TERMS & CONDITIONS
Section A).
This agreement is legal and binding with Isy Fashion, LLC. The said party understands that before any verbal or written request for services from Ireshia Brown or Isy Fashion, LLC are conducted a non-refundable consultation fee of $50.00(Custom) $100 (Bridal) is due immediately before any information of services, supplies, fabrics, threads, etc. are transacted. If an hereinafter if the said party agrees to enter into business with Ireshia Brown or Isy Fashion, LLC the $50.00(Custom) $100 (Bridal). Consultation fee will not be used toward the 60% deposit of services UNLESS full deposit is paid at the time of consultation. The said party understands that if the decision is made NOT to use the services Ireshia Brown or Isy Fashion, LLC that all information and discussions are free to use at their discretion due to the payment of the non-refundable deposit of $50.00 (Custom) $100 (Bridal).
Section B.
The client(s) understands that if any changes to this agreement are made that the contract will be void and no refund will be given back to said client(s) this includes:
• If the said client(s) changes their mind on using the services of the said contractor after fee’s and deposits have been paid.
• If the client(s) changes the design or fabrication of the design after agreeing with the contractor(s)
• If the client misses any (s) or other scheduled meetings and or fitting(s)
• If both parties agree to any changes a $100.00 fee will be added to the original price of service(s) & any additional cost of material will be in addition to the "change" fee.
• If the client(s) is a NO SHOW/NO CALL MULTPILE TIMES, CONTRACT IS VOID WITH NO REFUND.
ALL SALES ARE FINAL.
In the event that you (the client) decides to utilize the services of Ireshia Brown or Isy Fashion, LLC to travel to textile locations or other locations there will be a $50.00 fee added to the total upfront at the moment that both parties agree to the terms and services of this Contractual Agreement of Consultation Fee’s and Services of Ireshia Brown or Isy Fashion, LLC.
1. My signature_________________ serves as understanding and agreement to pay the $50.00 non-refundable (Custom) $100 (Bridal) consultation fee for the information provided by Ireshia Brown or Isy Fashion, LLC for services needed on my behalf (client).
2. By signing this portion of the agreement you ARE entering into a contract requesting services from Ireshia Brown or Isy Fashion, LLC. I _________________________ on _______________________understand and hereby enter into agreement of service to be provided by Ireshia Brown or Isy Fashion, LLC. I Also accept the $50.00 fee(Custom) $100 (Bridal) to assist in travels to local suppliers for my supplies plus all other cost including time and labor provided by Ireshia Brown & Isy Fashion, LLC.
I understand that Ireshia Brown of Isy Fashion, LLC can void this contract if I reschedule my scheduled appointment multiple times or change my order multiple times.
2. ORDER PROCESS
Because all gowns are made to order, you have two options on making payment.
#1- Payment is made in full at the time the dress is ordered. (Payment is non-refundable) #2- Split the payment, in this case 60% non-refundable deposit is required and the remainder must be paid within 14 days of the dresses completion or late fees will accrue. #3- You can take the AFTERPAY option to do 4 installments.
Checks WILL NOT be accepted!!
Once you have placed the order with Isy Fashion, no changes to the gown can be made.
IF you choose to make ANY changes after the signing of this contract there will be a charge starting at $100 just to change, and additional cost will be added on garment after details are explained. My initial quote is based on your agreed design, so by changing and adding things this will change the cost of possible fabric needed, details to execute the garment, etc.…
In addition to any other right or remedy provided by law, if _________________ fails to pay for to pay the Services when due, Isy Fashion, LLC by: Ireshia Brown has the option to treat such failure to pay as a material breach of this Contract and may cancel this Contract and/or seek legal remedies.
3. SIZING & ALTERATION
The size of each person is different of course. Size is determined by the largest measurements: therefore, alterations are typically required. I am not responsible for any change in size that may occur after we have measured you. Isy Fashion, LLC does not assume responsibility for third party seamstress or cleaners, BUT I will offer ONE alteration if the client loses weight and need garment altered. IF the client gains excessive weight that requires a complete reconstruction, Isy Fashion, LL will NOT be responsible to such alterations because this may cause a complete disassemble or reconstruction of the gown. You will have to purchase a new dress and go along new purchase guidelines.
4. DELIVERY
I require 10-20 weeks to make the garments. The lead times vary depending on design. Once your gown has been completed, I will call you to schedule an appointment to pick up gown and to do a final fitting. If you paid a deposit instead of in full, final payment is due within 14 days of the gown’s completion. Please be prepared that dresses could be completed earlier than expected.
5. RETURN POLICY
Because our merchandise is made to order, there are no exchanges or refunds or transfers of deposits. All sales are final. If the gown balance is delinquent past 30 days, we will add a $50 per month finance charge, or if merchandise is left unclaimed past the date needed. The merchandise becomes property of Isy Fashion, LLC and any deposits or payments will be forfeited.
6. MISCELLANEOUS
If the prom or event is cancelled, you are still responsible for full payment of your merchandise. Dress information and instructions that will aid in the dress’s resale will be given to the customer upon pick up of the dress.
We will also allow pictures of the dress to be taken on our mannequins or models during production time as well as if the event is cancelled.
*After garment is completed client MUST pick up finished product within 7 days of completion or there will be one of the two of the following occur: (1). Storage fee of $10 per day additional, or (2). Item put up for sale.
DO NOT COME TO A FITTING WITHOUT UNDERGARMENTS ON!!!! THIS IS VERY DISRESPECTFUL AND YOU WILL BE REFUSED SERVICES &/OR YOUR CONTRACT WILL BE VOIDED!!!
