TIDYING SESSION AGREEMENT
Spark Joy, Maryland!
A division of Maryland Move Managers, Inc.
PLEASE READ AND FILL OUT THE INFORMATION BELOW
Agreement between: Anne-Stuart Darrell, a KonMari Consultant and Client, whereby KonMari Consultant agrees to provide Organizing Services (as described below) for Client using the principles of KonMari Method™.
Responsibilities:
KonMari Consultant agrees to provide guidance, support and encouragement, by using the KonMari Method™, to assist Client with organizing Client’s home, office, or other location as determined by the parties. (“Organizing Services”).
Client is responsible for the ultimate decisions regarding what to keep and what to discard. KonMari Consultant will take up to 5 bags of items to be discarded. For additional items, Client is responsible for their disposal, or will arrange for donation delivery or pick up.
Client agrees to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the program.
The KonMari Method™ will be applied to the following categories in order:
(1)Clothes, (2)Books, (3)Papers, (4)Komono (miscellaneous items), (5)Sentimental Items.
Confidentiality:
This Agreement, as well as all information (documented or verbal) that the Client shares with the KonMari Consultant, as part of this Agreement or in the performance of the Organizing Services (“Confidential Information”), is considered confidential between the parties. The KonMari Consultant agrees not to disclose any information pertaining to the Client without the Client’s written consent unless otherwise required by law. The KonMari Consultant will not disclose the Client’s name as a reference without the Client’s consent. Confidential Information does not include information that: (a) was in the KonMari Consultant’s possession or known to the KonMari Consultant prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Consultant from a third party, without breach of any obligation to the Client; (d) is independently developed by the KonMari Consultant without use of or reference to the Client’s confidential information; or (e) that the KonMari Consultant is required by law to disclose.
Limited Liability:
Except as expressly provided in this Agreement, the KonMari Consultant makes no guarantees or warranties, express or implied. In no event will the KonMari Consultant be liable to the Client for consequential, indirect, punitive, or special damages. Notwithstanding any damages that the Client may incur, the KonMari Consultant’s entire liability under this Agreement, and the Client’s exclusive remedy, will be limited to the amount paid by the Client to the KonMari Consultant under this Agreement for the Organizing Services rendered to Client up until the effective date of termination or expiration of the Agreement.
This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations.
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and KonMari Consultant agree to attempt to mediate in good faith for up to 30 days after notice is given. If the dispute is not resolved, and in the event of legal action or other proceeding, the prevailing party shall be entitled to recover attorneys’ fees and court costs from the other party.
Termination:
Either the Client or KonMari Consultant may terminate this Agreement at any time, for any reason, upon the giving of five (5) calendar days’ prior written notice.
Miscellaneous Provisions:
No provision of this Agreement is intended to confer any benefit upon any third party and no third party shall have the right to enforce any provision of this Agreement. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar or not, nor shall any waiver constitute a continuing waiver. This Agreement shall be interpreted in an even-handed manner and without regard to any presumption against the party that was responsible for its drafting. If any provision of this Agreement is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired thereby. This Agreement including its exhibits, may not be modified except in writing executed by duly authorized representatives of the parties.