Moving and service terms

Moving and service terms

Thank you for choosing Next Moving to help you with your move. Please read these Moving and Service Terms carefully before signing. These Moving and Service Terms are a contract entered into between the undersigned individual or legal entity (the “Client”) and Relybel Moving Company, LLC dba Next Moving (“Next Moving”). By signing these Moving and Service Terms, the Client and Next Moving understand and agree that:

Last updated April 4th, 2024

1. Quotes and Estimates.

Next Moving may provide Client with a quote or an estimate of the cost of moving certain Items from a defined location to another defined location, with or without intermediary stops, or other services Next Moving may provide (each, a “Quote”). An accurate quote requires information provided by the Client. The Client is solely responsible for providing accurate and complete information on which the Quote will be made, including, but not limited to complete addresses for any and all pickup and delivery locations. While Next Moving will provide a good faith estimate of the volume and weight of the Items, it is impossible to know with certainty the exact volume and weight of any Items until pickup and loading.

All Quotes are an estimate only and may be subject to certain surcharges or changes in price or cost based on the reality of the pickup, transportation, and delivery of those Items. Next Moving is in no way bound by any price or cost provided in a Quote and no Quote is a guarantee or promise of any kind. To the maximum extent allowable by law, Client agrees to indemnify, defend, and hold Next Moving harmless and blameless against any and all claims, controversies, or disputes regarding Client’s provision of information, regardless of accuracy, on which Next Moving relies to provide a Quote, and any discrepancies between the information Client provides and the actual volume, weight, location, or cost.

2. Booking and Deposits.

A non-refundable deposit based on the Quote is required for Next Moving to book and schedule a move or other services. The exact amount of the deposit will be provided as part of the Quote. Upon payment of the deposit, Next Moving secures and guarantees the availability of the Client’s scheduled moving date, hourly rate, and delivery window as described in the Quote.

The full and complete address of any pickup and delivery addresses must be provided to Next Moving and confirmed at least one day before the move. If the confirmed address is, in Next Moving’s sole and absolute discretion, significantly different from the address in the Quote, Next Moving is entitled to reschedule the move and/or change the Quote, including any price or cost.

The Client must be physically present at the first pickup location to meet Next Moving’s team and complete any necessary documentation. Next Moving is entitled to cancel or reschedule the move if the Client is not present or refuses to complete any documentation that Next Moving, in it’s good faith discretion, considers necessary.

3. Local Moves and Double Driving Time.

A “Local Move” is a move where the distance between the first pickup and the last delivery locations is less than or equal to 100 miles traveled. Next Moving does not provide “not-to-exceed” or “fixed” amounts for Local Moves. The total cost of a Local Move is calculated on an hourly basis.

For Local Moves in California, when the truck is loaded with the Items, the driving time between all pickup and all delivery locations is doubled according to the MAX 4 tariff issued by the Bureau Of Household Goods And Services (“Double Driving Time”).

4. Long-Distance Moves.

A “Long-Distance Move” is a move where the distance between the Client’s first pickup and the last delivery locations is more than 100 miles traveled. For Long-Distance Moves, Next Moving implements a progressively increasing rate based on the actual volume and weight of the Items, the pickup and delivery addresses, and the delivery option selected. Loading and unloading of Items are billed on an hourly basis and may be subject to Double Driving Time and other local regulations. Next Moving does not provide “not-to-exceed” or “fixed” amounts for Long Distance Moves. If the actual volume or weight of the Items exceeds the quote, then the fees will be increased accordingly.

Next Moving offers 45-day, 30-day, and 15-day delivery windows and express delivery. Items may be delivered anytime within the selected delivery window. For express delivery, Next Moving will provide the fastest possible delivery while adhering to legal constraints and all FMCSA regulations, but actual delivery dates will vary.

5. Payment Methods and Timing.

Next Moving accepts payment in United States Dollars, using the following payment methods, as may be available or offered from time to time: cash, cashier’s check, credit and debit cards, and digital platforms like Venmo, Zelle, and CashApp. Next Moving does not accept personal or business checks. The Client is solely responsible for the payment of any applicable taxes. Movers do not carry cash or provide change.

For Local Moves, the balance remaining (including any additional charges) after payment of the deposit must be paid in full at the end of the final delivery. For Long-Distance Moves, 50% of the estimated cost and the total of any additional fees, surcharges, materials, or labor must be paid immediately after the pickup and loading is completed, while the remaining balance (including any unpaid additional charges), less the amount paid in the deposit, must be paid by the end of the final delivery.

