Trend Exchange Terms and Conditions
These terms and conditions create a contract (the “Agreement”) between you (“Person Renting a Booth”) and Trend Exchange, LLC, a Utah limited liability company, and/or any of its franchisees (“Trend Exchange”), (collectively the “Parties”).
AGREEMENT
Agreement: This Agreement governs Person Renting a Booth’s use of Trend Exchange's services and property resulting from Person Renting a Booth’s rental of a booth at any of Trend Exchange's locations.
Booth Rental Period: The Person Renting a Booth may house their items at Trend Exchange for a period of one (1) week at a time, which shall run from the respective Saturday at 8:00 a.m. to the following Friday, at 7:00 p.m. (the “Booth Rental Period”). Person Renting a Booth must show up between 8am and 10am on Saturday and set up their booth to begin their Booth Rental Period. If Person Renting a Booth does not show up and set up their booth and has not contacted the store by end of day Saturday, Trend Exchange reserves the right to book a new Person Renting a Booth in the booth for the remainder of the week, with no compensation given to the original Person Renting a Booth.
Duration of Agreement: This Agreement shall govern the entire duration of time during which Person Renting a Booth’s items are housed by Trend Exchange.
Booth Assignments: Trend Exchange will assign booth number(s) for your use within 2 business days of accepting this agreement. While we strive to maintain consistent booth assignments, we cannot guarantee the same booth(s) for subsequent Booth Rental Periods.
Preparing for Booth Rental: Trend Exchange will provide the Person Renting a Booth with a ‘Booth
Setup Kit’ which includes item labeling supplies, however, it is the sole responsibility of the Person Renting a Booth to correctly and accurately label their items with a Booth#, and Price – as well as an Item # if desired. Trend Exchange can only pay commissions on properly labeled items, if you accidentally write another booth number on your tag, that Booth #’s renter will receive the payout for the item.
Item Tracking: Trend Exchange provides the Person Renting a Booth with the option to label their inventory with an item # and therefore track their items sold. Person Renting a Booth must accurately fill out the form located at https://www.trendexchangeutah.com/track-my-items. Person Renting a Booth understands that the answers on this form must match the physical tags placed on the Person Renting a Booth’s items or the reporting will be inaccurate. Person Renting a Booth accepts all responsibility for any inaccuracies in Item Tracking.
Booth Setup: Person Renting a Booth must set up their assigned booth(s) on the first day of the Booth Rental Period, which is the Saturday of their Booth Rental Period, between 8 a.m and 10 a.m. local time.
Discount Days: Person Renting a Booth may request that their items be discounted at various days of the week by filling out the form found at https://www.trendexchangeutah.com/discount-my-booth before Tuesday of their Booth Rental Period. Person Renting a Booth understands that if they do not fill out this form before Tuesday of their Booth Rental Period, the discounts may not be applied. Trend Exchange will make every effort to apply these discounts but cannot guarantee it. Person Renting a Booth understands that some discounts may be missed and absolves Trend Exchange and its employees from any responsibility of any negative effects caused by this.
Booth Take Down: Person Renting a Booth must remove all their inventory items on the last day of the Booth Rental Period, which is the Friday, between 7 p.m. and 8:30 p.m. If Person Renting a Booth fails to take down the assigned booth during this period, Trend Exchange will assess a $20 Take Down Fee. If Person Renting a Booth fails to retrieve their inventory items by the following Friday at 8 p.m., ownership and title of the unclaimed items shall transfer to Trend Exchange, which may dispose of such items at its sole discretion. Person renting a booth also forfeits any and all commission payouts if they do not pickup their items within this time frame.
Commission Payouts: On net sales of Person Renting a Booth’s inventory items, Trend Exchange agrees to pay Person Renting a Booth 66.4% commission (the “Booth Rental Commission”) minus credit card processing fees. Trend Exchange reserves the right to alter the Booth Rental Fee at any time and any such alteration will be reflected on Trend Exchange’s website. The net sales amount of the Person Renting a Booth’s inventory items sold multiplied by the Booth Rental Commission, less any Fees as applicable, will be paid to Person Renting a Booth via Venmo within 5 business days of the end of this agreement.
Payout Method: Commission payouts will be done via Venmo. The Person Renting a Booth takes on full responsibility to correctly provide their Venmo handle when registering. The Person Renting a Booth waives any right to demand payment if they have not provided Trend Exchange their correct Venmo handle and Trend Exchange pays the wrong person because of the Person Renting a Booth’s mistake. If the correct Venmo handle WAS provided and the mistake is made by Trend Exchange – then the commission will be paid out again to the correct Venmo account.
