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The Sign & Post Company, Inc., A California corporation, herein referred to as "Sign &
Post" agrees to provide __________________________________herein referred to as
"Advertiser", installation and removal of "For Sale" and other advertising signs, at
Advertiser specified locations, subject to the following terms and conditions:
ARTICLE 1 - Sign & Post Responsibilities
Sign & Post Standard Services Include:
-Prompt installation and removal of signs, usually within (2) working days, excluding
Sundays, holidays, or very inclement weather.
-Professional service using only quality materials and workmanship.
-Storage and protection at Sign & Post warehouse for all "For Sale" signs not then in use.
-Itemized monthly summary report and statement setting forth the details of all account
activity for the month.
-Sign placement as specifically instructed by Advertiser, or, in the absence of specific
instructions, placement in the best possible location as determined by Sign & Post at the
time of installation.
-Supply of all________________(color) wooden posts and necessary connection
-Prompt repair by Sign & Post of any damage to pipes or sprinklers resulting from
installation from Sign & Post.
-Reasonable efforts to recover Advertiser owned signs when removing posts from
installation sites. Sign & Post will not be responsible for the loss, damage, misplacement
or return of Advertiser's signs or riders after the initial placement of post.
-Sign & Post shall not be liable for loss or non-recovery of "for sale", "agent name",
"sold" , or other signs after placement on property, or for property placed on post by
agents after placement. Any riders on signs must be removed by Advertiser before
removal of sign post.
-Prior notification requesting Advertiser's assistance in locating any posts not at the
installation site at the time of attempted removal prior to charging Advertiser for lost post
ARTICLE 2-Advertiser Responsibilities
Advertiser agrees to:
-Keep detailed records (log sheet enclosed) of all verbal correspondence specifically
recording the date, contact, and verification number associated with the order.
-Refer to verification number for subsequent request for removals, resets, sign changes,
-Obtain owner and tenant installation approvals prior to requesting service from Sign &
-Assist Sign & Post in recovering signs and posts from properties when locked in garage
or behind house as requested by Sign & Post.
-Keep on hand at Sign & Post, a minimum of 12 signs for placement on properties. Any
accounts dropping below the minimum will be subject to charges for picking up
additional signs at offices, or properties for placement on installations.
-Advertiser will be responsible for all repair and replacement cost to sign posts on
advertised sites caused by theft or vandalism-repairs / replacements done at Advertiser's
-Provide accurate installation including complete street number and name, city ZIP code,
nearest cross street and map coordinate (Thomas Bros. Maps).
-Provide details as to the desired location of the post on the property. Not otherwise
stated Sign & Post will use its best discretion. Any subsequent relocations will be subject
-Make prompt payment of all charges for services as outlined in Exhibit A, attached to,
and made a part of this agreement. Monthly statements are due and payable upon receipt.
Service will be interrupted and a service chare of 1 ½% per month will be added to all
statements not paid within 30 days from the date due. Any statements not paid within 45
days will result in all installations being removed and the account terminated. Any
discrepancies regarding billing must be addressed within 30 days of date of invoice. Not
hearing otherwise, the bill will be payable as stated.
-Report any problem associated with an installation within three (3) working days of
placement. After such time, installations will be considered proper and will be charged
Section 3.1 Advertiser agrees, in consideration of the capital expenditures required of
Sign & Post, that the exclusive right to perform the services described herein shall be
granted to Sign & Post for a period of six (6) months commencing of
___________(Date). Thereafter, this shall renew automatically on the same terms and
conditions for successive thirty (30) day periods until terminated by either party pursuant
to the terms of this agreement.
Section 3.2 While this agreement is in force, Advertiser may not grant the right to
perform sign services to any other such company or similar service company. Advertiser
may, however, install its own signs.
Section 3.3 Following the original six (6) month term, this agreement may be canceled by
either party upon thirty (30) days prior written notice, with or without cause. In the event
that orders are not placed through Sign & Post, and the orders are installed by person(s)
other than Advertiser during the contract, or cancellation period, Sign & Post may
recover damages fro loss of revenues during this period.
Section 3.4 In the event of termination of this agreement, the right of Advertisers use of
Sign & Post services ceases immediately and all posts and signs may be recovered by
Sign & Post. However, upon receipt of the current lost post fee for each installation
remaining in the field after the effective date of termination, Sign & Post may, at its sole
discretion, elect to leave Advertiser's remaining inventory installed until such time as
Advertiser requests removal. Upon Advertiser's notification to remove and the successful
recovery by Sign & Post of Advertiser's entire inventory, Sign & Post shall return all
deposits posted by Advertiser for each post and sign recovered after termination.
Section 3.5 Upon Advertiser's payment in full to Sign & Post of all charges for services
outstanding at the time of termination of service, Sign & Post agrees to
return all Advertiser-owned signs in Sign & Post's possession to Advertiser.
ARTICLE 4, General Provisions
Section 4.1 The covenants herein contained shall apply to and bind the heirs, successors,
executors, and administrators of all parties herefor.
Section 4.2 Either party may terminate this agreement in the event of a violation of any
material provision of this agreement by the other party.
Section 4.3 The prevailing party shall be entitled to recover from the other party its costs
and attorneys fees incurred in any action brought by either party to enforce the terms of
this agreement or any event related thereto.
Section 4.4 No failure by either party to insist upon the strict performance by the other of
any covenant, term, or condition of this agreement, or to exercise any right or remedy
consequent upon a breach thereof, shall constitute a waiver of any such breach or of such
covenant, term or condition.
Section 4.5 Time is of the essence of this agreement and of each provision.
Section 4.6 This contract contains the entire agreement of the parties with respect to the
matters covered by this contract, and no other agreement statement, or promise made by
any party, or to any employee, officer, or agent of either party, which is not contained in
this contract shall be binding or valid.
Section 4.7 If any term, covenant, condition, or provision of this contract is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions shall remain in full force and effect and shall in no way be affected, impaired
Section 4.8 The captions of the articles, sections, and paragraphs of this contract are for
convenience and reference only, and the words contained therein shall in no way be held
to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the
provisions of this agreement.
Section 4.9 all references to the term of this contract shall include any extensions of such
Section 4.10 This contract is not subject to modification, except in writing.
Section 4.11 All requests from one party to another may be personally delivered or sent
by mail, certified or registered, postage prepaid, to the address stated in this section, and
shall be deemed to have been given at the time of personal delivery or at the time of
THE SIGN & POST COMPANY, INC. _______________________________
30965 SAN BENITO COURT ___________________________________
HAYWARD, CA 94544 ___________________________________
Section 4.12 The terms of this agreement shall be deemed accepted or ratified by
placement of an installation order subsequent to this notification, or by proper
subscription by the parties or both.
Signed at ______________, CA this _____________day of______________,
20_______, by and between:
SIGN & POST COMPANY, INC. ________________________
By: _____________________________ By: _______________________
Authorized Representative Authorized Representative