If Next Moving, in good faith, receives information or indications suggesting that a Client cannot or will not make the payment at the end of the final delivery, Next Moving is entitled to refuse to unload the Items and store it in one of Next Moving secured storage facilities until the balance, including time for unloading and any storage costs as described in Section 10, below, is covered in full via a payment method Next Moving deems acceptable under the circumstances. Next Moving may require that Client provide additional documentation consenting to the charges, if applicable. Any amounts owed will be subject to 12% annual interest or the maximum allowable by law, whichever is less, and any costs associated with collection of the amount owed.

6. Debit and Credit Card Payments.

If the Client chooses to make a payment using a credit or debit card, the name on the card must match the name of the Client or the state or federal photo identification of the individual presenting the credit or debit card for payment. Next Moving may choose to refuse payment using any debit or credit card, or require additional documentation confirming authorization of charges, including a credit card authorization form. Any amounts charged back or disputed will be subject to 12% annual interest or the maximum allowable by law, whichever is less, and any costs associated with collection of the amount owed.

7. Fees and Surcharges.

1. 1. Truck Storage. An overnight truck storage fee of $399/night will apply if the Client cannot or refuses to accept a delivery.
   2. Grand Pianos. An assembly fee of $100 will apply for each grand piano, baby grand piano, harpsichord, or similar instrument, in addition to any Extra Heavy Item fees, as described in Section 13.
   3. Hazardous Conditions. A fee of $495 per truck will apply for any hazardous conditions, as described in Section 21, for the purposes of cleaning and sanitizing.
   4. Stairs. A 30% surcharge to any hourly rate will apply for each location with greater than three Flights of Stairs between the parked truck and the delivery or pickup location, or if the Flight of Stairs is an improper size, spiral or curved, or otherwise hazardous.
   5. Overtime. A surcharge of 1.5 times the hourly rate will apply to any service that extends greater than 8 hours in any given 24-hour period, or otherwise any time worked after 6pm or before 8am, unless otherwise expressly agreed to or waived.
   6. Storage. An additional fee for storage of any Items in Next Moving’s possession will apply, as described in Sections 5 and 10.
   7. Extra Heavy Items. An additional fee for Extra Heavy Items will apply, as described in Section 13.
   8. Double Driving Time. Double Driving Time, as described in Section 3, applies to any Local Move made in California.
   9. Additional Personnel. For $55 per person per hour, additional moving personnel may be requested or required, with a three-hour minimum.
   10. TV Installation Cancellation. A fee of $59 applies for any TV installation service cancellation request received within three days before the scheduled installation date.
   11. Move Cancellation. Additional fees for cancellation of a move will apply, as described in Section 9.
   12. Over-Weight. Each Long-Distance Quote is based on a certain amount of weight based on the Client’s descriptions of the Items. The excess weight is subject to additional surcharges per pound, as described in the Quote over the estimated weight.
   13. Over-Volume. Each Long-Distance Quote is based on a certain amount of volume based on the Client’s descriptions of the Items. The excess volume is subject to additional surcharges per cubic foot, as described in the Quote over the estimated volume.

8. Tips.

Tipping moving personnel is appreciated, but not mandatory or required. Next Moving does not, nor will it ever, require that the Client make or pay a tip to any personnel. It is solely up to the Client to decide how much of a tip, if any, to give or provide to movers.

9. Cancellation and Refund Policy.

If a Client cancels or, in Next Moving’s sole discretion, significantly modifies a move within three days before the first scheduled pickup date, a 3-hour minimum charge will apply for Local Moves, based on the rate provided in the Quote or otherwise confirmed with the Client, or 10% of the Quote for Long-Distance Moves.

Next Moving is entitled to cancel these Moving and Service Terms, or any specific move, if:

1. 1. The Client is not present at the first pickup location,

1. 2. The Client refuses to complete any documentation that Next Moving deems necessary, including these Terms and Conditions,
   3. Next Moving is not in possession of any Items and reasonably believes that the Client will not proceed with full payment,
   4. Next Moving reasonably believes that the conditions of the move are not adequate or safe, as described in Section 21, below,
   5. The Client or any affiliates, representatives, or associates thereof act in a way manner that Next Moving, its employees, contractors, or affiliates believe is unsafe, immoral, obscene, rude, aggressive, or otherwise harmful to Next Moving, its employees, contractors, or affiliates.

