PARTIES:
This Franchise Agreement (the “Agreement”) is made and entered into by and between 9677089 USA Inc O/A Let’s Get Moving (the “Franchisor”) and the undersigned Franchisee (the “Franchisee”).
SCOPE OF SERVICES (the “Services”)
On the agreed moving date, the Franchisor will:
- Provide the Franchisee with the necessary equipment, packing supplies, and moving vehicles to perform the Services.
- Ensure that all items are packed and loaded appropriately to minimize any risk of damage during transit.
- Provide guidance on how to carefully load and unload items, ensuring all safety standards are followed (subject to the Waiver and Release of Liability Agreement to be signed by the Franchisee).
- Guide the Franchisee in unloading items at the destination(s) and ensure all is placed as requested.
- Provide support for reassembling any furniture or equipment disassembled for the move.
- Assist with unpacking boxes per customer instructions, as applicable.
- Provide waste management services, including the removal and disposal of all packing materials.
Franchisee Responsibilities:
- Ensure that the franchise location has the legal right to transport all items and execute the services outlined in the Agreement.
- Be present at the start of the move, ensuring all preparations are in place (15-30 minutes before the truck is unloaded, at which time payment is due).
- Ensure that all items not intended for transport are clearly marked or separated from the items for moving.
- Ensure that all walkways, driveways, and loading zones are clear of debris to allow smooth operations.
- Verify the inventory list provided before the start of the move to ensure accuracy.
DURATION OF SERVICES
The Services will commence on @JobDate (the “Service Commencement Date”). The Franchisee will be responsible for providing all necessary equipment, including vehicles and packing materials, to complete the move.
Services will be charged on an hourly basis. The exact duration of the services will depend on various factors and will be invoiced accordingly. All hourly charges are based on the Franchisee’s ability to complete the tasks efficiently, following Franchisor guidelines.
RATE OF SERVICE
The rate for Services under this Agreement will be the hourly rate outlined in the Franchisee’s pricing schedule, plus any additional fees for services outside the original scope of the Agreement (the “Service Fee”).
The Service Fee will include time spent from the beginning to the end of the service, including any waiting time incurred while awaiting access to locations or when delays are beyond the control of the Franchisee.
RETAINER/DEPOSIT PAYMENT
The Franchisee shall pay a deposit of $100 plus applicable taxes (the “Deposit”) prior to beginning the Services, on or before the date specified in the Franchisee’s invoice or as otherwise indicated in the Agreement.
In the event that the Services cannot be completed due to a fault of the Franchisor or through mutual agreement between the Franchisor and Franchisee, the Deposit will be refunded.
FINAL INVOICE AND ADDITIONAL FEES
Any additional fees resulting from unforeseen circumstances, changes in the scope of Services, or other client-specific requirements will be included in the final invoice.
The final invoice will be prepared and presented to the Franchisee approximately 30 minutes before the completion of Services. Payment of the final invoice is due immediately upon receipt and can be made via cash, debit/credit card, or e-transfer.
FRANCHISEE OBLIGATIONS
The Franchisee must ensure the Company has access to all required premises for both the origin and destination locations, as well as any third-party locations necessary for the completion of the Services. This includes securing any required clearances, insurance, service tickets, or permissions from other parties involved.
The Franchisee is responsible for any parking violations or fines incurred by the Company during the provision of services.
During the winter season, the Franchisee is responsible for ensuring that all pathways are clear of snow and ice to ensure safe operations. The Franchisee must ensure all pathways and areas are level and free of hazards.
The Franchisee guarantees that there will be no obstacles, stairways, floor gaps, or width restrictions that could impede the moving of items at any location.
The Franchisee acknowledges that they are solely responsible for ensuring all data, including any digital or electronic data, is backed up prior to the moving of any items containing such data.
The Franchisee or their authorized representative must be present at the location during the entire course of the Services.
LIABILITY/DAMAGE TO GOODS
The Franchisor shall not be liable for any delay, loss, or damage to a shipment caused by circumstances outlined in the Force Majeure clause of this Agreement. Under no circumstances shall the Franchisor, its employees, consultants, associates, officers, or directors be held responsible for any indirect, consequential, incidental, special, punitive, or exemplary damages arising from this Agreement.
In the event that the Franchisee’s goods or items are damaged as a result of the Franchisor’s fault during the provision of services, the value of such goods and items will be calculated at $0.60 per pound. The Franchisor will indemnify the Franchisee based on this calculation. The Franchisee acknowledges and agrees that the Franchisor will not be liable for any amount exceeding $0.60 per pound for any given articles or goods.
Any damage or loss resulting from the Franchisee’s actions or negligence shall not be compensated by the Franchisor.
