Upscale WeeSale Fall 2025 Agreement

As a condition of consigning items in The Upscale WeeSale Consignment Sale, I agree to the following terms and I understand that my consignor fee is non-refundable and non-transferable.

1. Communication Authorization

• By signing this agreement, I authorize The Upscale WeeSale to send text messages to my cell phone, understanding that standard text messaging rates will apply.

• I agree to check my email daily throughout sale week for important communications from the UPWS staff.

2. Liability Waiver

• I acknowledge that neither UPWS 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 where a UPWS sale occurs) shall be liable for any loss or damage to my items or for any personal injury, viral infection, or other damage to person or property.

• I agree to hold UPWS and all aforementioned parties harmless from any such claims and damages.

• I accept that UPWS is not responsible for lost, stolen, or damaged items brought to any UPWS sale event or location and will not assume liability for any personal property or equipment left at or about any such event or location.

3. Recall Responsibility

• I acknowledge that it is my sole responsibility to check for recalls on all toys, baby equipment, and items I am consigning.

• I verify that I have checked all my items for recall and none are the subject of any current, pending, or threatened recall notice according to the Consumer Products Safety Commission. Each item is in good operating condition and is not defective, broken, or damaged in any way. Any repaired item has been repaired by the original manufacturer or in accordance with the original manufacturer’s warranty program.

• I promise to search the CPSC website for recalls of any items that I am consigning.

4. Item Ownership and Condition

• I confirm that I am the owner of the items I am consigning and have full authority to sell them.

• I understand that The Upscale WeeSale is not responsible for loss by theft, fire, water, negligence in handling, or any other damage to my consigned items. All items are left at the owner’s risk.

• I understand that the consignor fee is non-refundable and non-transferable.

5. Compensation

• I understand that The Upscale WeeSale, LLC will pay me 65% of my total gross sales via EChecks within 7 days of the sale conclusion. 

6. Incomplete Items

• I understand that if any items are incomplete (such as puzzles, games.) and unusable, I will pay a $5.00 fine. After 3 strikes, I will not be able to consign with The Upscale WeeSale at future sales.

7. Compliance

• I agree to comply with the list of unacceptable items as per The Upscale WeeSale website and understand that items checked into the sale that do not meet criteria will be removed from the sales floor.

• I waive any and all claims for personal injury resulting from participation in the sale from whatever cause against The Upscale WeeSale, the lessors of the space where the sale is held, any volunteer or paid participants, or the insurer of The Upscale WeeSale, LLC.

• I understand that all items not picked up during the designated unsold item pickup window will be donated to a local charity.

8. Certification

• I certify that I have read and understand this agreement and agree to abide by its terms. Please type YES to confirm.

Updated: July 7, 2025