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Hobby Gardener Agreement
This Hobby Gardener Agreement (the “Agreement”), entered into this [Day] day of [Month, Year], by and between Shamar Organics a Texas Limited Liability Company, with its principal place of business in Texas, herein referred to as the “Company”, and [Hobby Gardener’s Full Name/Entity Name], having its primary residence or principal place of business at [Hobby Gardener’s Address], hereinafter referred to as the “Hobby Gardener”.
RECITALS
WHEREAS, the Company maintains and operates a distinguished multi-Hobby Gardener e-commerce platform dedicated to the procurement and sale of organic products;
WHEREAS, Hobby Gardener possesses the capability and desire to offer organic products for sale and desires to avail itself of the Company’s platform pursuant to the terms and stipulations of this Agreement;
NOW, THEREFORE, in consideration of the promises, covenants, and conditions set forth herein, it is mutually agreed as follows:
- Representations and Warranties
Hobby Gardener hereby represents and warrants that:
- It has the right, power, and authority to enter into this Agreement and fully perform its obligations herein.
- The products it lists are genuine, free from encumbrances, and do not infringe upon any third-party rights, including intellectual property rights.
- Products and Listings
- Listings: Hobby Gardener shall, in good faith, provide comprehensive and factual descriptions, representations, and images of the products.
- Regulatory Compliance: All products asserted as organic shall unequivocally comply with local, state, and federal standards governing organic products.
III. Financial Conditions
- Fees and Charges: Hobby Gardener accedes to remit to the Company a pre-agreed membership fee and a definitive 15 % percentage from each successful transaction.
- Remittance: The Company shall disburse payments for products, net of the stipulated fees, to the Hobby Gardener on a [bi-weekly] cadence.
- Obligations concerning Delivery and Returns
- Shipment: The onus of ensuring timely and accurate delivery to the end Consumer lies with the Hobby Gardener unless expressly stipulated otherwise.
- Return Protocol: Hobby Gardener commits to be bound by and adhere assiduously to the Company’s Return and Refund Policy, as manifested on the Platform.
- Non-Disclosure of Proprietary Information
Both entities covenant to eschew any revelation, replication, or dissemination of confidential or proprietary Intel, whether tacitly or overtly, of the reciprocal party to any third-party sans express written consent.
- Termination Provisions
- Breach: In the event of a material breach of this Agreement’s stipulations by either party, the aggrieved entity may elect to terminate this Agreement upon thirty (30) days’ prior written notice.
- Effect of Termination: Upon the termination or expiration of this Agreement, all financial obligations accrued before such termination or expiration will survive.
VII. Indemnification
Hobby Gardener agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against all claims, damages, and expenses, including reasonable attorney’s fees, arising out of or related to the products provided by the Hobby Gardener or any breach of this Agreement by the Hobby Gardener.
VIII. Jurisdiction and Governing Law
The laws of the State of Texas, without giving effect to its conflict of laws principles, shall govern this Agreement. Both parties consent to the exclusive jurisdiction and venue in the state and federal courts in Texas.
- Modification Clause
No amendment, modification, or alteration of the terms herein shall be binding unless the same is in writing and duly executed by the parties hereto.
- Entire Agreement & Severability
This Agreement embodies the entire understanding between the parties and supersedes all prior negotiations, understandings, and agreements between the parties. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
XII. Membership Cancellation and Refund
- Cancellation by Hobby Gardener: Hobby Gardeners may choose to cancel their membership with Shamar Organics LLC at any time. Should a Hobby Gardener decide to cancel, they must notify Shamar Organics LLC in writing.
- Prorated Refund: If a Hobby Gardener chooses to cancel their membership and has paid the regular membership fee of $12 per year to Shamar Organics LLC, the Company will provide a prorated refund for the unused portion of the membership. For example, if a Hobby Gardener cancels after 2 months of using the platform, they will be entitled to a refund for the remaining 10 months, which equates to $10
- Exclusions: Hobby Gardeners who availed of their membership with Shamar Organics LLC during a promotional period or at a discounted rate will not be eligible for the prorated refund upon cancellation.
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