LEASE TERMS AND CONDITIONS

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STG KIT subsidiary of EMX Group LLC
Owner: Ciro Evangelista
Address: 430 Communipaw Avenue, Jersey City, NJ, 07304, USA


LEASE TERMS AND CONDITIONS    
        
TIMELINE
1.1 It is our top priority to complete the unit as quickly and as seamlessly as possible. Please note that the schedule for the completion of this project is subject to change due to any unforeseen issues or potential complications. 
1.2 Staging will not commence until the construction and cleaning of the unit are concluded and the home is free of dust. If the unit is not clean prior to furniture delivery  a cleaning fee of $300 for a one bedroom plus $100 for each additional room will be charged after installation is complete. 
1.3 In the event, the Client or its assigned point of contact, fails to grant access as scheduled resulting in delays or return of the delivery truck, the Client may be subject to a change fee of up to $900 per occurrence due upon billing. 


PRICING AND FEE STRUCTURE
2.1 Payments: The payment of installation fees are due at checkout for immediate execution of the project. Upon request, projects costing above $50k  half of the installation fee may be paid for commencement of the project and the other half on the day of furniture delivery and before assembling.
2.2 Lease will remain active and no furniture will be removed until any outstanding balance has been paid in full.
2.3 The Scope of Services in this agreement is separate from the cost of removal and storage of furniture that belongs to the Client and is not being used in this project. 
2.4 Any changes requested after the photography of the unit will be charged at the discretion of the designer. 
2.5 The total fees for this project covers (a) five days of planning, (b) one day for move-in, furniture assembling and decoration, (c) 120 days of rental (d) one day of disassembling. Move-out will be charged to the client when client requests removal of furniture at a flat rate of $1000 per unit up to two bedrooms in size. Any additional days of moving or decoration after completion of the project will be billed separately at an hourly rate ($250) plus expenses. 
2.6 The hourly rate charged by the designer for any work out of the Scope of Services is $250. That includes but is not limited to: consultations, onsite visits, photo & video direction and composition, decluttering and planning.  
2.7 The rental fee is 10% of the total cost fo the project and will be billed on a monthly basis after 120 days of installation. 


INSTALLATION
EMX Group LLC agrees to supervise the (a) implementation of the Design Plan regarding Furnishings; (b) installation of the Furnishings and Appliances (the “Installation”); and (c) labor in placement of the Furnishings upon delivery of the Furnishings to the Premises.  EMX Group will not supervise the installation of Finishes (industry standard practice as the contractor/builder directly supervises the installation of Finishes); however, upon the specific request by Client, or at EMX Group’s sole discretion, EMX Group may review Finishes to assist Client in directing the contractor/builder, in which case Client hereby releases EMX Group from all liability associated with EMX Group’s supervision of the installation of Finishes.


LATE PAYMENT FEES
The Client will be charged a late payment fee of $25.00 (unless restricted by law) for each month the full amount of the total monthly rent is not received. Additionally, the Client will be subject to a monthly interest charge of 1.5% (unless restricted by law) on all balances more than 30 days past due. These fees and charges will be in addition to all other remedies available to EMX Group in the event the Client fails to keep their account current.


CANCELLATION
The Client may cancel this Lease by emailing notice of cancellation to hello@ciroevangelista.com within 24 hours from the Lease signature date. Cancellation of this Lease 24 hours after the Lease signature date will result in a cancellation fee for 50% of the total cost of this agreement. Cancellation made 24h or less from delivery date will be treated as an early termination of the Lease and no refunds will be made.


TERMINATION AND PICK-UP
The Client or its agents shall notify EMX GROUP LLC that staging is complete at least 15 business days before the end of the Lease. Notice of Termination should be emailed to hello@ciroevangelista.com and any outstanding balance should be paid in full before the pick up date is confirmed. Upon receipt of notice of Termination EMX GROUP LLC will facilitate the pick up of the staging furniture with their preferred moving company. Client is responsible for the cost of returning the furnishings to EMX Group’s Warehouse in Jersey City, NJ. Client is responsible for any rent dues until removal of all furnishings is complete.


