Freya Wilde Lease Agreement

LEASE PERIOD:

The Lease Period is one (1) year. This agreement shall automatically renew for another one (1) year term, unless either party provides written notice to the other of its intent to terminate this agreement not less than thirty (30) days before the end of the then current term.

Estimated Number of Rentals:

Freya Wilde will attempt to rent the dress five (5) times. The number of rentals may be more or less than five (5), depending on the ongoing condition of the dress.

RENTAL PRICE & DAMAGE PRICE: The rental fee, fee share, and damage price are specified in the contract emailed to you. The rental fee is shared after any applicable taxes and fees are deducted. If your dress is rented and comes back damaged beyond repair, you will be paid out the Damage Price.

EFFECTIVE DATE:

This agreement ("Agreement") is made between the Lessor specified above ("Lessor", "Supplier", "Individual", and Freya Wilde Dresses, LLC (the “Company”, “Lessee”) with an address at 6012 13th Ave South, Minneapolis, MN 55417, Lessor and Company are collectively referred to individually as “Party” or collectively as “Parties", and effective on the date the lessor submits the lease agreement form.

AGREEMENT:

1. DEFINITIONS

“Rental Price” is defined as the fee charged for renting the bridal dress.

“Total Damaged Price” is defined as the total compensation that Freya Wilde may provide to the Lessor in the event that the dress on loan is damaged beyond repair.

“Dress” is defined as the rental bridal dress, also known as wedding dress.

“Wedding Ready” is defined as a bridal dress that is clean, repaired and pressed.

2. GENERAL

Whereas, the Lessor is the supplier of the Dress set forth under the “Dress Description & Condition” section (the “Dress”);

Whereas, the Lessor wishes to retain the Company as its Lessee for the Dress on the terms set forth herein.

Whereas, the Company desires and is willing to rent the Dress.

NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the Parties agree as follows:

3. BOOKING: Lessor understands that if the Dress is not selected by Company that the Dress will be returned to the Lessor.

4. ASSESSMENT: Lessor agrees to provide access to the Dress for Company to view, assess and critique. This access includes the ability to photograph the Dress, use the photographs for Company’s own purposes and any other Company related matters. Lessor understands that Company will assign the Company’s tiered pricing system to the Dress. Lessor acknowledges Company will determine Company’s variable pricing of the Dress according to their specialized knowledge of the market and condition of the Dress.

5. VARIABLE PRICING SYSTEM: Lessor understands that Company may vary the pricing depending on the Dress. Lessor understands that Company at its sole discretion will assign a Rental Fee based on factors including but not limited to dress quality including materials and construction, market trends and popularity, consumer interest, and other factors.

6. COMPENSATION: After expenses (i.e. taxes and other operational related costs) are removed, Lessor and Company understand and accept the Parties will receive a percentage of the Rental Fee as specified in the contract. Applicable expenses include, but are not limited to, those laid out in the section entitled “Repairs & cleaning”. Lessor understands he or she has no claim to other compensation besides the Rental Fee.

7. DEPOSIT FEE: Lessor understands that Company will reserve a Deposit Fee from the Renter at the time the Renter signs the Customer Rental Agreement.

8. DAMAGE FEE: In the event the Dress should not be returned to the Lessor, Lessor will not hold Company liable for any and all loss of the Dress. Lessor will accept the Total Damaged Price as compensation and not the full payment to which the Lessor paid for the Dress.

9. CONSEQUENTIAL DAMAGES: Neither Party shall be liable to the other for special, indirect, or consequential damages resulting from or arising out of this Agreement, including, without limitation, loss of profit or business interruptions, without regard to the cause or causes thereof or the negligence, strict liability or other fault or responsibility of any Party or Parties or third persons; provided, however, that this waiver shall not apply with regard to claims of third parties or third persons for whom a party has agreed to indemnify the other under this Agreement.

10. ALTERATION SPECIFICATIONS: Lessor provides authority to Company to decide per individual dress, to perform the alterations necessary for Renter. Such alterations include, but are not limited to, shortening or lengthening the hemline and sleeves, bodice alterations, and adding or removing beadwork or embellishments.