If Next Moving cancels these Moving and Service Terms in accordance with this Section 9, Client is responsible for payment of any fees or charges that accrue prior to cancellation of these Moving and Service Terms, including surrender of a deposit and the cancellation fee.

10. Storage.

Client may temporarily store Items with Next Moving, and Next Moving may provide storage within its properties or with an affiliate under certain circumstances, including delays, cancellations, or scheduling. Storage fees will be provided as part of the Quote, if such storage is an expected part of the move. Compulsory storage will be subject to Next Moving’s then-current storage rates. Next Moving will provide commercially reasonable care of stored Items, but cannot promise or guarantee that Items will be secure or undamaged during storage, and is accordingly not responsible or liable for the any loss or damages associated with or caused by the storage of any Items.

If payment for the storage of any Items is more than three days late, a late fee of 12% of the total cost of the storage, or the maximum allowable by law, whichever is less, will be applied for each day the payment is delayed. If no payment is made for three months, Next Moving may, in its discretion, dispose of or sell the stored Items. Next Moving is not responsible for any loss or damages associated with or caused by the disposal or sale of any stored Items.

11. Moving Supplies.

Moving blankets, pads, wardrobe boxes, packing tape, shrink wrap, speed pack, and some other moving supplies (collectively, “Moving Supplies”) may be rented or purchased by the Client, subject to availability, if the Client meets the conditions specified in Item 17 of these Moving and Service Terms. A deposit of the full price of the rented Moving Supplies is required. The full deposit will be returned to the Client if the Moving Supplies are returned in substantially the same condition as provided within 7 days of rental or if the Client is using the Moving Supplies for items stored in Next Moving’s storage units. 50% of the deposit will be returned to the Client if the Moving Supplies are returned in substantially the same condition as provided between 7 and 14 days of rental. 25% of the deposit will be returned to the Client if the Moving Supplies are returned in substantially the same condition as provided between 14 and 21 days of rental. The full deposit will be surrendered to Next Moving after 21 days have passed from rental. Additional deductions from the deposit may be made for any Moving Supplies that are returned in a condition substantially different from the condition in which they are provided to the Client. Packing tape and shrink wrap can only be purchased and not rented.

12. Parking.

The Client is responsible for providing suitable parking spaces for Next Moving’s trucks and personnel at all pickup and delivery locations. Client must reimburse or pay for any parking tickets, parking spots, or violations incurred by Next Moving if Client fails or inadequately provides safe, legal parking spaces or otherwise fails to obtain appropriate permits or licenses. Client is solely responsible for any additional costs or fees relating to additional time caused by Client’s failure to reserve or provide parking close to a location.

The Client is responsible for supervision of the truck while Next Moving’s personnel are loading or unloading Items. Next Moving is not responsible or liable for lost, stolen, or damaged Items during loading and unloading. Client may, for additional fees, request additional personnel to supervise Items on the truck during loading and/or unloading.

13. Items and Heavy Items.

As used in these Moving and Service Terms, “Items” means those items or objects owned or controlled by Client and its representatives which Client has directed Next Moving to transport from one location to another location.

Per insurance and safety guidelines, an “Extra Heavy Item” is any item that weighs:

1. 1. more than 270lbs for four or more movers.
   2. 200lbs to 270lbs for three movers.
   3. 130lbs to 200lbs for two movers.
   4. 51lbs to 130lbs for one mover.

Subject to the discretion of Next Moving and with the consent of the Client, Next Moving may move Extra Heavy Items using additional movers and/or special tools and equipment, such as dollies, hand trucks, hydraulic tools, and piano boards. For any Extra Heavy Item in relation to the number of movers available at the move, or any Item weighing more than the Extra Heavy Item category in relation to the number of movers available at the move, there are additional fees as follows:

1. 5. $80 for items within 100lbs of the lowest threshold for the applicable Extra Heavy Item category.
   6. $80 and an additional $25 for each additional 100lbs (after the first 100lbs) over the lowest threshold for the applicable Extra Heavy Item category.
   7. If there are two or fewer Flights of Stairs combined between the locations, $75 in addition to any applicable fee in category E and/or F.
   8. if there are greater than two flights of stairs combined between the locations, $75 and an additional $75 per flight of stairs over two Flights of Stairs in addition to any applicable fee in category E and/or F.

