Garment Owner / Consignment Agreement

1. Appointment and Purpose

The Owner appoints One Night Only to list, advertise, administer and rent accepted garments to customers of One Night Only. Ownership remains with the Owner at all times.

This Agreement does not transfer ownership of any garment to One Night Only.

2. Owner Warranties

The Owner confirms that the Owner legally owns the garment or is lawfully authorised to enter into this Agreement; that the garment is not stolen, counterfeit or subject to a conflicting claim; and that information supplied about brand, condition, value and alterations is accurate to the best of the Owner's knowledge.

The Owner must disclose any material defect that could affect normal or safe use of the garment.

3. Garment Record

Each accepted garment must be recorded on a Garment Handover & Condition Report or equivalent digital inventory record. The record may include description, brand/designer, size, colour, material, accessories, current condition, existing defects, replacement value, rental price and photographs.

The garment record forms part of this Agreement.

4. Acceptance of Garments

One Night Only is not obliged to accept every garment submitted. A garment may be declined based on condition, style, demand, age, quality, sizing, cleaning requirements, expected rental potential or overall suitability for the collection.

Acceptance occurs once One Night Only confirms the garment as accepted in its inventory or digital record.

5. Listing Fee

The listing fee applicable to each garment is displayed or confirmed during the submission/listing process.

The standard listing fee is R50 per accepted garment, unless One Night Only publishes or agrees a different fee for a particular garment, promotion or listing arrangement.

The listing fee contributes to administration, garment processing, photography and creation of the online listing and is not dependent on whether the garment ultimately receives a booking, unless otherwise stated.

6. Rental Price

One Night Only will determine or agree the rental price with reference to garment value, condition, designer or brand, age, demand, style, cleaning requirements and comparable rental prices.

The current standard pricing model may use a rental price of approximately 20% of the agreed garment value plus R200, unless another price is agreed for the particular garment.

The final approved rental price is recorded in the listing or garment record. One Night Only may recommend reasonable price adjustments where market conditions or demand justify them.

7. Rental Revenue Split

For each completed rental, Net Rental Income is divided 40% to the Owner and 60% to One Night Only.

Net Rental Income means the Gross Rental Fee actually received less the direct standard cleaning cost attributable to that rental.

Example: Gross Rental Fee R800 less direct cleaning cost R100 = Net Rental Income R700. Owner share at 40% = R280. One Night Only share at 60% = R420.

A customer security/damage deposit is not rental income and is not divided between the Owner and One Night Only.

8. Rental Extensions

Where a customer pays an additional rental fee to extend a booking, the same 60/40 Net Rental Income split applies unless otherwise agreed in writing.

9. Cleaning

One Night Only will arrange normal cleaning after a rental. The direct standard cleaning cost attributable to the rental may be deducted from Gross Rental Income before the split is calculated.

Where abnormal or specialist cleaning is reasonably required because of customer damage or misuse, One Night Only will, where practical, recover that additional expense from the responsible customer or security deposit.

Amounts recovered specifically to reimburse abnormal cleaning expenses are first applied to those expenses and are not treated as ordinary rental income.

10. Customer Security Deposit

One Night Only may require a refundable customer security deposit based on the garment's value and risk category.

The deposit is held as security against customer obligations and is not rental revenue. It may be applied toward reasonable cleaning, repair, loss or other amounts properly due and is otherwise refunded to the customer in accordance with the customer rental terms.

11. Normal Wear and Tear

The Owner acknowledges that a garment made available for repeated rental will experience reasonable wear over time. Minor deterioration consistent with proper rental use does not automatically constitute compensable damage.

12. Customer Damage

Where material damage occurs during a rental, One Night Only will inspect and document the damage and may arrange an appropriate repair where reasonably repairable.

Reasonable repair costs may be recovered from the responsible customer or security deposit where permitted. The Owner will be informed where damage is material.

Amounts recovered specifically for repair costs are first applied to those repairs and do not form part of ordinary rental revenue.

13. Loss or Irreparable Damage

An agreed replacement value is recorded for each garment at intake or listing.

Where a garment is lost or damaged beyond economical repair while in a customer's possession, One Night Only will take reasonable steps to enforce the customer's contractual obligations and apply any relevant security deposit toward the loss.

Compensation recovered specifically for permanent loss or irreparable damage will be applied toward the Owner's proven loss up to the agreed replacement value after relevant recovery or repair costs, where applicable.

One Night Only is not an insurer and does not automatically guarantee payment of a customer's unpaid obligations. This does not exclude responsibility One Night Only may legally have for its own negligent or wrongful conduct.

14. Storage and Care

While an accepted garment is physically in One Night Only's custody, One Night Only will take reasonable care of it. The Owner acknowledges that garments are provided for repeated handling, fitting, transport and rental.

15. Photography and Marketing

The Owner authorises One Night Only to photograph or record the garment and use those materials for the website, social media, advertisements, catalogues, booking platforms and other reasonable marketing of the garment.

One Night Only may edit photographs for presentation purposes provided the garment is not materially misrepresented. This permission continues while the garment is actively listed and for reasonable archival/business-record purposes thereafter.

16. Availability of the Garment

Once One Night Only has accepted a confirmed booking, the Owner may not remove, sell, loan, use or otherwise make the garment unavailable during that confirmed booking period without written agreement.

The Owner must immediately notify One Night Only of any circumstance that could affect an upcoming booking.

17. Owner Withdrawal

The Owner may request withdrawal of a garment by giving at least 14 days' written notice.

If no customer booking exists, the garment may be returned once reasonable administration and outstanding obligations are completed. If a confirmed future booking exists, the garment must ordinarily remain available until that booking is completed unless One Night Only agrees otherwise.

18. Payment to Owner

Owner earnings are calculated on a month-to-month basis for completed rentals. A rental will ordinarily be included in a monthly payment cycle once the customer has returned the garment, the garment has been inspected, the rental payment has cleared, relevant cleaning costs have been determined and no material unresolved dispute exists.

Payments to the Owner will be made once per calendar month in accordance with One Night Only's monthly payment cycle. One Night Only may communicate the applicable payment date or cut-off for each cycle. The Owner is responsible for providing accurate banking details.

19. Records

One Night Only will maintain reasonable records of completed rentals and amounts payable to the Owner. The Owner may request a reasonable statement or explanation of rental earnings relating to the Owner's garment.

20. Personal Information

One Night Only may process personal information reasonably required to administer this Agreement, make payments, verify identity and ownership, communicate about garments and bookings, maintain business/accounting records and enforce the Agreement.

Personal information will be handled in accordance with applicable South African privacy law. Marketing consent is separate and is not a condition of consigning a garment.

21. Termination

Either party may terminate this Agreement on reasonable written notice, subject to confirmed bookings, outstanding payments, unresolved customer damage claims, garments still in rental circulation and obligations already incurred. Termination does not cancel rights or obligations that arose before termination.

22. General

This Agreement and each relevant garment/condition record constitute the agreement between the parties for accepted garments.

Amendments should be recorded in writing or electronically.

If a provision is invalid or unenforceable, the remaining provisions continue to apply to the extent permitted by law.

South African law applies to this Agreement.