Sail Again Children' Consignment Addendum A (Crew Agreement/Confidentiality)
1. CONSIGNOR will retain percent (60%) of the sale price for all ITEMS sold pursuant to this Agreement. SACC will retain the balance (40%) as a fee for services rendered. In some instances, CONSIGNOR may choose to assist (CREW) at the event to sell their own ITEMS, thereby changing the scope of both the work and fees owed for the services provided by SACC.
2. Whether acting as a consignor, or as both a consignor and crew member, CONSIGNOR agrees that neither SACC nor its officers, owners, members, employees, agents, consignors, contractors, insurers or representatives, nor any other party (including without limitation any owner or lessee of any property on which a SACC sale occurs) shall be liable to CONSIGNOR for any loss or damage to the ITEMS, or liability for any personal injury or other damage to person or property, and CONSIGNOR hereby agrees to hold each such party harmless from any such claim and damages. SACC is not responsible for lost, stolen or damaged ITEMS brought on or to any SACC sale event or location by any person and will not assume liability for any personal property or equipment left at or about any such sale event or location.
3. In the event that SACC offers employment to the CONSIGNOR and CONSIGNOR chooses to help (CREW) at the event, CONSIGNOR understands that they will be paid an hourly rate not below minimum wage as a temporary seasonal employee. CONSIGNOR agrees to fill out all necessary on-boarding paperwork and understands that they will receive a W2 form from SACC. CONSIGNOR also understands that:
A. SACC can hire a limited number of consignors to act as CREW. The selection of these CREW members may require both an application and an interview. Preference will be given to those who have participated as crew members in the past and to those who can work 20+ hours per week during the event. SACC warrants that any additional perks, benefits, fees, requirements, or discounts to CREW beyond the rate of NC’s minimum wage ($7.25/hour) will be published on the website (sailagainlkn.com)or otherwise presented for review in advance of their first hour of work.
B. By agreeing to help (CREW) at SACC ’s event and accepting the benefits stated herein, CONSIGNOR agrees to the following:
a. CONSIGNOR agrees that they are assisting with the sale of their own items and those of others, as an expression of community good will and in some cases, so that they may increase their earnings/decrease the fee paid to SACC for their services; b. CONSIGNOR agrees that they have hired SACC to assist in selling their personal items and that by working as a CREW member, they have in turn, been hired by SACC to perform a job as an hourly, temporary seasonal employee. c. CONSIGNOR agrees that their payment to SACC for selling their items will be in the form of a percentage of the sale of the CONSIGNOR’s ITEMS and deducted at the end of the sale; and d. CONSIGNOR agrees to always conduct themselves in a cheerful and respectful manner toward other consignors and customers; and e. CONSIGNOR agrees to follow SACC’s policies and procedures and to not be under the influence of drugs and/or alcohol while working f. CONSIGNOR agrees to always act in a manner that is consistent with SACC’s objectives and in a way that enhances the atmosphere of SACC; and g. CONSIGNOR acknowledges that participating in the sale of their own items at SACC may require periods of physical activity, lifting and standing and will require the exercise of reasonable care to avoid injury, and h. CONSIGNOR affirms he/she is participating with the knowledge of the hazards and potential dangers involved, and agrees to accept any and all risks of personal injury and property damage that may result; and
As such, CONSIGNOR understands and affirms that they are expected to carry their own personal medical insurance to cover any medical expenses or medical services for any injuries sustained while at a SACC event.
4. CONSIGNOR agrees SACC has a protectable interest in its business and operations and, as a result:
a. CONSIGNOR acknowledges that as part of participating in SACC’s business, CONSIGNOR may gain access to information SACC deems confidential, including SACC’s marketing materials, pricing data, consignor identities, customer identities, methods, and other SACC information and materials (Confidential Material) all of which has independent economic value to Sail Again Children's Consignment and that may not be known to the general public or others who might obtain economic value from its disclosure or use. CONSIGNOR agrees not to make any disclosure of the Confidential Material without SACC’s written authorization and agrees to return to SACC all Confidential Material upon the end of the Consignment Term.
b. CONSIGNOR will not, for a period of twenty-four (24) months following the conclusion of the Consignment Term, either directly or indirectly, solicit, take away or attempt to solicit or take away any of the customers, employees, representatives, or other consignors of SACC for the CONSIGNOR’s own benefit or for the benefit of any other person or business entity.
c. CONSIGNOR agrees not to engage, directly or indirectly, in any activity that is competitive with any activity of SACC (including without limitation consignment stores or consignment sales of children’s clothing and/or children’s products) during the Consignment Term and for a period of twenty-four (24) months following the Consignment Term and within the geographic area defined as being within a forty (40) mile radius of the location of any SACC sale, or one owned by the SACC parent company, that took place during the twenty-four (24) month period prior to the conclusion of the Consignment Term. For purposes of this paragraph, competitive business activity encompasses forming or making plans to form a business entity that may be deemed to be competitive with any business of SACC or the be involved as a paid or volunteer consultant, manager or employee of such an entity . Notwithstanding the foregoing, CONSIGNOR shall not be prohibited from consigning CONSIGNOR’s property with other consignment sales, even if such sales are competitive with SACC.
d. CONSIGNOR agrees SACC and its parent company and owners shall be entitled to injunctive relief to protect against the breach or threatened breach of this Agreement. SACC shall be entitled to recover expenses and costs, including all actual attorneys’ fees, incurred by it to enforce any provision of this Agreement. SACC may also pursue any other remedies which may be available at law.
5. This Agreement is governed by the laws of the State of North Carolina. If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby.
6. This Addendum (A), and the Agreement that it is attached to contain the entire understanding between and among the parties and supersedes any prior understandings and agreements among them respecting the subject matter of this Agreement whether in writing or oral. The representations and warranties of CONSIGNOR contained in Section 3 of the Agreement, the obligations contained in Sections 6 of the Agreement and those detailed in Section 4 of this Addendum A, shall survive the termination of this Agreement.
As a potential crew member with SACC, I understand that I must accept this addendum and commit to signing a physical copy prior to working my first hour.