For example:

If an Item weighs 275lbs, there are three movers present, and there are no stairs, the fee is $80.

If an Item weighs 305lbs, there are three movers present, and there are no stairs, the fee is $105.

If an Item weighs 305lbs, there are three movers present, and there are three Flights of Stairs, the fee is $255.

Next Moving does not provide or take inventory of Items. If the Items require or the Client desires inventorying, Next Moving must receive the request for inventorying at least three days prior to the scheduled move and any time taken to inventory will be billed at an hourly rate communicated to Client at the time Next Moving agrees to inventory the Items.

14. Storage Items and Simulated Wood Furniture.

Any Item that is not in a box and consists of drawers, storage, or containers (dressers, desks, freezers, refrigerators, etc.) must be emptied prior to the move and its contents placed in a sealed box by the Client. The Client may arrange for Next Moving to empty and pack such contents with advance notice of not less than three days.

“Simulated Wood Furniture” includes particle board furniture, pressed wood furniture, and similar products, for example, most IKEA furniture. Simulated Wood Furniture is not designed for relocation in its assembled state and is intended for one-time assembly only. Next Moving is not liable for any damages associated with the disassembling or reassembling of Simulated Wood Furniture.

15. Food, Drugs, and Perishables.

The Client must pack any food, over-the-counter drugs, or perishables in accordance with food and safety regulations. Next Moving is not responsible or liable for any illness or injury related to the packing, storage, or moving of any food, over-the-counter drugs, or perishables.

Client represents and warrants that the Items do not contain any controlled or illegal substances (including prescription drugs) or live animals. Client shall indemnify, defend, and hold Next Moving harmless against any loss, demand, claim, or controversy arising out of or relating to this Section.

16. Appliances.

Next Moving is not responsible for disconnecting appliances such as refrigerators, washers, dryers, stoves, or any other appliance with a connection to water, power, gas, or any other similar supply systems. Next Moving will not to move any particular appliance that has not been disconnected. Next Moving is not obligated to take apart doors from refrigerators. If Client requests or requires that a door be taken off or apart from a refrigerator or other appliance, and the movers agree to take the door off or apart, Next Moving is not responsible or liable for, and Client shall hold Next Moving harmless and blameless for any damages losses, claims, or controversies arising out of or relating to Next Moving’s removal of any such door.

17. Jewelry, Money, and Valuables.

Valuable items like jewelry, money, expensive watches, etc., must be removed from the Items and transported by the Client before the moving process begins. Next Moving is not be responsible for any loss or damages claims related to or arising out of valuables.

18. Protection Protocol.

Next Moving will attempt to protect all Items with proper moving supplies and may disassemble bulky items if necessary. Clients may choose to opt out of this protection process, but must communicate this to the supervisor or foreman on the day of the move. In such cases, Next Moving will not be liable for any items that were not properly protected, disassembled, or reassembled. Next Moving is not responsible or liable for, and Client shall hold Next Moving harmless and blameless for any damages losses, claims, or controversies arising out of or relating to Client’s decision to opt out of the protection process, specifically including any damaged or broken Items.

19. Client Participation.

Except in regards to supervision of the truck, Clients are not permitted to assist movers with transportation, assembly, disassembly, or protection of Items during the moving process. Client may, at its own risk, independently and without assistance from Next Moving, transport, assemble, disassemble, or protect Items, however, Client may not place any Item in or on the truck. Next Moving and its personnel will not, and is not obligated to, help or assist Client with such actions. Client shall indemnify, defend, and hold harmless Next Moving from any damages, losses, claims, or controversies arising out of or relating to Next Moving’s acts, failure to act, or inability to act in accordance with this Section.

20. Pathways and Stairs.

Next Moving may cancel or refuse to provide services if the path movers must take to pickup or deliver Items is unpaved, uneven, rocky, sandy, slippery, muddy, wet, icy, or otherwise dangerous, unsafe, or hazardous, including in regards to the quality or condition of a Flight of Stairs (see the next paragraph, below). Client is strongly advised to provide Next Moving with adequate notice of any adverse conditions of the path at least one day prior to the scheduled moving time. Next Moving is not responsible or liable for any loss or damages incurred during transportation of Items along such a hazardous path.

