Mozzafiato Property Staging - Agreement

1. Definitions

1.1 Client means the person or entity accepting a quotation or engaging Mozzafiato Property Staging (“MPS”), whether acting as property owner or authorised agent on behalf of the property owner.

1.2 Property Owner means the legal owner of the Property.

1.3 Property means the property identified in the accepted quotation.

1.4 Styling Fee means the total fee quoted for the Services for the Property, inclusive of GST.

1.5 Installation Date means the date staged items are installed at the Property.

1.6 Hire Period means the period of up to twelve (12) weeks commencing from the Installation Date.

1.7 Variation Fee means the fixed fee of $800 (inclusive of GST) payable for Client-initiated variations requiring logistical coordination.

1.8 Business Day means a day other than a weekend or public holiday in New South Wales.

2. Engagement & Authority

2.1 Engagement: By accepting a quotation, confirming installation, making payment, or allowing installation to proceed, the Client engages MPS in accordance with this Agreement.

2.2 Authority: The Client warrants they have authority to bind the Property Owner where acting as agent.

2.3 Joint Responsibility: Where an agent engages MPS on behalf of a Property Owner, MPS reserves the right to hold the Client responsible for compliance with this Agreement, including payment of all fees.

2.4 Electronic Acceptance: Electronic acceptance, including tick-box confirmation or payment, constitutes binding acceptance of this Agreement.

3. Scope of Services

3.1 Full Staging Only: MPS provides complete staging services only. Partial staging and accessory-only packages are not provided unless agreed in writing.

3.2 Included Services: Services include delivery, installation, staging/styling, hire, and removal at the end of the Hire Period (unless removed earlier under this Agreement).

3.3 No Moving Client Items: MPS does not move, store, or rearrange the Client’s or Property Owner’s furniture or personal effects.

3.4 Creative Control: MPS retains creative control and may substitute items where necessary due to availability, wear, damage, supply constraints, operational requirements, or design considerations.

3.5 Selections Presentation: After payment, MPS will provide a selections presentation of primary furniture for agreed living areas only.

3.6 Exclusions from Selections: Selections do not include decorative styling items (e.g., cushions, décor), soft furnishings, or bedroom furniture. These remain at MPS’s discretion.

3.7 Third-Party Contractors: Delivery, removal, and certain installations may be performed by insured independent contractors engaged by MPS. Where damage is caused solely by such contractor, MPS will facilitate communication regarding any claim.

4. Selections, Amendments & Variations

4.1 Approval Requirement: The Client must review and approve the selections presentation prior to installation.

4.2 Minor Styling Adjustments: One reasonable round of minor styling adjustments may be accommodated at MPS’s discretion.

4.3 Definition of Minor Adjustment: Minor adjustments are limited to small decorative items that do not require transport logistics, additional crew, or significant reconfiguration.

4.4 Client-Initiated Variations: Any change requested after approval involving furniture, televisions, large mirrors, rugs, beds, sofas, dining settings, or any item requiring logistical coordination constitutes a Variation.

4.5 Variation Fee: Each Variation incurs the Variation Fee.

4.6 No Guarantee: Variations are subject to availability and scheduling capacity and are not guaranteed.

4.7 Right to Decline: MPS reserves the right to decline variation requests.

5. Property Readiness & Utilities

5.1 Vacant & Clean: The Property must be fully vacant and professionally cleaned prior to installation.

5.2 Utilities Requirement: Electricity must be connected and operational at installation, including working lights and air-conditioning where installed.

5.3 Safe Access: Safe access must be provided, including clear pathways and reasonable loading access.

5.4 Access Authority: The Client authorises MPS to access the Property using provided keys, codes, or lockbox details for installation, inspection, and removal.

5.5 Scheduling Disclaimer: Installation and variation dates are subject to availability. MPS is not liable for listing delays, marketing rescheduling costs, photographer fees, auction changes, settlement timing, or campaign

adjustments.

6. Wall Fixings & Installations

6.1 Wall Penetrations: Artwork and wall-mounted items may require nails or permanent fixings.

6.2 Fixings Remain: Fixings will remain in place upon removal unless otherwise agreed in writing.

6.3 No Make Good: MPS does not patch, repaint, or make good walls following removal.

6.4 No Adhesive Mounting: Adhesive mounting products (including 3M-type products) are not used.

7. Fees & Payment

7.1 GST Inclusive: All fees quoted by MPS are inclusive of GST unless otherwise stated in writing.

7.2 Payment Timing: Full payment of the Styling Fee must be received and cleared at least forty-eight (48) hours

prior to the Installation Date.