RETURN OF STAGING FURNITURE
Client is responsible for the cost of returning furnishings to EMX Group LLC. Our flat rate fee for insurance, disassembling, packing, moving and restocking the items is $1,000 per unit up to two bedrooms in size. Client may opt to use a third party moving company to return furnishings to EMX Group LLC. The third party moving company and delivery date must be approved by EMX Group LLC before the removal starts. Client will not be charged a move out fee when EMX Group LLC approves the use of a third party moving company by Client. However, if client opts for using a third party moving company a restocking fee of $200 will be charged. Client is responsible for any rent dues until all furnishings are returned to EMX Group LLC.


FORCE MAJEURE
EMX Group LLC shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is beyond the reasonable control of EMX Group LLC.


PROPERTY
All furniture and decoration will be chosen at the discretion of the designer. Due to the creative nature of this project, the design is subject to change relative to how the project unfolds in real-time. All final decisions are made knowing what will garner the quickest sale for the highest return. Client or its agents shall not remove, add to or alter the design without prior consent of the designer. 


RESPONSIBILITY FOR MAINTAINING THE PROPERTY
10.1 EMX GROUP LLC inspects the property prior to delivery to ensure that it is free of material defects or infestation.  In the event of damage or loss, EMX GROUP LLC will charge the Client its cost of replacing or repairing the property, including materials, parts, and labor, plus any applicable service fees. 
10.2  If the Client fails to return the property as required, the Client will be liable to EMX Group LLC for an amount up to the replacement cost of the property plus handling fees, in addition to all other payments and charges due under this lease. 
10.3 The Client is responsible for maintaining the property in good condition, subject to ordinary wear, and for any damage, loss or destruction. Whether the property is damaged, lost or destroyed will be determined in EMX GROUP LLC’s sole and absolute discretion.
10.4 Client shall not remove any item of Property from the delivery address without EMX GROUP LLC's prior written approval.
10.5 Client agrees to indemnify, defend and hold EMX GROUP LLC harmless from any and all liabilities, claims, suits, losses, damages, costs, and expenses, including but not limited to that the property is infested with insects after delivery or that insect infestation in the property caused personal injury. 
10.6 The Client also agrees to unconditionally release and discharge EMX Group LLC and its officers, directors, employees, and agents from any and all claims or suits for damages suffered by the Client as a result of insect infestation, personal injury caused by insects, or other damage or personal injury caused by the property. 


WARRANTIES
EMX Group LLC is not the manufacturer of the property provided under the lease. EMX Group LLC makes no warranty, expressed or implied, with regard to such property including, but not limited to any implied warranty of merchantability or fitness for a particular purpose.


NO ASSIGNMENT
This lease may not be assigned by the Client in whole or in part, and no portion of the property may be subleased to any third party without the express written consent of EMX GROUP LLC.


TITLE
It is understood that this transaction is a lease and not a conditional sale or financing agreement. Title and ownership to each item of the property will remain with EMX GROUP LLC, and the Client will not grant a security interest of any kind or dispose of any item of property. The Client must keep the property free and clear of all levies, attachments, liens, and encumbrances and must not in any way impair EMX GROUP LLC's title in such property. EMX GROUP LLC has the right but not the obligation to file a financing statement at any time to file a notice of its ownership of the property.


ENTIRE AGREEMENT
This Agreement contains the entire Agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.


APPLICABLE LAW
This Agreement shall be governed by the laws of the State of  New York.


CLIENT AGREES TO THE FOLLOWING:
16.1 To do the necessary actions to meet building requirements and grant access to the unit for the duration of implementation and until removal is complete. 
16.2 We ask the client, its agents or any representatives not to be present in the unit, after delivery of furniture and during assembling and decoration in order for the Design Team to work without interruption,
16.3. The Client is responsible for the removal of any and all personal furniture deemed unsuited for the staging and photography prior to the start date of the staging,  based on discussions with the Designer.
16.4 The Client will notify EMX GROUP LLC of moving furniture to a new unit within the building in the event of the sale of a single unit in a multiple unit staging. This will result in the Client to be billed separately at an hourly rate ($250) plus expenses until completion of the move.

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