=======================================================================

MIDWEST SADDLESEAT CONSIGNMENT APPAREL

Consignment Agreement

This Consignment Agreement is entered into on _____________, 20___, by and between Midwest Saddleseat Consignment Apparel (“MSCA”) and ___________________________________ (“Consignor”), (Consignor and MSCA to be collectively referred to as “the parties”).

MSCA is in the business of selling saddleseat riding apparel on a consignment basis and the Consignor is the owner of certain saddleseat riding apparel (hereinafter referred to as “Items,”) as identified at Attachment A, and wishes for MSCA to consign and sell those items on Consignor’s behalf; and

In consideration of the mutual promises and covenants contained in this Agreement, the receipt and sufficiency of which is acknowledged, the parties hereby agree as follows:

1. Consignor is providing the Items described at Attachment A to MSCA to sell on a consignment basis.

2. MSCA will set the initial price of the Items and may discount the Items in any manner MSCA deems appropriate.  However, MSCA will work with the consignor to set the minimum amount of proceeds that Consignor must receive from each sale.

3. Consignor understands and agrees that MSCA will be entitled to 30% of the final sales price (excluding tax) of each item sold as compensation for MSCA’s efforts in selling the item(s).  Consignor therefore understands and agrees that he/she will in no event be entitled to more than 70% of the final sales price of each item. 

4. The initial consignment term shall be for six (6) months commencing on the date set forth above.  If Consignor wishes for an item to be returned prior to the expiration of this term, MSCA will return the item to Consignor provided that the item has not been purchased or put “on hold”.  Consignor is responsible for all shipping and insurance costs incurred in returning the Item to the consignor. 

5. Consignor is responsible for all shipping and insurance costs associated with sending or delivering the Items to MSCA.  Items must be clean (dry-cleaned) and in good repair before sending to MSCA for consignment.  MSCA reserves the right to refuse to consign Items that do not meet these requirements or for any other reason.

6. In the event the Item(s) has not sold at the expiration of the initial consignment term, MSCA will contact Consignor at __________________________________ (provide phone or email or both) to discuss the return of the Item(s) to Consignor, pricing adjustments or other options.  In the event Consignor elects to have the Item returned, Consignor is responsible for all shipping and insurance costs associated with the Item(s) return.  In the event MSCA is unable to reach Consignor via the method described above within 45 days of the consignment period expiration, the Item shall automatically become the sole property of MSCA and shall be donated and/or sold in the manner that MSCA deems appropriate and Consignor will receive no proceeds from the sale. 

7. On the 5th day of each month, MSCA prepares checks for Consignors whose Items sold during the previous month.  Checks will be addressed to the person listed above and sent to the address listed on this Agreement.

8. MSCA makes every effort to maintain all Items in clean, climate-controlled environments.  However, MSCA is not responsible for damage or destruction of Items due to theft, fire, or other reasons beyond MSCA’s control during the duration of this Agreement. 

9. This Consignment Agreement constitutes the entire agreement between the parties.  To the extent any clause within the agreement is deemed unenforceable, the remainder of the agreement shall remain intact and enforceable to the extent permitted by law.

10. This Agreement will be governed and interpreted according to the laws of the State of Iowa.

11. Failure to enforce any term of this contract does not result in a waiver of that term.

========================================================================