Moving Agreement

CLIENT SERVICES AGREEMENT

This Agreement (“Agreement”) is entered into as of the date set forth hereinafter, by and between Hoosier Buddy, LLC (“HB”) and ____________________________ (individually and collectively “Clients”).  Clients plan to move certain items from a Pick Up Address to a Destination Address (collectively “Move”). In consideration of the foregoing premises and the mutual promises and agreements set forth in this Agreement, the parties mutually agree as follows:

1. Subject Matter of Agreement. Clients is scheduling a move and HB provides local, long-distance, commercial, delivery, general moving labor, and other related moving services(collectively “Services”). Clients hereby engage HB, and HB agrees, to provide, pursuant to the terms and conditions of this Agreement, the Services  detailed in the attached Schedules (“Schedules”), and in exchange Client agrees to pay HB the Total Fee listed in the selected Schedules in accordance with the terms of this Agreement. Clients have reviewed the attached Schedules and have signed the selected Schedules and initialed next to any selected a la carte items to be included. The Schedules are to be considered part of this Agreement and incorporated by reference. This Agreement shall commence on the date it is signed and, unless sooner postponed or terminated, shall continue until the move has occurred and HB shall have performed the Services.
   
   
2. Move. The Move shall be construed as the delivery of the Inventory from the Pick Up Address to the Destination Address on the date provided in the Schedules.
   
   
3. HB’s Responsibilities.
   
   a. HB shall devote its time and resources in a reasonable, professional, and timely manner towards providing and performing the Services set forth in Schedule A.  HB’s performance of the Services shall be in accordance with professional industry standards and practices applicable to the performance of each service.
   
   b. HB reserves the right to use subcontractors or independent contractors in performing under this Agreement.
   
   
4. Client’s Responsibilities.
   
   
   a. Clients agrees to fully, accurately, and comprehensively provide a completed Schedule B which is a detailed list of all the items to be moved, a detailed description of their condition, their dimensions, their location at the Pick Up Address, and the location to be moved to at the Destination Address. Client shall inform HB about the presence of fragile items and any specialized or oversized items, including but not limited to large safes, pianos, major appliances, and pool tables.

    

   b. HB shall only be responsible for providing the Services selected in the Schedules. Clients must provide all other items, packaging, services, and take such other actions, as may be required to support or implement the Move that is the subject of this Agreement.  

    

   c. Clients shall ensure that the Pick Up Address, the Destination Address, and the Inventory of items being moved are all reasonably safe from any and all dangers. This includes, but is not limited to, free from animals/pets; a structurally sound,sanitary, and secure premises free from clutter, spills, trip hazards, bed bugs, roaches, mold, or other unhygienic/unsanitary conditions; no illegal, dangerous, or hazardous materials or items of any type; or any other unsafe conditions or circumstances that pose a risk to the safety of HB’s personnel or equipment during the Move.

    

   d. Clients shall ensure that all items on the Inventory are properly packaged, prepared,padded, labeled, disassembled, wrapped, and secured; and that such packaging and containers are sufficiently sturdy to support the weight of the items therein throughout the entire Move. Client shall ensure dressers, drawers, and other such furnishings are empty prior to the Move. All items, especially fragile or loose items, must be labeled and padded appropriately.

    

   e. Clients shall ensure and are responsible for providing HB with access to any and all areas, including but not limited to access codes, keys, freight elevators, and loading docks.

    

   f. Clients shall secure all necessary permits and permissions related to parking, loading, and unloading at each address.

    

   g. Clients shall ensure that all items on the Inventory can be easily moved through a direct and accessible path with sufficient clearance to allow HB to perform its services without impediment. Sufficient clearance will, at a minimum, constitute six inches (6” in.) on all sides from the nearest wall, obstacle, or other impediment.
   