11. MAINTENANCE: Lessor agrees to provide Company permission to perform the necessary acts to maintain the Dress’ wedding ready condition. In addition, Lessor shall release Company and all of Company’s vendor’s or network partners of any liability for, and shall protect, defend, indemnify, and save Company and all Company’s vendor’s or network partners harmless from and against all Claims without regard to the cause or causes thereof or the negligence, strict liability or other fault or responsibility of any Party or Parties or third persons, arising in connection on account of damage to the Dress or for any other purpose. In addition, Company is authorized to remove the Dress from selection if the Company believes the Dress is unrepairable or cannot be cleaned without Dress obtaining damage.

12. LEASE PERIOD: The Lease Period is one (1) year. This agreement shall automatically renew for another one (1) year term, unless either party provides written notice to the other of its intent to terminate this agreement not less than thirty (30) days before the end of the then current term.

13. RETURN POLICY: Lessor understands this is a lease agreement. Company has no intention to purchase the Dress. Company will contact the Lessor up to three (3) times each at the phone and email information provided by the Lessor to notify the Lessor of the end of lease term and to agree upon a pick-up location to return the Dress. It is the responsibility of the Lessor to notify the Company of any changes in contact information. Lessor will have the option to pick up the Dress at an agreed upon location between both parties after either the Dress completes the full number of rentals or is not booked by the end of the lease term. Company will hold the dress for up to three (3) months after the end of the lease term, and then may choose to donate or dispose of the dress in a method of the Company’s choosing if the Lessor does not respond to notifications by the Company or come to claim and pick up the dress.

14. USAGE: Lessor may not sell Dress until after Agreement ends. Neither may Lessor use images provided by Company or through Company’s website for personal or commercial use.

15. PHOTOGRAPHS: Lessor grants Company permission to use Lessor’s personal or commercial photographs of the Dress worn during wedding events in Company’s media channels.

16. GOVERNING LAW: The validity, interpretation and enforcement of this Agreement, or matters arising out of or relating to this Agreement, its making, performance or breach will be governed by the internal laws of the State of Minnesota, without reference to choose of law doctrine. The Parties hereby agree that any action arising out of this Agreement will be brought solely under the relevant courts located in any state or federal court located in Hennepin County. Both Parties hereby submit to the jurisdiction and venue of any such court.

17. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement of the Parties with respect to the subject matter hereof and supersedes any prior agreements, communications and understandings between the Parties, whether written or oral, relating hereto. No representation, inducement or promise has been made or relied upon by either party, unless expressly set forth in this Agreement.

18. AMENDMENTS: No change, modification, amendment, addition or termination of this Agreement or any part thereof shall be valid unless in writing and signed by an authorized representative of the party to be charged therewith.

19. NO ASSIGNMENT: Neither this Agreement nor any party’s rights and obligations hereunder may be assigned by either party without the prior written consent of the other parties. Any assignment without such consent shall be null and void.

20. FORCE MAJEURE: Neither party shall be liable for delay or failure in the performance of its obligations under this Agreement, except for the payment of money, if such delay or failure is caused by conditions beyond its reasonable control, including, but not limited to, fire, flood, inclement weather, accident, earthquakes, telecommunication line failures, electrical outages, network failures, acts of God, terrorism, civil commotion, or labor disputes. Each Party shall use reasonable efforts to notify the other party of the occurrence of such an event within five (5) business days of its occurrence.

21. SURVIVAL: The provisions of this Agreement which by their sense and context should survive any termination of expiration of this Agreement.

22. BINDING AGREEMENT: Without limiting the foregoing, this Agreement shall be binding upon the Parties hereto.

23. SEVERABILITY: Every provision of this Agreement is intended to be severable, and, if any term or provision of this Agreement is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity or legality of the remainder of this Agreement.

24. NO WAIVER; RIGHTS CUMULATIVE: No failure or delay by any Party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof unless in writing and signed by an authorized representative of such Party, nor shall any such waiver, failure or delay be deemed a continuing waiver by such Party in respect of any subsequent breach or default, either of similar or different nature, unless expressly so stated in writing. The rights and remedies of the Parties herein provided shall be cumulative and not exclusive of any rights or remedies provided by law or equity.

25. COUNTERPARTS: This Agreement may be executed in counterparts by facsimile or electronic transmission, each of which shall be deemed an original instrument, but all of which together shall constitute one and the same agreement.

Please email us at freyawildedresses@gmail.com if you would like an electronic copy of this agreement for your records. If Freya Wilde deems it necessary to change or update any of the information, we will email you an addendum, notifying you of any changes.