PARTIES

This Fashion Design & Production Contract (hereinafter referred to as the “Agreement”) is entered into on  by and between   hereinafter referred to as the “Client”) and   (hereinafter referred to as the “Designer”) (collectively referred to as the “Parties”).

 

PROJECT DESCRIPTION

The Parties agree that the Designer will deliver the following services:

Fashion Design including all things encompassing the realm of design. Such as but not limited to technical sketching, trend research, competitor analysis, package design, and 3D clothing renderings.

 

The Parties agree that the Designer will deliver each service within 3-5 business days upon receipt of the design request. Most requests are fulfilled within 3 days, however, some may take longer requiring 5 days.

 

APPROVALS

The Designer agrees to obtain the consent of the Client for any changes or updates prior to submitting the final work for approval. The Client understands that modifications take additional business days outside of the initial 3-5 business day delivery.

 

FEES

The Parties agree that the total cost of the services will be $3950/mo, where the full amount will be paid at the beginning of each billing cycle.

The Parties agree that the means of payment will be via the attached invoice.

The Client understands that due to the nature of this work, refunds are not permitted. The Designer will work to reach The Client's level of satisfaction.

 

TERMINATION

This Agreement may be terminated in the event that any of the following occurs:

  • Client's Subscription: The Client may choose to pause or cancel their subscription at any time for any reason by providing written notice to the Designer.

  • Breach: Either Party may terminate this Agreement immediately in the event that the other Party breaches this Agreement. A breach is defined as non-payment, or failure to deliver services, and shall require the non-breaching Party to provide written notice to the breaching Party. If the breach is not cured within 21 days from the date of receiving such notice, this Agreement shall terminate.

  • Automatic Termination: This Agreement will automatically terminate if the Client chooses to cancel their membership subscription unless otherwise agreed in writing by both Parties.

 

CONFIDENTIALITY

All terms and conditions of this Agreement and any materials provided during the term of the Agreement must be kept confidential by The Designer unless the disclosure is required pursuant to the process of law. 

Disclosing or using this information for any purpose beyond the scope of this Agreement, or beyond the exceptions set forth above, is expressly forbidden without the prior consent of the Client. 

This section will remain in full force even after the termination of this Agreement for a period of 90 days.

 

OWNERSHIP

The Parties agree that all work created by the Designer in the process of performing the services will remain the exclusive property of the Client, where he/she can use it without any restrictions.

 

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia and  .

 

REPRESENTATION AND WARRANTIES

The Parties agree and disclose that they are fully authorized to enter this Agreement. Both Parties’ performances and obligations are not to violate the rights of any third party or else violate other, if any, agreements made between them and/or any other organization, person, business or law/governmental regulation.

 

DISCLAIMER OF WARRANTIES

The Designer commits to delivering the Services specified in this Agreement in accordance with the Client's provided requirements and specifications. However, it is important to note that the Designer cannot guarantee any specific outcomes, including but not limited to increased sales, exposure, brand recognition, profits, or other benefits resulting from these Services.

Please understand that while we will make every effort to meet your expectations, the Designer cannot be held responsible if the delivered work does not lead to your desired results. Achieving specific outcomes often depends on various external factors beyond our control.

 

LIMITATION OF LIABILITY

Under no circumstances will either party be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or another form of action) in the event that such is not related to the direct result of one of the Parties’ negligence or breach.

 

AMENDMENTS

The Parties agree that any amendments made to this Agreement must be in writing, where they must be signed by both Parties to this Agreement. 

Accordingly, any amendments made by the Parties will be applied to this Agreement.

 

ENTIRE AGREEMENT

This Agreement contains the entire agreement and understanding among the Parties to it with respect to its subject matter, and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to its subject matter. The express terms of the Agreement control and supersede any course of performance and/or usage of the trade inconsistent with any of its terms.

 

SEVERABILITY

In the event that any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain in force in accordance with the Parties’ intention.

 

IN CONCLUSION

The Parties hereby agree to the terms and conditions set forth in this Agreement and such is demonstrated upon Client’s payment & subscription activation.