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SECTION 1 – WORK TO BE PERFORMED 

 

Starving Artist Movers LLC (hereinafter referred to as "Service Provider" or "we") shall provide to Customer the moving and packing/unpacking services (the “Services”) set out in one or more Estimates to be issued by Service Provider and accepted by Customer. Additional Estimates shall be deemed issued and accepted only if signed by Service Provider. Customer agrees that Service Provider may accept telephone, text message, or email reservations for additional Services, and authorizes Service Provider to provide such Services under the terms and conditions of this Agreement.

 

SECTION 2 - COMPENSATION

 

2.1 Fees and Costs: Service Provider charges the following fees for the Services, which will remain effective for 6 months from the date of the Estimate.

 

Hourly Rate – Service Provider will charge an hourly rate, based on the number of movers required to complete the work. This rate will be submitted in written form, agreed upon by both parties, and included in the estimate provided to the customer via the Estimate Contract, or text message confirmation.

 

Materials – Shrink wrap, furniture pads, and dollies are all included at no additional cost. However, if you require packing services, Service Provider’s cost plus 20% for all packing materials (tissue paper, bubble wrap, packing paper, boxes, tape, labels, etc.) will be applied to the total bill.

 

Travel Cost – For moves that are outside thirty minutes drive time from Service Providers homebase, our standard hourly rate will be applied after the first thirty minutes of drive time.

 

Parking Fees & Tolls – Parking fees and tolls that Service Provider incurs while providing the Services will be itemized on Customer’s final invoice.  Parking fees and tolls are not included in the Estimate.  

 

2.2 Minimum Hours: Service Provider requires a minimum of 1 hours per 2-Mover team and any additional Mover(s) assigned to perform the Services.  

 

2.3 Deposit: For moves that are estimated to take longer than 6 hours to complete, Service Provider may require a non-refundable deposit of $165.00, which will be charged once Customer’s move is placed on the schedule. At the completion of the Services, the deposit will be applied to the balance owed by Customer. 

 

2.4 Credit Cards: To the maximum extent permitted by law, Service Provider will pass along any fees incurred by Service Provider for Customer’s payment via credit card and reserves the right to offer a discount to customers who pay by check or cash.

 

2.5 Invoices: At the conclusion of the Services, Customer will receive a final invoice, itemized to reflect all Services, mileage, and materials provided and any fees incurred.  Payment is due upon receipt.  

 

SECTION 3 – OBLIGATIONS OF THE PARTIES

 

3.1 Service Provider Obligations. Service Provider shall:

 

1. Furnish all labor and supplies necessary to complete the agreed upon Services, unless otherwise supplied by Customer.

 

1. Designate, supervise, and exercise full control over the work of employees or subcontractors (“Movers”) that Service Provider determines, in its sole discretion, to be capable of performing some or all of the agreed upon Services.  Service Provider shall be responsible for all matters relating to payment of its Movers in accordance with applicable state and federal laws.

 

1. Maintain records relating to the provision of the Services under this Agreement.

 

3.2 Customer Obligations. Customer shall:

 

1. Make payment of all deposits and invoices upon demand by Service Provider.

 

1. Provide access to Customer’s home, gated community, or other location as required to enable Service Provider to provide the Services.

 

1. Keep Service Provider informed about any changes to the Services, including the anticipated move date. 

 

1. Update Service Provider about any additional furniture or other items that were not discussed during the consultation.

 

1. Take all steps necessary to prepare for the Services, including reserving elevators and parking spaces, and obtaining visitor parking passes, if applicable.

 

1. Customer is responsible for the protection of any pets and their safe transport during the move. Customer shall ensure that any aggressive or fearful pets are safely secured so they do not escape or endanger Service Provider’s Movers.

 

3.3 Payment of Fees: In consideration of the provision of the Services by Service Provider, Customer shall pay the fees set out in the applicable Estimate, or as otherwise agreed in writing by the parties. Payment to Service Provider of such fees pursuant to this 3.4 shall constitute payment in full for the performance of the Services. Said fees will be payable on demand by Service Provider. In addition to all other remedies available under this Agreement or at law (which Service Provider does not waive by the exercise of any rights hereunder), Service Provider shall be entitled to suspend the provision of any Services if Customer fails to pay any deposits/fees when due hereunder.

 

3.4 Limited Warranty: Service Provider warrants that it shall perform the Services (a) in accordance with the terms and subject to the conditions set out in this Agreement; (b) using personnel of required skill, experience, and qualifications; and (c) in a workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. Service Provider makes no warranties except for that provided in this 3.5. All other warranties, express and implied, are expressly disclaimed.