   
5. Fees and Payment.
   
   a. For the commitment made and the services performed by HB, Clients jointly and severally agree to pay HB the fees set forth in the Schedules as follows:
   
   
   • A down payment (“Down Payment”) equal to sixty dollars ($60.00) for Moves less than fifty miles or equal to one hundred dollars ($100.00) for Long Moves greater than fifty miles is required at the time of signing this Agreement which payment is non-refundable, because of HB’s internal planning allocation of its resources for Clients (that occurs upon receipt of this payment) and the consequent opportunity cost of such internal planning allocation. 
   • The final invoice (“Final Invoice”) of the outstanding amount contained in the Schedules is required to be paid immediately upon completion of the Move. 
   • Any “A La Carte Fees” designated on the Schedules are payable immediately upon completion of the Move. 
   • Any subsequent changes to the Schedules added less than forty eight (48) hours prior to the Move shall be due immediately upon HB’s tendering of an invoice to Clients. There shall be no refunds for any subsequent additional Services omitted or cancelled less than forty eight (48) hours prior to the Move. 
   • HB does not expect to incur, nor is it obligated to incur, out-of-pocket expenses on behalf of Clients. To the extent such out-of-pocket expenses are in fact incurred by HB, Clients agree to reimburse HB for such expenses; provided such reimbursement shall not exceed one hundred dollars ($100.00) without Clients’ written pre-approval.  Any such reimbursement shall be payable within ten (10) days after receipt of an invoice from HB. 
   • Payments shall be made via cash, credit card (Visa, MasterCard & American Express), check, or money order. There shall be a fifty-dollar ($50.00) fee for any returned checks. 
   • Clients shall promptly pay HB the amounts when due. Any payment made early shall be deemed earned when invoiced. Clients shall pay a finance charge of eight percent (8.00%) per month on the balance of any amounts not paid when due. 
   • Unless agreed upon in writing the total fee due HB may not be decreased from the total fee in the initial Schedules. 
   
   
   
6. Postponement. If Clients desire to reschedule the Move to a different date(s), Clients shall promptly notify HB, in writing, as soon as is reasonably possible, along with the desired date(s) for the rescheduled Move.  HB shall use its reasonable efforts to accommodate such request subject to its schedule and other commitments, provided that HB retains the right, in its sole discretion, to determine whether it is able to reasonably accommodate such requested reschedule date(s).  Further, HB reserves the right to make an adjustment in its fees to be charged Clients as a condition of its agreement to reschedule the Move.  If HB and Clients cannot agree to reschedule the Move, this Agreement shall Terminate for Cause by Clients as set forth below.
   
   
7. Claims Process. Client shall report any damaged or lost items from the Inventory along with supporting evidence, photographs, or other documentation prior to signing the Acceptance of Delivery. Client agrees to allow HB for a period of thirty (30) days to inspect any allegedly damaged items and attempt to cure any damages or missing items. 
   
   
8. Termination.
   
   
   a. Termination for Cause. If either party shall, at any time, materially breach any obligation under this Agreement, and such breach shall not be cured within ten (10) business days after written notice specifying the nature of the breach from the non-breaching party, the non-breaching party may terminate this Agreement upon written notice to the breaching party.
   
   i. Upon a Termination caused by HB, Clients shall have no obligation to pay any additional amount; however, HB shall be entitled to retain the Down Payment and the Final Invoice amount if such amount has already been paid.
   
   ii. Upon a Termination caused by Clients, Clients shall be obligated to pay to HB all the remaining balance of any fees set forth in this Agreement and the Schedules that have not already been paid and Clients shall not be entitled to a refund of any amounts already paid to HB.
   
   iii. Cause. Cause shall include but not be limited to the following, which shall be interpreted as broadly as possible: breach of any material term of this Agreement; cancellation within forty eight (48) hours of the Movedate; if the Move does not occur for any reason on the scheduled date; failure to pay any fee due; violence or threatened violence; threats or threatening behavior; the use of abusive, aggressive, obnoxious, rude, or vulgar language; harassment; lying or dishonest conduct; excessively high maintenance needs/desires to the point that such demands materially and adversely affecting the other parties ability to perform under the Agreement; falsifying records; the commission of a crime; intentional and material damage to property; theft or misappropriation of property; willful failure of the party to perform substantially the party’s duties other than due to health reasons; engaging in gross misconduct; or engaging in discrimination. Cause shall not be limited to Clients but shall also superficially include, but not be limited to, Clients’ family members, guests, invitees, and vendors. Clients’ dissatisfaction with the exercise of HB’s Services, judgment, or ability does not equate to a breach of this Agreement by HB.