As used in these Moving and Service Terms, a “Flight of Stairs” is 12 or fewer steps of at least 10 inches deep, 24 inches wide, and a maximum of 10 inches tall. If a set of stairs has more than 12 steps, the number of flights is calculated based on the total number of steps divided by 12 and rounded up to the next full flight of stairs. For example, if a set of stairs has 13 steps, it is two flights of stairs. Next Moving is entitled to charge additional fees, cancel, or reschedule the move if the steps are narrower than 24 inches, or taller than 10 inches, spiral or curved, or otherwise uneven, inconsistent, or dangerous.

21. Hazardous Conditions.

The Client must provide a safe and accessible environment for Next Moving to perform moving services effectively and efficiently. The Client must notify Next Moving of any hazardous conditions at a location or relating to a particular Item prior to the commencement of work, including but not limited to, insect infestations (e.g., cockroaches, termites, bed bugs, fleas, etc.), vermin (e.g., rats, mice, squirrels, snakes, etc.), harmful substances (e.g., asbestos, toxic chemicals, carbon monoxide, smoke, etc.), bodily fluids (blood, vomit, feces, etc.) unpleasant or offensive odor, unsanitary conditions, rot, rust, or unstable structures.
Hazardous conditions are subject to additional fees or costs, dependent on the severity of the conditions. Failure to notify or adequately inform Next Moving in advance of any hazardous conditions may result in additional fees or cancellation of the contract with a 3-hour minimum charge, in addition to surrender of the deposit. Next Moving reserves the right to refuse or cancel service if hazardous conditions are present and deemed too risky, unsafe, or unsanitary for service provision. The Client is responsible for remedying or correcting any hazardous conditions before rescheduling the service.

As a matter of law and regulation, it is forbidden to spread certain hazardous conditions. Certain wrapping materials used during moving services, including but not limited to blankets or wardrobe boxes, may not be returned to Next Moving. The Client must purchase these either in advance or on the day of the move. Next Moving is not responsible and shall not be held liable for any health or safety risks that arise from non-disclosure of hazardous conditions. The Client shall indemnify, defend, and hold harmless Next Moving of any damages, losses, claims, or controversies arising out of or relating to hazardous conditions.

22. Tight Spaces.

When an Item is large, bulky, or heavy relative to hallways, doorways, stairs, elevators, or other passageways (regardless of whether or not it is an Extra Heavy Item), Next Moving will inform the Client of the potential damage prior to moving the Item and will be given a reasonable opportunity to decide if the Item shall be moved. Next Moving will use a reasonable degree of care, but Next Moving is not responsible for any damages that occur to that Item or any other Item, object, walls, door frames, stairs, or other passageways during the move of that Item.

23. Floors, Walls, Ceilings, Doors, Windows, and Woodwork.

When moving furniture and other large items, it is always possible for floors, walls, ceilings, doors, windows, and woodwork to sustain damage. Next Moving’s maximum liability for such damage is 10% of the final bill per residence where such damage has occurred. Next Moving is not responsible, and shall not be held responsible for any flooring, carpets, or rugs that are soiled, dirtied, or worn during the moving process. Next Moving may assist with providing floor protection for hardwood surfaces for an additional charge and subject to availability, with Client’s advance request, which must made at least 72 hours prior to the date of the move.

24. Moving project duration.

While Next Moving may provide an estimate of the duration of a move in a Quote, Next Moving cannot guarantee or promise the exact duration of a moving project, or set limits on the billable duration. The time required for moves, can vary significantly due to a variety of unpredictable factors, including, but in no way limited to, elevator size and availability, number and quality of Flights of Stairs, traffic conditions, walking distances, the amount of people present at a property, the amount of Items of unconventional size and shape, uphill or downhill parking, and traffic conditions. Consequently, the duration of any move, while it may be estimated, it is determined on an hourly basis and not restrained or controlled by the Client’s budget.

Billable time begins upon the earlier of 1) Client’s completion of any necessary documents, 2) for Long-Distance Moves, payment of the 50% of the estimated cost, or 3) 15 minutes after the scheduled arrival, if Next Moving arrived at or before the scheduled arrival, or otherwise, 15 minutes after Next Moving’s arrival time. Next Moving may provide a 15-minute grace period for completion of the documents and location assessment. Next Moving will inform or confirm the arrival time during Next Moving’s business hours on Next Moving’s business day prior to the move. On the day of the move, the Next Moving may call, email, or message using the phone number provided by the Client to provide updates to the Client, including the actual arrival time if it is different than the confirmed arrival time.

