Vendor number, price, and description of the item. No items are to be sold directly by the Vendor on the premises- either inside or outside. (This does not include weekend outside markets) Doing so will result in immediate termination of agreement, loss of security deposit and a request to vacate space within 48 hours.
11. RMB’s shall not be responsible for or have any obligation to protect the property of Vendor from fire, theft, flood, shoplifting, breakage or any other loss or damage to said property of Vendor offered for sale except for acts of gross negligence of RMB’s employees. RMB’s does utilize a building security system for the hours the business is closed. RMB’s utilizes a state of the art camera system 24 hours a day 7 days a week with 7 days of recording ability to protect and secure items against theft. RMB’s will also provide pest control of the facility. Vendor is instructed and encouraged to consult his or her insurance company and obtain insurance for all items placed in RMB’s
12. Notwithstanding any other term of this Agreement, Vendor shall indemnify, defend and hold harmless RMB’s, current or future directors, trustees, officers, faculty and their respective successors, heirs and assigns (the “Indemnities”), against any claim, liability, cost, damage, deficiency, loss, expense or obligation of any kind or nature (including without limitation reasonable attorneys’ fees and other costs and expenses of litigation) incurred by or imposed upon the Indemnities or any one of them in connection with any claims, suits, actions, demands or judgments arising out of this Agreement (including, but not limited to, actions in the form of tort, warranty, or strict liability).
13. Vendor hereby acknowledges & agrees that RMB’s shall have no obligation to provide any insurance: fire, theft, flood or other casualty or protect Vendor from loss or damage by reason of destruction of property of Vendor, in whole or part, while stored or offered for sale in RMB’s premises.
14. Vendor acknowledges understanding and agreeing that RMB’s are authorized to grant up to 10% off the indicated price on behalf of the Vendor with regard to the price of items contained in a booth and represented as being for sale. Any further discounting will be approved by Vendor in writing prior to completion of transaction.
15. RMB’s may elect to terminate this agreement with Vendor at any time without reason or cause. If such termination of agreement is enacted, Vendor shall have 14 calendar days to remove items from the booth space and premises. If Vendor items are not picked up within the agreed upon 14 calendar days, Vendor agrees to pay RMB’s a storage fee of $10 per day until the items are picked up for a period of up to sixty (60) days. These charges will be applied to the credit card on file. After the agreed upon sixty (60) days, if said items have not been removed, Vendor relinquishes ownership of all items in occupied space and RMB’s is free to dispose of the item(s) noted above in any manner RMB’s determines to be appropriate and the Vendor will hold RMB’s harmless
16. Should the termination of a contract agreement occur between RMB’s and Vendor, i.e. a vendor gives 30 days written notice of contract termination, Vendor agrees to have all items removed from their booth by the end contract date. Vendor agrees to pay RMB’s a storage fee of $10 per day until the items are picked up for a period of up to sixty (60) days. These charges will be applied to the credit card on file. After the agreed upon sixty (60) days, if said items have not been removed, Vendor relinquishes ownership of all items in occupied space and RMB’s is free to dispose of the item(s) noted above in any manner RMB’s determines to be appropriate and the Vendor will hold RMB’s harmless
17. Vendor shall hold RMB’s harmless from all claims of third parties for any reason whatsoever except gross negligence of RMB’s arising out of the renting of the premises.
18. Vendor must keep booth(s) and/or wall(s) clean and orderly. RMB’s reserves the right to refuse or limit merchandise placed in the RMB’s premises. All merchandise must be clean and in working order. Vendor warrants that merchandise has a good, marketable title, free and clear of liens and encounters to all property offered for sale by Vendor in RMB’s premises
19. All items placed in the Vendors’ booth, whether for display or sale, must have been cleaned before arrival at the store. Items will be insect and pest-free in order to protect the integrity of other items in the store and to protect the health of our employees and customers. The vendor agrees to pay RMB’s a cleaning fee of $100 if items brought to the store do not fall within these guidelines. These charges will be applied to the credit card on file.
20. Vendor agrees any vacated booth following termination of agreed upon contract will be left as it was received. A $100 cleaning fee will be charged to the credit card on file should significant cleaning be required.
21. Vendor expressly acknowledges that they are not an employee of RMB’s. In addition, Vendor agrees to hold harmless RMB’s from any and all responsibility related to any harm or personal injury Vendor may suffer related to their “Booth” pursuits with respect to this agreement.
22. Vendor agrees that any items used for display will be clearly marked display only, not for sale.
23. Vendor acknowledges and understands that booths will have no walls or structures designating booth space unless specified per area. The vendor is responsible for wall structures or frames used to structure the booth. The vendor also acknowledges and understands that no metal or plastic shelving will be permitted in the booth space. Vendors may use wood structures such as a bookshelf or hutch to display items and structure booths.
24. Vendor agrees that all items for sale must be approved by RMB’s management.
25. The vendor understands access for booth maintenance will be available Tuesday through Friday during regular business hours. RMB’s will allow upkeep at these times and will also provide 2 days a month after business hours that will be announced at the beginning of each month to allow Vendors access to manage their booths. Booth maintenance will not be permitted on Saturdays or Sundays as these are high-traffic and high-volume sales days.
26. RMB’s does not permit the use of onsite dumpster. The vendor understands and agrees to dispose of unwanted items off-premises.
27. RMB’s will provide online sales options. (See online sales contract to be signed by Vendor) should Vendor so choose.
28. Vendor agrees no painting of items or displays will occur in or around RMB’s Arts and Antiques store.
29. The vendor agrees if a rug is used in their space, ALL FOUR SIDES of the rug will be taped down to the floor. Not just the corners, all four sides must be secured. The vendor agrees if these precautions have not been taken, the Vendor relinquishes ownership of the rug, and RMB’s is free to dispose of the item(s) noted above in any manner RMB’s determines to be appropriate and the Vendor will hold RMB’s harmless.
30. The vendor agrees to remove any price tags not associated with RMB's Arts & Antiques. Previous store tags on items that are priced lower than the vendor's RMB's price tag and bar code will be honored at the register. Previous handwritten stickers (i.e. garage sale stickers) will prevent the sale of that item at the register unless the customer is willing to purchase the item at the RMB's ticketed price.
31. Vendor agrees to a $75 process and handling fee for any re-written checks.
32. RMB’s reserves the right to revise this contract & establish new monthly rental rates and additions to the Vendor contract at any time.
RMB’s will provide a safe, clean, exciting, upscale, and welcoming environment for Vendor to display and sell their items. RMB’s has hurricane shutters on all glass windows and doors to protect and secure the building. RMB’s in conjunction with Robert and Mollybee’s furniture artistry holds a strong social media presence that will promote and attract customers. RMB’s will also provide monthly advertising to increase foot traffic and sales for Vendor. RMB’s is situated in a prime location surrounded by significant growth in the community. RMB’s will be promoting and providing classes in the near future with plans to teach furniture refinishing and provide a facility for other vendors to use for classes of their choosing if so desired. RMB’s also has plans to provide space and promote weekend up pop up markets in the near future which will increase interest and sales.
By signing this agreement Vendor agrees to all current and future RMB’s rules, restrictions, regulations, policies, and procedures.
Credit Card on File
Name on Card ___________________________
Number_________________________________
Exp Date _______ Security Code___________
Initial (_____) Permission to take pictures of my booth/items to use for promoting RMB’s on social media
Vendor Printed Name__________________________________________
Vendor Signature_____________________________________ Date______________________________
RMB’s Representative Printed Name______________________________________
RMB’s Signature_______________________________________ Date_______________________________