I understand that the Franchisor will not be held liable for any damage to walls, ceilings, floors, or fixtures incurred during the provision of moving services. The Franchisor will take all reasonable precautions to protect items using materials such as quilted blankets, plastic shrink wrap, straps, etc., and will ensure that items are securely transported with care.
I further understand that the Franchisor will not be liable for damage to the following items:
- Marble, granite, china, ceramics, stoneware, lamps, particle board, pressed wood furnishings, Ikea or similarly constructed furnishings
- Printers, photocopiers, and contents of boxes packed by the Franchisee
The Franchisor reserves the right to refuse the transport of goods that are deemed hazardous, flammable, combustible, toxic, unsanitary, or pose a potential health and safety risk. The refusal to transport such goods does not affect the Franchisee’s obligation to pay for the moving services rendered.
The Franchisor shall not be responsible for any damage or loss of perishable items, food, plants, or pets. In cases where a complete set is damaged or lost, the Franchisor’s liability will be limited to the repair or recovery of the lost or damaged piece(s) of the set.
The Franchisor will not be held liable for the loss or damage of valuable personal items, including jewelry, artwork, cash, etc. The Franchisor’s services do not include the handling of valuable personal items.
At no point during the move shall the Franchisee or their representatives assist or interfere with the Franchisor’s employees. Any loss, injury, or damage resulting from the breach of this clause will be the sole responsibility of the Franchisee.
TIME LIMIT FOR CLAIMS
Any claims or complaints against the Franchisor must be filed within 14 days of delivery. Failure to file claims within 14 days of delivery (a) shall be considered the Franchisee’s conclusive admission that there was no issue with the Franchisor’s moving services (including but not limited to damage, performance issues, etc.) and (b) shall permanently bar any recovery for such claims, losses, or damages related to the moving services. Claims not filed or suits not instituted within the specified period will not be honored by the Franchisor.
NON-ROUTINE MOVING
The Franchisor will not be responsible for any damage resulting from non-routine moving, including but not limited to moving items in difficult or tight spaces, executing sharp turns, moving items over balconies, working in harsh weather conditions, or handling fragile or unique items that require special handling.
Additionally, the Franchisor will not be liable for damages to items that were not under the Franchisor’s control or possession, items packed by the Franchisee, improperly prepared items, unstable furniture, oversized items, or any other items requiring non-standard handling.
INDEMNIFICATION
The Franchisee agrees to defend, indemnify, and hold harmless the Franchisor and its representatives, agents, employees, subcontractors, officers, directors, and others from any claims, damages, losses, liabilities, settlements, judgments, costs, expenses (including but not limited to reasonable attorney’s fees), or other liabilities arising out of this Agreement.
SEVERABILITY AND INVALIDITY
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the validity of the remaining provisions will not be affected. Such provisions will remain binding and enforceable to the greatest extent permitted by law. Invalid provisions will be replaced with enforceable provisions that closely align with the intent of the original clause.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by the laws of the province where the services are provided.
DISPUTE RESOLUTION
Any dispute or claim arising out of or relating to this Agreement, including questions of its existence, interpretation, validity, breach, termination, or the business relationship it creates, shall be resolved through arbitration under the Canadian Arbitration Association Arbitration Rules.
FORCE MAJEURE
Except for payment obligations and indemnification provisions, the Franchisor will not be liable for any delay, damage, or failure caused by a Force Majeure Event. Force Majeure includes but is not limited to acts of God, fires, explosions, vandalism, storms, national emergencies, riots, strikes, work stoppages, labor shortages, and other causes beyond the control of the Franchisor, including road construction and accidents.
WAIT TIME
If access to the origin or destination premises is unavailable, or if the items are not ready for transport at the agreed-upon time, the Franchisee will be billed for any wait time until access is granted or items are ready for transport. Additional wait time will also be added to the total service time.
DEFAULT
If the Franchisee fails to make a payment due under this Agreement, the Franchisee will be in default. The Franchisor may suspend services until payment or dispute resolution is complete. If the Franchisee’s account is in default, they agree to pay all legal, collection, and office charges incurred by the Franchisor to collect any amounts owed, including any collection agency fees or attorney’s fees. Additionally, a 15% penalty fee will be added to any outstanding balance.
INJURIES
The Franchisor will not be liable for any injury, death, or damage that occurs during the provision of services.
COUNTERPART & E-EXECUTION CLAUSE
This Agreement may be signed in counterparts and transmitted via email or electronic signature platforms such as Eversign.
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Franchisor and the Franchisee regarding the subject matter herein, superseding all prior discussions, agreements, or understandings, whether written or oral.