7.3 Condition of Installation: Installation will not proceed unless cleared funds have been received.

7.4 Failure to Pay: If payment is not received within the required timeframe, MPS may cancel or reschedule installation in accordance with Section 8.

7.5 Late Payment (By Written Agreement Only): Where MPS agrees in writing to proceed without full upfront payment, any overdue amount may incur interest at the rate of ten percent (10%) per annum, calculated daily from the due date until paid in full.

7.6 Recovery Costs: The Client is liable for all reasonable costs incurred by MPS in recovering unpaid amounts, including debt collection fees and legal costs on a full indemnity basis.

7.7 Discounts & Promotions: Any discount or promotional pricing applies only to the specific quotation issued and does not apply to future bookings unless confirmed in writing.

7.8 Agency Application: A discount provided to a specific agent or Client does not automatically apply to other agents, staff, or representatives within the same agency unless expressly agreed in writing by MPS.

8. Cancellation, Rescheduling & Aborted Installations

8.1 Cancellation More Than Five (5) Business Days Prior: No cancellation fee applies.

8.2 Cancellation Within Five (5) Business Days: If the Client cancels within five (5) Business Days of the Installation Date, a fee equal to fifty percent (50%) of the Styling Fee applies.

8.3 Cancellation or Rescheduling Within Forty-Eight (48) Hours: If installation is cancelled or rescheduled within forty-eight (48) hours of the Installation Date, a fee equal to fifty percent (50%) of the Styling Fee applies.

8.4 Property Not Ready (Aborted Installation): If the Property is not vacant, professionally cleaned, safe, or connected to operational electricity at arrival, installation may be aborted and a fee equal to fifty percent (50%) of the Styling Fee applies.

8.5 Return Visits: Any return visit required due to Property unreadiness will incur additional delivery and labour charges at MPS’s applicable rates.

8.6 Cancellation After Installation: If the Client cancels Services after installation has occurred, the full Styling Fee remains payable.

8.7 Operational Disruption: Fees under this section reflect warehouse preparation, scheduling allocation, third-party contractor bookings, and operational disruption incurred by MPS.

9. Hire Period & Extensions

9.1 Hire Period Duration: The Hire Period is up to twelve (12) weeks commencing from the Installation Date.

9.2 No Early Refund: No refund, credit, or reduction of the Styling Fee applies if the Property sells, is withdrawn from market, or marketing ceases prior to the expiry of the Hire Period.

9.3 Extensions: Extensions beyond the Hire Period are subject to availability and must be paid in advance at the applicable weekly rate.

9.4 Non-Payment of Extension Fees: If extension fees are unpaid, MPS may immediately enter the Property and remove all staged items without further notice.

9.5 Authority to Access: The Client authorises MPS to access the Property for the purpose of removal under this section.

10. Transfers (Duplex / Townhouse Campaigns)

10.1 Definition of Transfer: A Transfer means relocation of staged items from one Property to an adjoining duplex or townhouse for the purpose of commencing a new marketing campaign.

10.2 New Engagement: A Transfer constitutes a new engagement under this Agreement.

10.3 Hire Period Reset: The Hire Period recommences from the Installation Date at the new Property.

10.4 Transfer Pricing: A discretionary discount of $1,000 (inclusive of GST) may be applied to the Styling Fee for the new Property where confirmed in writing.

10.5 No Ongoing Discount: A Transfer discount applies only to that specific transaction and does not create a standing pricing agreement.

10.6 Payment Requirement: No Transfer will occur unless full payment of the new Styling Fee has been received and cleared.

10.7 Scheduling & Suitability: Transfers are subject to scheduling availability, item condition, and operational suitability.

11. Care, Risk & Insurance

11.1 Ownership: All staged furniture, artwork, televisions, accessories, and styling items remain the sole property of MPS at all times.

11.2 Transfer of Risk: Risk in all staged items passes to the Client upon installation and remains with the Client until removal by MPS.

11.3 Client Responsibility: The Client is responsible for all loss, theft, damage, vandalism, environmental damage (including water ingress, burst pipes, storms, mould, pests), misuse, or excessive soiling during the Hire Period, regardless of cause and whether caused by the Client, Property Owner, visitors, agents, or third parties.

