Service Agreement

This Service Agreement ("Agreement") is entered into by and between HomeSet LLC ("Company") and the client ("Client") effective as of booking a service on yourhomeset.com. By booking, Client agrees to the following terms and conditions:

1. Description of Services HomeSet provides a proprietary home transformation service (the "Service"). The scope of work is tailored to each Client and may include consultations, assessments, and aesthetic changes as agreed upon. HomeSet reserves the right to determine the methods and strategies used in delivering the Service. HomeSet will provide home staging consultation to deliver a comprehensive home staging plan designed to aid the Client in maximizing the existing unique characteristics of their property and furnishings in preparation for sale. The staging plan will include a two-time on-site consultation at the Property being sold and may include written materials. While HomeSet will provide the staging plan, it will be Client’s responsibility to execute the plan. This proposal does not include the following services: movement of furniture or other items; contracting for movement of furniture or other services or items; provision of furnishings or any other interior or exterior decoration; any other real estate services.  Should any of these other non-included services be required, HomeSet may recommend appropriate professionals for seller approval, however, Client will be responsible for the fees charged by those professionals. A recommendation by HomeSet is neither an endorsement of those companies nor a warranty of their services and HomeSet will not be responsible in any way for service provided by third parties. Client deliverables listed on their Home Sale Preparation List, or any requests made of Client by HomeSet, are required to be fulfilled prior to scheduling Consultation Two. Client’s failure to satisfy such HomeSet requests may cause delays in performance with no penalty to HomeSet. In the event that HomeSet has not received Client’s notification of deliverables executed, HomeSet may pause all performance under this Agreement, and hold Consultation Two, until Client satisfies HomeSet’s request. Schedule for completion of this Agreement will be adjusted to reflect a Client delay at no penalty to HomeSet.

2. No Guarantee of Results Client acknowledges and agrees that results from the Service are subjective and will vary. HomeSet makes no guarantees, promises, or warranties regarding specific outcomes, including emotional, aesthetic, financial, real estate sales, or lifestyle results.

3. Limitation of Liability To the fullest extent permitted by law, HomeSet shall not be liable for any indirect, incidental, consequential, or special damages, including loss of profits, revenue, or use. While the hope is that the staging plan will increase the likelihood of sale, HomeSet makes no guarantee or warranty that the services provided by HomeSet will lead to Client’s property being sold. To the greatest extent allowed by law, Client agrees to limit any and all liability of HomeSet for any matter or cause of action in any way connected to or arising from the services to damages amounting to no more than the total fee charged by HomeSet for services rendered. Any liability, costs, expenses, or damages shall be the sole responsibility of Client. Under no circumstances shall HomeSet be liable to Client for any amount. The fees charged by HomeSet are calculated taking into account this allocation of risk and Client agrees that the benefits of this agreement warrant the limitation of liability. Further, each party shall defend indemnify and hold harmless the other party, including affiliates and each of their respective officers, directors, shareholders, employees, representatives, agents, successors and assigns from and against all claims of third parties, and all associated losses, to the extent arising out of a (a) party’s gross negligence or willful misconduct in performing any of its obligations under this Agreement, or (b) a material breach by a party of any of its representations, warranties, covenants or obligations under this Agreement.

4. Intellectual Property & Method Protection The methods, techniques, materials, and processes (“HomeSet IP”) used by HomeSet are proprietary and confidential. Client agrees not to replicate, disclose, teach, distribute, or reverse-engineer any aspect of the Service. Any documents prepared by HomeSet (the “Materials”) are HomeSet’s Instruments of service and considered intellectual property owned by HomeSet, exclusively HomeSet IP. As such, the HomeSet IP is provided to the Client solely for the purpose of aiding in the consultation and staging of the Client’s Property. HomeSet shall retain all common law, statutory, and other reserved rights over the HomeSet IP, inclusive of retaining all ownership rights related to copyright and trademark. The Client agrees to indemnify HomeSet from all costs and expenses related to claims arising from the use of the HomeSet IP. Client does not have permission to use or transmit to any other party any HomeSet IP prepared by HomeSet unless specifically authorized to do so by HomeSet.

5. Confidentiality & Non-Disclosure Client acknowledges that all materials, communications, insights, processes, tools, and methodologies shared or revealed during the course of the Service are the sole and exclusive property of HomeSet and constitute valuable proprietary information and trade secrets ("Confidential Information").

Client agrees to maintain the strictest confidentiality and not disclose, reproduce, distribute, or allow access to any Confidential Information to any third party, including but not limited to colleagues, friends, family, or other service providers. Client agrees not reproduce, replicate, reverse-engineer, publicly display, teach, perform, publish, or otherwise make use of any Confidential Information for personal, professional, or commercial purposes. Client agrees not record any portion of the Service, including conversations, sessions, or materials, without prior written permission from HomeSet. Client agrees to promptly notify HomeSet in writing of any unauthorized disclosure or misuse of Confidential Information. This confidentiality obligation shall remain in full force indefinitely, including after the termination of this Agreement.

6. Media Release Client grants HomeSet the right to use before and after photographs, video, written testimonials, and general project details for marketing, promotional, educational, or commercial purposes. This includes use on websites, social media, printed materials, and media coverage. HomeSet agrees to keep Client’s name and physical address confidential. Client does hereby consent and agree that HomeSet, its employees, or agents have the right to take photographs, videotape, or digital recordings of Client’s Property to use in any and all media, now or hereafter known. Client further consents to release HomeSet, its agents, and employees from any claims related to any and all rights to exhibit the media contemplated herein in print and electronic form, publicly or privately, for marketing purposes. Client understands that there will be no financial or other remuneration for recording Client property, either for initial or subsequent transmission or playback. Client waives the right to any and all compensation.