 

3.5 Limitation of Liability and Indemnification: In no event shall Service Provider be liable to customer or to any third party for any consequential, incidental, indirect, exemplary, special, or punitive damages whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damage was foreseeable and whether or not Service Provider has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.

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In no event shall service provider's aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the aggregate amounts paid or payable to Service Provider pursuant to this agreement.

 

Customer agrees to indemnify and hold harmless Service Provider from all claims, losses, expenses, and fees resulting from damage or loss related to the provision of Services covered by this Agreement, other than such damage or injury caused by the negligent act or omission of Service Provider. 

 

SECTION 4 – TERM & TERMINATION

 

4.1 This Agreement shall commence as of the Effective Date of Service and shall continue thereafter until the completion of the Services specified in the Estimate or in any subsequent agreement between the Parties (the “Term”), unless terminated prior to that time pursuant to 4.2 or 4.3. 

 

4.2 Customer may terminate this Agreement, effective upon 7 days written notice, or as otherwise described in Service Provider’s cancellation policy as may be revised from time to time.

 

4.3 Service Provider may terminate this Agreement at any time before or during the Term. In the event of such termination, Service Provider will refund Customer for any unused deposit.

4.4 The rights and obligations of the parties set forth in this 4 and in Sections 2, 3, 5 and any other right or obligation of the parties in this Agreement which, by its nature, should survive termination or expiration of this Agreement, will survive any such termination or expiration of this Agreement.

4.5 All notices, requests, consents, claims, demands, waivers and other communications under this Agreement (each, a “Notice,” and with the correlative meaning “Notify”) must be in writing and addressed to the other party at its address set forth in this Agreement (or to such other address that the receiving party may designate from time to time in accordance with this Section). Unless otherwise agreed herein, all Notices must be delivered by personal delivery, nationally recognized overnight courier or certified or registered mail (in each case, return receipt requested, postage prepaid) or by email. Except as otherwise provided in this Agreement, a Notice is effective only (a) on receipt by the receiving party; and (b) if the party giving the Notice has complied with the requirements of this 4.5.

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SECTION 5 – MISCELLANEOUS PROVISIONS

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5. Entire Agreement and Construction: This Agreement, including and together with any related exhibits, attachments and appendices, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. The parties acknowledge and agree that if there is any conflict between the terms and conditions of this Agreement and any prior terms, the terms and conditions of this Agreement shall supersede and control. Neither party shall be construed as the drafter of this Agreement in the event of any ambiguity in terms. Both parties are sophisticated and have had the opportunity to read and review the terms with counsel should they wish.

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5.2 Severability: If any term or provision of this Agreement is found by a court of competent jurisdiction to be 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. 

 

5.3 Waiver: No waiver by any party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the party so waiving.

 

5.4 Assignment: Customer shall not assign, transfer, or delegate any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Service Provider. Any purported assignment or delegation in violation of this 5 shall be null and void. No assignment or delegation shall relieve the Customer of any of its obligations under this Agreement. Service Provider may assign any of its rights or delegate any of its obligations to any affiliate or to any person acquiring all or substantially all of Service Provider's assets without Customer's consent. This Agreement is binding on and inures to the benefit of the parties to this Agreement and their respective permitted successors and permitted assigns.

 

5.5 Relationship of the Parties: The relationship between the parties is that of independent contractors. The details of the method and manner for performance of the Services by Service Provider shall be under its own control, Customer being interested only in the results thereof. The Service Provider shall be solely responsible for supervising, controlling and directing the details and manner of the completion of the Services.

 

5.6 Choice of Law and Construction: This Agreement and all related documents and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Florida, including its statutes of limitations, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Florida. Each party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against the other party in any way arising from or relating to this Agreement in any forum other than the courts of the State of Florida located in or serving Pinellas County.  Each party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation or proceeding only in the courts of the State of Florida located in or serving Pinellas County. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. 

 

5.7. Force Majeure: No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of the Customer to make payment to Service Provider hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's reasonable control, including, without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, sinkhole, storm, pandemic; (c) government order, law, or actions; (d) national or regional emergency; (e) telecommunication breakdowns, power outages or shortage; (f) or other events beyond the reasonable control of the impacted party.

 

5.8 Remedies: In the event of a breach by Customer of this Agreement, Customer shall be responsible for all costs incurred by the Company in enforcing this Agreement or collecting such sums, including all reasonable attorneys’ fees incurred in all matters of interpretation, enforcement, and collection, before, during, and after demand, suit, proceeding, trial, appeal, and postjudgment collection efforts, regardless of whether or not suit is filed.  

 

5.9 Counterparts:  This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

 

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