11.4 Insurance Requirement: The Client must ensure the Property is adequately insured during the Hire Period, including coverage for damage to third-party property. Failure to maintain insurance does not limit the Client’s liability.

11.5 Display-Only Use: Staged items are supplied for visual display purposes only and must not be used for daily living, commercial use, events, open home seating, or auction seating.

11.6 No Pets: No animals are permitted in staged areas during the Hire Period.

11.7 Injury from Misuse: MPS is not liable for injury arising from misuse of staged items contrary to this Agreement.

12. No Occupancy

12.1 Vacant Requirement: The Property must remain vacant during the Hire Period.

12.2 Breach of Vacancy: If MPS becomes aware that the Property is occupied during the Hire Period, MPS may:

(a) Immediately terminate the hire;

(b) Remove staged items without notice; and/or

(c) Charge an occupancy fee equal to fifty percent (50%) of the Styling Fee.

13. Early Removal & Non-Interference

13.1 Early Removal Requests: Early removal requests are subject to availability and scheduling capacity.

13.2 Priority Removal Fee: Requests made within forty-eight (48) hours may incur a priority removal fee of $800

(inclusive of GST).

13.3 No Refund: No refund or reduction of the Styling Fee applies for early removal.

13.4 Settlement Delays: MPS is not liable for settlement delays, handover delays, or associated costs arising from removal scheduling limitations.

13.5 No Interference: The Client must not move, dismantle, stack, relocate, store, or otherwise interfere with staged items.

13.6 Handling Breach: If interference occurs:

(a) The Client is immediately liable for any resulting loss or damage;

(b) A handling breach fee equal to fifty percent (50%) of the Styling Fee may be charged; and

(c) MPS may immediately remove staged items without notice.

14. Right of Entry & Asset Protection

14.1 Inspection Rights: MPS reserves the right to enter the Property upon reasonable notice to inspect the condition of staged items.

14.2 Risk-Based Entry: Where MPS reasonably believes staged items are at risk of misuse, damage, unauthorised occupancy, or non-payment, MPS may enter the Property and remove items without prior notice.

14.3 Authorisation: The Client authorises MPS to access the Property for inspection, enforcement, and retrieval purposes.

15. Damage, Cleaning & Replacement

15.1 Damage Liability: The Client must pay full replacement cost, repair cost, or professional cleaning cost for any staged item damaged, lost, stolen, or excessively soiled beyond normal wear and tear.

15.2 Payment Timing: Damage invoices are payable within seven (7) days of issue.

15.3 Interest & Recovery: If unpaid, interest and recovery costs apply in accordance with Section 7.

16. Limitation of Liability

16.1 Liability Cap: To the maximum extent permitted by law, MPS’s total aggregate liability arising out of or in connection with the Services is limited to the Styling Fee paid for the relevant Property.

16.2 Exclusion of Consequential Loss: MPS is not liable for loss of profit, loss of business opportunity, marketing delays, settlement delays, photographer rescheduling costs, auction rescheduling costs, indirect loss, or consequential loss whether arising in contract, negligence, or otherwise.

16.3 Third-Party Contractors: Where loss or damage is caused solely by an independent third-party contractor engaged by MPS, MPS’s liability is limited to facilitating communication between the Client and the contractor in relation to any claim.

17. Marketing & Intellectual Property

17.1 Marketing Rights: MPS may photograph and/or video the staged Property and use such content for marketing, portfolio, website, and promotional purposes.

17.2 Opt-Out Requirement: The Client must notify MPS in writing prior to installation if they object to marketing use.

17.3 Attribution: Where practicable, the Client or agency agrees to credit MPS when using staged imagery in marketing

materials.

18. Dispute Resolution & General

18.1 Good Faith Resolution: The parties agree to attempt to resolve disputes in good faith before commencing legal proceedings.

18.2 Mediation: If unresolved within fourteen (14) days, either party may refer the dispute to mediation in New South Wales.

18.3 Debt Recovery Exception: Nothing in this section prevents MPS from taking immediate action to recover unpaid fees.

18.4 Governing Law: This Agreement is governed by the laws of New South Wales, Australia.

18.5 Entire Agreement: This Agreement and the accepted quotation constitute the entire agreement between the parties.

18.6 Amendments: Any amendment must be in writing and accepted by both parties.

18.7 Electronic Acceptance: Electronic acceptance, including tick-box confirmation, constitutes valid and binding agreement.

18.8 Severability: If any provision is found unenforceable, the remaining provisions remain in full force and effect.