25. Delivery.

Next Moving is not responsible or liable for any delays related to weather conditions, traffic, any unexpected technical difficulties, highway patrol inspections, collisions, or accidents. If unloading on the scheduled date is not possible due to Client-related reasons, including, but not limited to, unavailability, refusal, or non-payment, the following options may apply:

1. 1. Alternative Unloading Arrangements. If rescheduling the delivery is not an option, it is the Client’s responsibility to find a place, like a storage unit, where the items can be unloaded. Next Moving is not be responsible for any damage or loss to items during unloading at this alternative location.
   2. Overnight Truck Storage Fee. If the Client cannot arrange an alternative delivery location and if our schedule allows, Next Moving may store the Items in the truck overnight, subject to additional fees.
   3. Storage at Next Moving’s Facilities. If Next Moving cannot accommodate the delay, the Items will be brought to Next Moving’s warehouse or other storage facilities. The Client is responsible for any related costs, including a monthly fee for storage. To schedule a new delivery, the client must first pay the entire balance from the attempted delivery and all storage fees.

26. Lost or Damaged Items.

After the completion of the final delivery, a Bill of Lading will be provided to the Client for signing. It is the Client’s responsibility to thoroughly inspect all Items and report any missing or damaged Items promptly. Once the movers have departed, Next Moving reserves the right to reject any claims of lost, missing, or damaged Items. Next Moving is only liable for lost Items if Next Moving has both packed and unpacked those Items, and in no event will Next Moving be responsible to damages to live plants. Next Moving is not liable for any loss or damage unless a written claim, supported by pictures and/or videos of damages, along with the declaration of value and weight, is submitted. All outstanding balances must be paid in full before Next Moving will reimburse Client for lost or damaged Items.

27. Insurance.

Next Moving’s liability for lost or damaged Items is limited to $0.60 per pound per item. Additional insurance may be purchased from a third-party insurance company, such as movinginsurance.com. Next Moving must be notified of the purchase of third-party insurance no less than 72 hours prior to the day of the move. Packing and protecting processes must be performed by Next Moving to ensure coverage. If a location requires a Certificate of Insurance, the Client must request it no later than 72 hours prior to the scheduled moving time.

28. Roommates and Relationships.

In cases where the Client is moving Items from a location where another individual resides or stores property, the Client is solely responsible for ensuring that the correct Items are moved to the correct location. Further, the Client represents and warrants that it is the sole legal owner of all Items moved by Next Moving. The Client shall indemnify, defend, and hold Next Moving harmless against and loss, demand, claim, or controversy arising out of or relating to Next Moving’s packing, transportation, or delivery, whether or not that delivery is to the correct location, of Items that Client did not or does not have sole legal ownership.

29. TV installation.

TV installation is carried out exclusively by specialized technicians and is not a service provided by Next Moving itself. While Next Moving makes good faith and commercially reasonable efforts to timely dispatch the technician directly to the delivery location, Next Moving is not liable for delays arising from the scheduling system, traffic or other delivery conditions, or delays caused by the technician. A cancellation fee applies to TV installation service cancellations made less than 72 hours before the scheduled time.

30. Limitation of Liability

In addition to any other indemnification or limitation contained in these Moving and Service Terms, in no event shall Next Moving, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

