INDEMNIFICATION, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND HOLD HARMLESS AGREEMENT
Client Authority
The Client represents and warrants that they are the lawful owner of the property and personal property covered by this Agreement, or have full legal authority to enter into this Agreement and authorize the sale, auction, removal, handling, transportation, advertising, marketing, or disposition of such property. The Client further represents that all items offered for sale are free of undisclosed liens, security interests, claims of ownership, or other encumbrances that would prevent their lawful sale.
The Client agrees to defend, indemnify, and hold harmless Tyler Grace Auctions, A to Z Estate Sales, their owners, officers, members, managers, employees, auctioneers, contractors, agents, representatives, successors, and assigns (collectively, the "Released Parties") from and against any and all claims, demands, lawsuits, causes of action, liabilities, damages, judgments, settlements, fines, penalties, losses, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or relating to:
ownership, title, or authority to sell any item;
disputes among heirs, beneficiaries, executors, administrators, trustees, creditors, lienholders, family members, spouses, tenants, roommates, or any third party;
allegations that property was sold without proper authority;
breach of the Client's representations or obligations under this Agreement;
the condition of the property or premises;
injuries or damages occurring on the property except to the extent caused by Tyler Grace Auctions' gross negligence or willful misconduct.
PREMISES SAFETY
The Client represents that the premises are reasonably safe for Tyler Grace Auctions' personnel, contractors, customers, and invitees.
The Client agrees to disclose, before work begins, any known hazardous or dangerous conditions, including but not limited to:
unstable floors or stairways;
structural defects;
water damage;
mold or mildew;
asbestos;
lead paint;
pest or rodent infestations;
biohazards;
uncapped needles;
human or animal waste;
hazardous chemicals;
firearms, ammunition, or explosives;
aggressive animals;
exposed wiring;
gas leaks;
inadequate lighting;
swimming pools;
trip hazards; and
any other condition that could reasonably create a risk of injury or property damage.
Tyler Grace Auctions reserves the right to suspend work until any hazardous condition has been corrected or otherwise made reasonably safe.
The Client shall be responsible for all damages, losses, injuries, delays, expenses, and attorney's fees arising from any hazardous condition that was not disclosed before work began, except to the extent caused by Tyler Grace Auctions' gross negligence or willful misconduct.
RELEASE OF LIABILITY
The Client understands that conducting an estate sale or auction necessarily involves moving furniture, lifting heavy objects, opening drawers, cabinets and safes, handling fragile antiques, operating doors, gates, garage doors, appliances, utilities, and allowing customers onto the property.
Accordingly, the Client releases the Released Parties from liability for any loss or damage resulting from the ordinary performance of auction services, including reasonable handling, moving, staging, cataloging, photographing, packing, displaying, loading, or removing property, except to the extent caused by Tyler Grace Auctions' gross negligence or willful misconduct.
The Client acknowledges that many estate items are old, fragile, deteriorated, previously repaired, or subject to hidden defects, and agrees that Tyler Grace Auctions shall not be responsible for damage resulting from such pre-existing conditions.
PROPERTY SECURITY
The Client acknowledges that valuables including jewelry, coins, currency, precious metals, firearms, watches, artwork, designer goods, collectibles, or other high-value property may be removed from the residence and secured at another Tyler Grace Auctions location or another appropriate secure location when Tyler Grace Auctions determines such removal is reasonably necessary for security, cataloging, research, authentication, appraisal, photography, or maximizing sale proceeds.
The Client expressly authorizes Tyler Grace Auctions to determine the appropriate sales venue for such property, including specialty auctions or third-party auction platforms when reasonably believed to maximize value.
INSURANCE
The Client agrees to maintain homeowner's, property, or estate insurance covering the premises and contents until all services have been completed and buyer pickup has concluded.
Tyler Grace Auctions does not insure the Client's residence or personal property and is not responsible for losses covered by the Client's insurance.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Tyler Grace Auctions' total liability arising out of this Agreement shall not exceed the total commission actually received by Tyler Grace Auctions under this Agreement.
Neither Tyler Grace Auctions nor the Released Parties shall be liable for consequential, incidental, special, exemplary, punitive, or indirect damages, including lost profits, emotional distress, or diminution in property value, except where such limitation is prohibited by law.
SURVIVAL
The obligations contained in this section survive completion of the auction, payment of proceeds, termination of this Agreement, and any transfer of the property.
TEXAS LAW
This Agreement shall be governed by the laws of the State of Texas. Any legal proceeding arising out of or relating to this Agreement shall be brought in a court of competent jurisdiction in Dallas County, Texas, unless another venue is required by applicable law.