    

   b. Termination without Cause. Either party may terminate this Agreement, without cause, at any time upon forty eight hours (48) notice to the other party provided that the forty eight (48) hours notice expires at least forty eight (48) hours before the Move. If the Agreement is terminated under this provision, HB is entitled to reasonable compensation for time spent and reimbursement for expenses incurred in performance of the Services required by this Agreement in addition to retaining the Down Payment and Final Invoice if such amount has already been invoiced.

    

   c. The exercise of any right of termination shall not constitute a waiver of any other rights or remedies available to either party for violation of the terms of this Agreement or under applicable law.  

    

   d. Force Majeure.  Neither party shall be responsible for any failure to comply with, or for any delay in performance of, the terms of this Agreement, including, but not limited to, delays in completion of the services, where such failure or delay is directly or indirectly caused by or results from events of force majeure beyond the reasonable control of such party including, but not limited to, acts of God (such as natural disasters), fire, Government restrictions (including the denial or cancellation of any export or other necessary license), drought, wars, insurrections, any public health crisis, national pandemic, or any other type of infectious disease, and/or any other cause beyond the reasonable control of the party whose performance is affected.
   
   
9. Confidentiality. HB owns, possesses or controls certain trade secrets, proprietary techniques, and other confidential information or documents acquired through the expenditure of time, effort and money, of a technical, business, and artistic nature, including, but not limited to, proposals, invoices, design renderings, schematics, planning documents, brand specifications, creative content, instructional documents, pricing, ideas, concepts, business plans, inventions, discoveries, formulae, processes, designs, specifications, drawings, prototypes, samples, improvements, developments, applications, engineering data, manufacturing data, marketing data, customer and investor names, trademarks, trade names, and the terms of this Agreement (collectively “Confidential Information”). Clients agree to use all best efforts to protect HB’s interest in the Confidential Information and keep it strictly confidential. This includes a covenant to not directly or indirectly disclose, allow access to, transmit, or transfer the Confidential Information to any third party without HB’s prior written consent.
   
   
10. Limitation of Liability. Clients agree that, to the fullest extent permitted by law, HB’s liability to Clients, Clients’ guests, invitees, family members, vendors, and any other party, in any way arising out of or related even incidentally to this Agreement for any damages, losses, claims, costs and expenses, regardless of the legal theory or nature of claim (including, but not limited to negligence, strict liability, tort, or any other theory of liability) shall not exceed the amount of fees actually paid for any specific service or product to HB under this Agreement.  Further, Clients agree that HB shall not be liable to Clients for any special, incidental, emotional distress, mental anguish, lost profit, loss of enjoyment, lost revenues, replacement costs, compensatory, consequential, or punitive damages whatsoever, even if foreseeable and/or arising from any negligent act or omission on the part of any person. HB’s employees, agents, shareholders, officers, directors, members and/or managers shall not in any manner be personally liable for any acts or omissions and Clients hereby waive any rights to seek relief from any such individuals. HB is not responsible for any product defects or imperfect resources or supplies purchased at the request of Clients that may negatively impact or affect the Move, and Clients waive any right to pursue any claim or cause of action against HB for such. HB is not responsible for any items lost, stolen or damaged during the Move that are not reported on the Acceptance of Delivery, including, but not limited to, personal property of Clients. HB is not responsible for any property damage, and décor, and Clients agree to hold HB harmless for any such loss or damage.
    
    
11. Indemnity. Clients agree to indemnify, defend and hold harmless HB and its employees, agents, attorneys, independent contractors, officers, directors, members, and managers for any injury, property damage, liability, claim or other cause of action arising out of or related to the acts or omissions of Clients, Clients’ employees, Clients’ guests, or Clients’ invitees.
    
    
12. Severability.  The provisions of this Agreement shall be severable and, if any provision of this Agreement shall be held or declared to be illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect any other provision of this Agreement, and the remainder of this Agreement, disregarding such invalid portion, shall continue in full force and effect as though such void provision had not been contained herein.
    
    
13. Notices. All notices, requests, and other communications under this Agreement shall be in writing and shall be deemed to have been given when delivered by hand (with written confirmation of receipt); when sent by facsimile or e-mail (with confirmation of transmission); when sent by text message; or when mailed by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the Clients and HB, at the following contact points (or at such other contact point for a party as shall be specified in a notice given in accordance with this notice provision).
    