7. Payment Terms Client agrees to pay in full according to HomeSet’s fee schedule. Payments are non-refundable once Service has commenced.

  • Condominiums up to 1,499 square feet - $1,000.00

  • Condominiums larger than 1,500 square feet - $1,250.00

  • Single Family Homes up to 1,499 square feet - $1,250.00

  • Single Family Homes 1,500-1,999 square feet - $1,500.00

  • Single Family Homes 2,000-2,499 square feet - $2,000.00

  • Single Family Homes 2,500-2,999 square feet - $2,500.00

  • Single Family Homes 3,000-3,999 square feet - $3,000.00

  • Single Family Homes 4,000 square feet and above - $4,000.00

8. Cancellations and Rescheduling Cancellations must be made at least 14 days before the scheduled Service date to receive a full refund. Cancellations made between 14 and 7 days prior to the Service will receive a 50% refund. Cancellations made within 7 days of the scheduled Service will not be refunded. Rescheduling is subject to availability. Should, for any reason, the date of the services change due to the Client’s request or vendor and/or agent request, best efforts will be made by HomeSet to accommodate the new date. Client understands that third party changes and Client changes to the date can impact the quality of services and that HomeSet is not responsible for any compromises in quality owing to such changes

9. Assumption of Risk Client acknowledges that they are voluntarily participating in the Service and assume all associated risks. HomeSet is not responsible for any psychological, emotional, physical, financial, or material consequences resulting from the Service.

10. Dispute Resolution Any dispute arising from this Agreement shall first be attempted to be resolved through mediation. If unresolved, disputes shall be submitted to binding arbitration under California law. Venue shall be in Los Angeles County. The selection of any mediator or arbitrator shall be made solely at the discretion of HomeSet. ach party is responsible for all associated fees for the other party if the case is not in their favor.

11. Force Majeure HomeSet shall not be liable for failure or delay in performance due to acts beyond its control, including natural disasters, illness, government actions, or other emergencies.

12. Trade Secrets and Non-Solicitation Client acknowledges that HomeSet’s proprietary methods, techniques, materials, checklists, processes, tools, pricing strategies, and all documentation or communications provided in the course of service (collectively, the “Trade Secrets”) are the exclusive and confidential property of HomeSet. These Trade Secrets are provided solely for the purpose of delivering the contracted services and may not be disclosed to, reproduced for, or utilized by any third party without prior written consent from HomeSet.

Client agrees not to use, share, publish, or otherwise disseminate any of HomeSet’s Trade Secrets for personal gain or to aid any competitor, third party, or similar service provider, for so long as such information remains a trade secret under California law, including California Civil Code § 3426 et seq.

Client further agrees that they shall not, at any time, directly or indirectly solicit, hire, or engage any current or former HomeSet contractors, employees, or collaborators with whom they had contact through the service, for any services competitive or similar in nature to those provided by HomeSet, if such solicitation or engagement would result in the unauthorized use or disclosure of HomeSet’s Trade Secrets.

In the event of any dispute arising from a breach or threatened breach of this clause, HomeSet shall be entitled to injunctive relief, as monetary damages may be insufficient to remedy the harm. In addition, the prevailing party in any action to enforce this provision shall be entitled to recover reasonable attorneys’ fees and legal costs incurred.

13. Representations and Authority By booking HomeSet’s services, the individual submitting the request (“Booking Party”) represents and warrants that they are either the legal owner of the property or have obtained the full authority and consent of the property owner(s), their real estate agent(s), and any other decision-makers involved in the sale of the property (collectively, the “Involved Parties”) to enter into this agreement and to bind all such parties to its terms. The Booking Party further agrees that all Involved Parties shall be jointly and severally bound by this agreement. 

14: Point of Contact: Client may designate one additional individual as the point of contact and if such a designation is made, HomeSet will only accept critiques and changes regarding the services from that person or Client. Client understands and agrees that any requests and/or information from an individual that is not the Point of Contact will not be included and HomeSet shall not be penalized or held in breach of this Agreement due to the failure to include input from a non-point of contact. HomeSet will not be held responsible if Client is not satisfied with the final product due to information disseminated to HomeSet by any individual other than the point of contact. 

15. Employment of Others: HomeSet may employ the services of other independent contractors or service providers without the permission of the Client in order to complete the services. HomeSet shall be responsible for supervision and control of any employees or independent contractors who perform services pursuant to this Agreement. All such persons shall be employees and/or contractors of HomeSet and not of the Client. The responsibility for specification of the work to be performed and the specific services hereunder shall be exclusively that of HomeSet.

16. Complete Agreement. This Agreement represents the entire agreement of the parties with respect to the services provided and supersedes all prior or contemporaneous agreements, concerning this subject matter, whether written, unwritten, express or implied. The parties each acknowledge for themselves that there are no oral representations, understandings, or agreements relating to this Agreement which are not fully expressed herein.

17. Refusal of Service.  HomeSet reserves the right to refuse services or cancel this Agreement for any reason and at any time at its sole discretion. In the event that HomeSet terminates this Agreement without cause, the refund terms outlined above shall be applicable. However, in the event that HomeSet terminates this Agreement due to a breach of this Agreement by Client, no refund shall be due to Client. 

18. Entire Agreement & Severability This Agreement constitutes the entire understanding between the parties. If any provision is held to be invalid, the remainder shall remain in full force and effect.