31. Dispute Resolution

1. 1. Governing Law. This Agreement is governed by the State of California, without regard to its conflict of laws rules or principles.
   2. Jurisdiction. All questions or disputes regarding the interpretation, performance, or enforceability this Agreement, or the rights and remedies of the parties, if brought or initiated by Client, shall be resolved by binding arbitration before a single arbitrator, with arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules in effect on the date the proceeding is initiated. The arbitrator shall apply the substantive laws of the State of California, United States without giving effect to any conflict of laws rules or principles. The arbitration hearing and all related proceedings shall be conducted in California and in the English language. The arbitrator’s decision shall be final and non-appealable. Judgment on the award or decision rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall have the authority to settle any controversy, claim or dispute by finding that a party should be enjoined from certain actions or be compelled to undertake certain actions, and in such event a court of competent jurisdiction may enter an order enjoining and/or compelling such actions as found by the arbitrator. Except to the extent required by applicable law, the parties agree to keep confidential the nature of the controversy, claims, and dispute submitted to arbitration, all submissions made by the parties in connection with any arbitration proceeding or hearing, and the content of the arbitration proceedings and hearings. This section does not limit either party’s right to provisional or ancillary remedies from a court of competent jurisdiction before, during, or after arbitration, and the exercise of any such remedy does not waive either party’s right to arbitration. Judgment on an arbitration award may be entered by any court with competent jurisdiction. Any requirement in this License to pay or reimburse court costs or attorneys’ fees includes, without limitation, a requirement to reimburse costs and fees related to such arbitration. This License is subject to the operation of the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
   3. Temporary Restraining Order. Notwithstanding anything in this Section 31 to the contrary, the parties expressly agree that any court of competent jurisdiction may enter a temporary restraining order, an order enjoining breach of this Agreement pending a final award or further decision by the arbitrator.
   4. Jury Trial Waiver. CLIENT HEREBY WAIVES ITS RIGHT TO A TRIAL BY JURY FOR DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION COUNTERCLAIMS REGARDING SUCH DISPUTES, CLAIMS RELATED TO THE PARTIES’ NEGOTIATIONS AND INDUCEMENTS TO ENTER INTO THIS LICENSE, AND OTHER CHALLENGES TO THE VALIDITY OR ENFORCEABILITY OF THIS LICENSE. THE WAIVER IN THE PRECEDING SENTENCE APPLIES REGARDLESS OF THE TYPE OF DISPUTE, WHETHER PROCEEDING UNDER CLAIMS OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY.
   5. Class Action Waiver. CLIENT SHALL NOT BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING ARISING OUT OF OR RELATED TO THIS LICENSE, WHETHER PROCEEDING UNDER CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY (collectively, “THIS AGREEMENT’S CLAIMS”). THIS AGREEMENT’S CLAIMS INCLUDE, WITHOUT LIMITATION, COUNTERCLAIMS, CLAIMS RELATED TO THE PARTIES’ NEGOTIATIONS AND INDUCEMENTS TO ENTER INTO THIS AGREEMENT, AND OTHER CHALLENGES TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT. THE PROCEEDINGS EXCLUDED ABOVE INCLUDE, WITHOUT LIMITATION, CLASS-WIDE ARBITRATION AND PRIVATE ATTORNEY-GENERAL ACTIONS.

32. Required Disclosures.

To the extent it is applicable and to the minimum extent required by law, Next Moving shall comply with FMCSA regulations, which can be found here: https://www.fmcsa.dot.gov/protect-your-move/consumer-rights

To the extent it is applicable and to the minimum extent required by law, Next Moving shall comply with California’s Bureau of Household Goods and Services regulations (which can be found here: https://docs.cpuc.ca.gov/word_pdf/REPORT/23025.pdf or https://bhgs.dca.ca.gov/) and any other applicable regulations.

33. Miscellaneous.

1. 1. Amendment. Any material changes to these Moving and Service Terms or the services to be performed must be approved in advance by Next Moving.
   2. Assignment. The Client may not delegate or assign its responsibilities or obligations under these Moving and Service Terms, except to appoint a representative.
   3. Choice of Law. These Moving and Service Terms will be governed by and construed in accordance with the substantive laws of the State of California, without regard to its conflict of law principles. The parties hereby submit to the jurisdiction of the state and federal courts of California.
   4. Entire Agreement. These Moving and Service Terms constitutes the sole and entire agreement between the parties and supersedes any and all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, to the extent they relate in any way to the subject matter hereof.
   5. Notice. Notices pursuant to these Moving and Service Terms shall be sent to the address that either party may provide in writing. Such notices will be deemed received at such addresses upon the earlier of (a) actual receipt or (b) delivery in person, by fax with written confirmation of receipt, or by certified mail return receipt requested.
   6. Severability. If any provision of these Moving and Service Terms is held by a court, arbitrator, or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Moving and Service Terms will continue in full force and effect.
   7. Titles and Headings. Titles and headings of sections of these Moving and Service Terms are for convenience only and shall not affect the construction of any provision herein.Waiver. No waiver of a breach of these Moving and Service Terms will constitute a waiver of any other breach of these Moving and Service Terms.