    

    Hoosier Buddy, LLC

    _____________________________​​​​

    Indianapolis, IN 46205​​​​

    (219) 413-8369​​​

    support@hoosierbuddy.com

    Clients:_____________________________​​​

    Address:____________________________

    Email:______________________________

    Phone: ______________________________

    
    
    
14. Waiver.  No provision of this Agreement shall be deemed waived, unless such waiver shall be in writing and signed by the party against which the waiver is sought to be enforced.  The waiver by either of the parties hereto of any breach of any provision hereof by the other party shall not be construed to be either a waiver of any succeeding breach of any such provision or a waiver of the provision itself. 
    
    
15. Amendment. This Agreement and the Proposal may not be amended, changed, or modified in any manner except by an instrument in writing signed by each of the parties.  All agreed-to amendments, changes, or modifications shall be attached to this Agreement and shall become a part of this Agreement. HB shall inform Clients in the agreed upon writing if such amendment, change, or modification would result in additional costs to Clients or in a change in the implementation schedule for the services to be performed, giving reasonable details about such cost or timing changes.
    
    
16. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous written or oral understandings and agreements with respect to such subject matter. 
    
    
17. Governing Law. This Agreement shall be in all respects interpreted and construed in accordance with and be governed by the laws of the State of Indiana, without regard to its conflict of laws principles. 
    
    
18. Attorney Fees. Each party shall be entitled to enforce this Agreement in accordance with its terms. If, in the event, a party is required to initiate legal action to enforce the terms of this Agreement, the prevailing party or parties shall be entitled to recover their reasonable attorney’s fees and costs from the non-prevailing party or parties. 
    
    
19. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration in Indianapolis, IN, or such other mutually agreed upon site in accordance with the commercial rules of the American Arbitration Association then in force, which rules are deemed to be incorporated by reference in this Section, and the judgment upon the award rendered by the arbitrators or arbitrator shall be final and binding upon both parties, shall not be appealable, and shall be enforceable in any court of competent jurisdiction.  
    
    
20. Binding Effect.  This Agreement shall be binding upon and inure to the benefit of the parties, and their respective heirs, representatives, successors, and assigns. 
    
    
21. Headings.  The captions in this Agreement are for convenience of reference only and shall not define or limit any of the terms or provisions hereof.
     
22. Counterparts.  This Agreement may be signed in any number of counterparts, and by any party on separate counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.  The signature by a party of this Agreement and electronic delivery of a signature page by e-mail to the other parties shall constitute execution and delivery of this Agreement for all purposes by such party. To memorialize their understanding and agreement, HB and the Clients have signed this Agreement. 
    
    

    Hoosier Buddy, LLC

    HB: _______________________________
    Date: ________________________________
    Printed: _____________________________
    
    Client
    
    Clients: _____________________________ 
    Date: _____________________________ 
    Printed: _____________________________ 

 

SCHEDULE A 

 

Client's Name(s): _______________________________________________________________ 

 

Pick Up Address: _______________________________________________________________ 

 

Destination Address: ____________________________________________________________ 
 

Customer's Current Mailing Address: Pick Up Address Destination Address 

 

Other: ________________________________________________________________________ 

 

Customer’s Additional Addresses: [Multiple Stops, Storage Unit, etc] 

 

______________________________ _________________________________ 

______________________________ _________________________________ 

______________________________ _________________________________ 

 

Customer's Phone Number: ______________________________ 
 

Customer's Email Address: ______________________________ 

 

Clients hereby agree to pay HB One Hundred Thirty dollars per hour ($130.00/hr) for any and all time spent in any fashion on the Move. This time starts upon arrival at the Pick Up Address and ends upon departure from the Destination Address. HB bills its time in increments of tenths of an hour (six minute intervals). 

There is a minimum charge time of Two (2) hours for any and all moves. It is often impossible to quote a reasonable estimate of total fees.  The complexity of the Move is often further complicated by the unique nature of the items to be moved.  HB cannot indicate in advance the total fees and expenses that will be paid and makes no warranties as to the total fees required to complete the Move.  HB is happy to discuss the generalized scope of the fees at your request.   

 

Clients: 

Clients: _____________________________

Printed: _____________________________

Date: ______________________________ 

Clients: _____________________________ 

Printed: _____________________________ 

 

 

Terms of Service

Privacy Policy

Insurance Disclosure Statement

Cancellation and Rescheduling Policy