Terms & Conditions

This agreement is between registering customer, a licensed real estate agent with the State of Arizona, herein referred to as "Agent", and 316 Swag LLC, an Arizona Limited Liability Company, doing business as Real Estate Sign Setters. Our website and services are for use by licensed real estate agents with the State of Arizona. Disclosure: One partner of 316 Swag LLC is a licensed real estate agent in the State of Arizona.

Please read these Terms and Conditions carefully before using this website or our services.  Through your use of this website and services provided by Real Estate Sign Setters, you agree to be bound by and to comply with all Terms and Conditions. These Terms and Conditions may be modified at any time by Real Estate Sign Setters and will be posted on this website. All registered Agents will be notified by email of any terms & condition changes. It is the responsibility of the Agent to read the then most current version. 

Term

  1. Initial term for signpost lease is three (3) months. At end of initial term, this lease will automatically renew and revert to a monthly lease until cancelled by Agent. Signposts are leased to Agent for one listing property location per lease. Signpost leases are non-transferable to any other agent, broker, company, or location.

Penalties & Fees

Real Estate Sign Setters will accommodate your needs as much is possible. Any additional fees for services is listed herein and on our website. Pricing for services and fees may be updated from time to time at the sole discretion of Real Estate Sign Setters. All pricing changes will be emailed to website subscribers and posted on our website. Agent agrees to compensate Real Estate Sign Setters for any additional fees incurred by Agent in full within 5 business days of invoice.
 

  1. Stock Rider (6in x 24in): $3.00 with post lease installation. $3.00 plus trip charge thereafter.

  2. Flyer Box: $7.00 with post lease installation. $7.00 plus trip charge thereafter.

  3. Trip Charge: Based on current federal standard mileage rate per mile round trip.

  4. Penalty: Real Estate Sign Setters is unable to recover leased property. $25 plus trip charge applies

  5. Lost/Stolen Post: $75.00-$200.00

  6. Lost/Stolen Stake: $25.00

  7. Lost/Stolen Flyer Box: $20.00

  8. Lost/Stolen Sign Rider: $15.00

  9. Damaged Post: $25.00 - $200.00

  10. Storage of realtor 18in x 24in signs/6in x 24in riders: No Charge

 

Leased Property

  1. Sign will be placed as specifically instructed by Agent or, in absence of specific instructions or as Blue Stake utility markings permit in the best and safest possible location as determined by Real Estate Sign Setters.

  2. Real Estate Sign Setters retains ownership in their property including complete signposts with parts, metal stake, flyer box, hanging clips, rider mounts and sign riders, herein referred to as "leased property".

  3. Except for the lease under this agreement, nothing in this agreement will transfer any right, title, or interest in the leased property to Agent.

  4. Leased property is not to be moved or altered (i.e., flyer box, balloons, tape) by any individual not employed or authorized in writing by Real Estate Sign Setters, except for Agent to hang their sign rider on lease property with mounts provided for such installation. 

  5. The only acceptable brochure boxes to be mounted on the signpost are ones owned and installed by Real Estate Sign Setters. 

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Request for removal of signpost

  1. POST REMOVAL: Removal of post is included in post lease. Post removal must be ordered through our website. Post removal requests will not be accepted over the phone, or by text message. Upon post removal order by Agent, it is the Agent’s sole responsibility for assuring Real Estate Sign Setters has immediate unrestricted access to recover all leased property from original location installed. If such access is not provided and leased property is unrecoverable for any reason, a penalty fee will be imposed to Agent.

  2. Agent may choose for us to store their 18in x 24in hanging sign and 6in x 24in riders for future listings - AT NO CHARGE! There will be this option when cancelling post lease. All signpost removal requests must be made through our online system. Although Real Estate Sign Setters will make all reasonable efforts for the care of Agent’s signs while in storage, Real Estate Sign Setters assumes no responsibility for damage or loss of Agent’s signs while in our storage facility.

  3. KEEP IF FULL BOX SERVICE: Cancellation of recurring monthly flyer box refilling services must be done through our website. Cancellations will not be accepted over the phone, or by text message. Monthly services will not be prorated when cancelled prior to the end of the then current term.

 

Cancel Post Install Ordered

  1. We understand that last minute contract cancellations happen. You may cancel your paid signpost installation ONLINE up to 5pm (MST Arizona) the day prior to the scheduled install date and receive a full refund less processing fees. No refunds will be given for cancellations received after specified time herein.

Risk of Loss

  1. Agent shall bear all risk of loss or damage to the leased property from installation through removal of leased property.

 

Real Estate Sign Setters' Rights on Default.

  1. Agent will be considered in default of this agreement if Agent fails to pay any fees or other amounts due under this agreement within 5 business days after that fee or amount is presented for payment, or if Agent otherwise materially breaches this agreement, Real Estate Sign Setters may deem Agent in "Default" of this agreement, and so one or all of the following:

    • declare the entire amount of fees owed for the remainder of the Term immediately due and payable without notice or demand to Agent,

    • recover from Agent all lease fees and other payments, accrued at the time,

    • take possession of the leased property, without demand, notice, court order, or other process of Law, and without any liability to Agent for damages arising out of that taking,

    • terminate this agreement, or

    • pursue any other remedy at Law or in equity.

  2. Even if and after Real Estate Sign Setters repossesses leased property or takes other action under this section, Agent shall remain liable for the full performance of all its obligations under this agreement. 

  3. Real Estate Sign Setters' remedies under this section are cumulative and may be exercised concurrently or separately.

Surrender of Equipment. 

  1. On the expiration or termination of this agreement, Agent shall make available to Real Estate Sign Setters all leased property, and make it available for pickup in good condition, and working order, ordinary wear and tear from proper use excepted. Failure of securing leased property availability for pickup will result in additional fees as stated on the then current list of fees on this website. Such fees will be due and payable within 5 working days to Real Estate Sign Setters to remain in good standing.

 

Indemnification

  1. Agent will indemnify Real Estate Sign Setters and its collaborators, suppliers and licensors, and their officers, directors, agents, and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense arising out of or in connection with Agent's:

  • access to or use of the leased property or services or third-party content and services,

  • breach of this agreement,

  • violation of law,

  • negligence or willful misconduct, or

  • violation of the rights of a third party.

 

Notification of Claim.

  1. Agent will promptly notify Real Estate Sign Setters in writing of any third-party claim arising out of or in connection with Agent's access to or use of our services.

 

Limitations of Liability

  1. Agent acknowledges that Real Estate Sign Setters will not be liable for breach-of-contract damages that are remote or speculative or any losses or damages, whether indirect, incidental, special, or consequential, in profits, goods or services, irrespective of whether or not the Agent has been advised or otherwise might have anticipated the possibility of such loss or damage. 

Waiver of Claims.

  1. Agent hereby waives all claims against Real Estate Sign Setters, and its agents, advisors, employees, members, officers, directors, partners, trustees, beneficiaries, and shareholders, for damage to any property or injury to or death of any person in, on, or in connection with the leased property.