1. PRICING: Consignee agrees to sell Consignor’s items and share in any profits from the sales of such items. Consignee shall determine pricing on all consigned items.
  2. UNACCEPTABLE ITEMS: Horseplay reserves the right to not accept any item for any reason for resale. Items must be in very good to new with tags condition to be accepted on consignment with the condition to be determined at consignees discretion.
  3. INVENTORY: Within 7 business days of receiving consignment items Consignor shall receive an itemized list of all consigned items. Items received that are not on the list of accepted items will be automatically donated. See our accepted brands list at
  4. SALES: When a consigned item sells, Consignor will receive a check within 45 days of the items sale. If store credit is chosen as the payment method, Consignor will receive credit on their store account within 10 business days of the sale.
  5. REPEAT CUSTOMERS: A new Agreement shall be signed each time any new item(s) is/are consigned.
  6. DISCOUNTS: All items are consigned for a period of six months (180 days). During this period, Consignee reserves the right to discount unsold items in order to facilitate a sale at the following rate: 1) at 1 month items can be discounted 20% and 2) at 3 months the item can be further discounted at 40% of original asking price. Consignee reserves the right to discount any item up to 15% in the first 2 months for discrepancies in the condition of the item not immediately apparent.
  7. EFFORTS TO SELL: In efforts to promote and market, from time to time Consignee will discount products, not to exceed 20% of determined price.
  8. UNSOLD GOODS: If items remain unsold after 6 months, Consignee reserves the right to discount items at their discretion and/or remove them from inventory. If removed from inventory, Consignor will be notified and may choose to pick up their expired items, have them donated, or have them mailed back for a fee. Any consigned items which have not sold may be picked up prior to the expiration date of this Agreement for a fee of $10/per item and any associated cleaning fees.
  9. DONATED ITEMS: Any items not accepted by Horseplay that are to be donated will be donated to local riding schools, pony clubs, 4H and other suitable organizations.
  10. CLEANING AND REPAIR FEES: Consignee will assess any cleaning and maintenance fees, including but not limited to, boot cleaning, boot repairs, dry cleaning, laundering, sewing repairs, etc. Fees will be deducted from Consignor’s sales revenue.
  11. PAYMENT: Consignee will collect a 50% commission on all items sold if payment to Consignor is made in the form of check or PayPal. If Consignor elects to receive payment in the form of Horseplay store credit the commission taken by Consignee will be reduced to 35%. Please note if you fail to make an alternative selection below, you will be automatically enrolled to receive checks.
  12. INDEMINIFICATION: CONSIGNOR SHALL INDEMNIFY, RELEASE, DEFEND, AND HOLDS HARMLESS FOREVER, Horseplay, its officers, directors, shareholders, employees, successors and assigns from any and all claims and liabilities, of whatsoever kind (including but not limited to attorneys' fees), arising from or connected to the consigned terms. Horseplay shall use all conventional safeguards in the handling and displaying of consigned items but has no legal responsibility for items left on consignment.
  13. WARRANTY: Consigner warrants and agrees that the items to be consigned are owned by Consignor and that there are no liens, judgements, or other encumbrances against the ownership, including all right of sale or transfer of the consigned terms.
  14. ASSIGNMENT. No party may assign or transfer this Agreement without the prior written consent of the other party.
  15. MEDIATION. In the event a dispute shall arise between the parties to this Agreement, the parties agree to participate in confidential mediation, with a meditator agreed to by both parties, before filing any lawsuit. The parties agree to share equally the costs of mediation. 
  16. DEFAULT. Upon material breach of this Agreement by one party the other party shall have the option to terminate same. On any breach, the other party shall have the right to recover expenses and costs within the parameters of the attorneys’ fees paragraph below.
  17. ATTORNEYS' FEES. In the event that suit or arbitration is brought under or in connection with this Agreement or to enforce the Agreement, the prevailing party shall be entitled to recover from the losing party reasonable attorneys' fees, costs and expenses incidental to any such proceedings, including reasonable attorneys' fees incurred in collecting any judgment awarded as a result of liability established pursuant to this Agreement.
  18. VOLUNTARINESS: Each of the parties hereto fully understands the terms, conditions, and provisions of this agreement, voluntarily enter into the same and believe its terms to be fair, just, adequate and reasonable.
  19. SEVERABILITY: The illegality or unenforceability of any provision of the Agreement of any instrument or agreement required hereunder shall not in any way affect or impair the legality or enforceability of the remaining provisions of this Agreement or any instrument or agreement required hereunder.
  20. GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the State of Oregon. Any legal action commenced to enforce or interpret this Agreement shall be brought in Deschutes County, Oregon. The parties hereto consent to both venue and jurisdiction in Deschutes County, and any attempt to pursue legal action in any other state shall be void for lack of jurisdiction in that foreign court.