Fees Applicable: Applicable fees include, but are not limited to: Credit Card Processing Fees, Fees for not taking down booth at assigned time, fees for not showing up on Booth Setup Day, fees for damaging/breaking/not returning items in your booth set up kit etc.
Item Labeling Supplies: The Person Renting a Booth agrees that a $5 dollar Fee will be taken out of payout to subsidize Item Labeling Supply costs. The Person Renting a Booth understands that the amount of Item Labeling Supplies used will not impact this Fee, even if Person Renting a Booth does not use any of the Item Labeling Supplies provided by Trend Exchange.
Risk Free Booking: Trend Exchange offers payout up to the amount the Person Renting a Booth paid for their booking if the Booth Rental Commission is less than what the Person Renting a Booth paid for the booking, if the following criteria are met: (1) Person Renting a Booth setup booth between 8am and 10am on the first day of the Booth Rental Period; (2) Person Renting a Booth applies at least a 50% discount on their booth no later than Thursday during their Booth Rental Period; (3) Person Renting a Booth has filled out their item Sheet as part of their booth set up process (4) Person Renting a Booth provided at least 25 items to sell and (5) Person Renting a Booth takes down booth between 7pm and 8:30pm at the end of their Booth Rental Period.
Missing or Damaged Items: Trend Exchange will take all reasonable steps to safeguard Person Renting a Booth’s inventory items, however Person Renting a Booth indemnifies Trend Exchange for any lost, stolen, damaged or missing inventory items. Person Renting a Booth assumes all risks of the Booth Rental and agrees to not hold Trend Exchange liable in any way for loss associated with this Booth Rental. No other warranty is valid, except as given in writing.
Condition of Acceptable Items: Person Renting a Booth agrees that all inventory items must be in new or like-new condition. Any items with odors, stains, tears, fading, broken zippers, missing or broken buttons, not in working order, or similar issues are not acceptable and will be taken down and discarded at Trend Exchange’s reasonable discretion.
Cancellations/Rescheduling: Person Renting a Booth can reschedule at no cost if their Booth Rental is rescheduled by Wednesday at 7pm local time prior to their booking. Starting Thursday before their rental period, reschedules will be assessed a $25 fee per booth. Booth bookings are non-refundable. If a Person Renting a Booth does not set up Saturday morning and does not respond to our attempts to reach out and see if they are still planning on setting up during their rental week by Saturday evening, Trend Exchange reserves the right to sell their booth to another Person that rental period.
Ownership of Items: The Person Renting a Booth warrants that he/she/they is/are the lawful owner(s) of the inventory items and voluntarily consigns them to Trend Exchange pursuant to the terms of this Agreement.
Store closures during Booth Rental Period: Trend Exchange has the right to close for any reason at any time for reasons including but not limited to: Acts of God, inclement weather, shortage of staff, electrical, power or internet failure, etc., and shall not be liable for additional compensation to Person Renting a Booths.
Severability: If any provision/s of this Agreement is/are found by a court to be invalid, illegal, or unenforceable in any respect, this not affect the validity of the remainder of this Agreement, which shall remain in full force and effect and continue to be binding on the Parties.
No Waiver: Trend Exchange’s failure to insist in any one or more cases upon the performance of any provision of this Agreement or to enforce any term of this Agreement shall not constitute waiver of this Agreement or any of its terms.
Governing Law and Venue: Any dispute arising from this Agreement or the relationship between the Parties as a result of this Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to conflicts of law principles. In the event any party to this Agreement must initiate any action or proceeding against another party pursuant to the terms of this Agreement, such action must be brought exclusively in any court of competent jurisdiction in Salt Lake County, Utah.
Attorneys’ Fees and Costs: In the event Trend Exchange is required to enforce this Agreement in any forum, formal or informal, Person Renting a Booth agrees to pay Trend Exchange’s costs and expenses, including reasonable attorneys’ fees, required to be incurred by Person Renting a Booth’s breach of this Agreement.
Entire Agreement: This Agreement constitutes the entire agreement and understanding between the Parties regarding the matters contained herein and supersedes any other agreements and understandings between the parties, whether oral or written.
Trend Exchange reserves the right, at its sole discretion, to modify or replace these Terms and Conditions at any time.
Last updated March 20, 2023