*ALL BALANCES ARE DUE 2 WEEK PRIOR TO COMPLETION OF GARMENT!
*ANY MULTIPLE RESCHEDULES WILL PUSH YOU BEHIND PREVIOUS CLIENTS AND WILL CAUSE YOU TO RISK THE AGREED UPON THE DUE DATE?
*ALL RUSH ORDERS UNDER 15 DAYS WILL HAVE AN ADDITIONAL $50 ONTO THE QUOTED PRICE!
*DO NOT BRING ANY KIDS OR MULTIPLE GUEST TO CONSULTATIONS OR FITTINGS.
*YOUR GUEST WILL BE ASKED TO LEAVE OR YOU WILL BE ASKED TO RESCHEDULE IF KIDS ARE PRESENT. THIS IS FOR SAFETY PURPOSES AND PROTECTION.
SCOPE OF WORK. The Fashion Designer agrees to perform such consulting, advisory and related services specified at last page in this Agreement ("Description of Services").
Materials are to be picked by the Isy Fashion, LLC by: (Ireshia Brown) however, approved by the client. This includes agreement of any photos or videos of the materials via text message, video call, or email.
7. TERM. Term. This Agreement shall commence from the date this Agreement is signed by both parties and shall continue until the scope of work defined in the Description of Services is completed (such period, as it may be extended or sooner terminated in accordance with the provisions of Section 4, being referred to as the ("Service Period").
8. CONFIDENTIALITY. Isy Fashion, LLC by: Ireshia Brown, and its employees, agents, or representatives will not at any time or any manner, either directly or indirectly, use the personal benefits of ___________________or divulge, disclose, or communicate in any manner, any information that is proprietary to___________________. Isy Fashion, LLC by: Ireshia Brown and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. Any oral or written waiver by _____________________of these confidentiality obligations which allows Isy Fashion, LLC by: Ireshia Brown to disclose __________________________ confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.
9. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application, or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
10. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 60 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
11. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other part prompt written notice of such event, then then obligation of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party committed, omitted or caused by such party, or its employees, officers, agents, or affiliates.
12. ARBITRATION. Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with then-current Commercial acceptable Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.
13. ENTIRE AGREEMENT. This contract contains the entire agreement of the parties, and there are no others promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
14. SERVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
15. AMENDENT. The Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.
16. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of Texas.
17. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
18. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
19. ATTORNEY’S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney’s fees and costs, both in trial court and on appeal.
20. CONSTRUCTION AND INTERPERTATION. The rule requiring construction or interpretation against the drafter in waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
21. Isy Fashion,LLC by: (Ireshia Brown) Has the right to refuse service if the Client is behaving out of conduct and preventing Isy Fashion, LLC by:(Ireshia Brown) from completing her contracted job duties
22. Isy Fashion,LLC by: Ireshia Brown will ONLY service the paying client request according to the invoice & contract agreement. No other party will give Isy Fashion,LLC by: Ireshia Brown direction or instructions unless an agreement between the paying client or, if the client is a minor, in which only one guardian will communicate with Isy Fashion, LLC by: Ireshia Brown.
23. Deposit: This fee includes the clients Materials for the requested garment and any funds left will go towards the service fee. The Deposit Fee is $________. ALL DEPOSIT ARE NON- REFUNDABLE
24. Service Fee: The following service fee relates to the labor as it relates to the garment requested. The Service Fee with be based off of STYLE, SIZE, AND, LENGTH OF TIME spent of the requested garment. The Service Fee is $_______.
25. Traveling Fee: This fee is for travels in which Isy Fashion, LLC have to travel to retrieve materials or conduct fitting that requires the use of her personal vehicle.
26. Material Cost $____________ Remainder $ _______ (if any) or Overage $_________.
27. PAYMENT. Payment shall be made to _Ireshia Brown_, in the amount of $_______ upon completion of the services described in this contract.
In addition to any other right or remedy provided by law, if _______________________ fails to pay for the services when due _____________(date), __Isy Fashion, LLC _ has the option to treat such failure to pay as a material breach of this contract, and may cancel this Contract and/or seek legal remedies. Any products/ garments made will be held until paid in full.
28. DISCLAIMERS. Isy Fashion, LLC by: (Ireshia Brown) DOES NOT REPLICATE ANY OTHER DESIGNER(S) DESIGNS. THE DESIGN CAN ONLY BE USED FOR INSPIRATION.
29. DEFAMATION. The client agrees to not use Isy Fashion, LLC by: (Ireshia Brown) to “Defamation of character” The client cannot write or speak of any negative slander or libel on any social media platforms, written statements, or verbal attacks against Isy Fashion, LLC by: (Ireshia Brown). For example, any Written defamation is called “libel” while spoken defamation is called “slander.” Because written statements last longer than spoken statements, most courts, juries, and insurance companies consider libel more harmful. Isy Fashion, LLC by: Ireshia Brown) will have the right to refuse service and/ or pursue legal action.
DESCRIPTION OF SERVICES. Beginning on _________________, _Isy Fashion, LLC_ will provide to ____________________ (client) the following services.
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.
All services will be completed by Isy Fashion,LLC by the following date. ____________________.
By signing below the Client agrees to all the terms and conditions of this Contract Agreement.
Client:
___________________________ Date:
Witness:
__________________________ Date: _______________
Witness:
___________________________ Date: _________________
By signing below the Service Provider agrees to render all services as requested and paid for by the Client(s).
Service Provider:
Ireshia Brown
_________________________ Date: ___________________