This contract has been developed to protect both the designer and client. Please read through this very carefully because it is legally binding once you pay for the deposit or full payment on your garment. If you have any queries or concerns, please feel free to get in touch.
Studio consultations for all jobs are by appointment only and at a rate of R250 per consult. If the client accepts the job, this fee is then taken off from the final payment amount for the job.
Measurements of The Client will be required from the beginning of the project once the job description has been agreed up, the contract has been electronically accepted and the up font fee of 50 % has been paid. The Designer reserves the right to insist on measuring The Client in all projects so that these are done correctly. Throughout the assignment, The Designer maintains the right to complete any vital interval fittings of preliminary clothing outfits or items. If The Client is unable to allow time for these fittings, The Designer will not be held responsible for any ill-fitting clothing that occurs as a result. Any changes to correct these errors will alter the time and cost.
Any alterations, including but not restricted to, changes in colour, design, structure and length requested by the customer and will alter the time and cost. The Client shall offer the Designer the first opportunity to make any changes. The Designer maintains the right to reject any request for changes or alterations that are of a ridiculous nature, at her discretion. The Client must avoid being indecisive about the design of the item(s) at the risk of incurring urgency fees, extended timelines and redone costs and final quotes.
A 50 % upfront payment by the Client is required in order for the job to be started. The Client must pay the up front payment within a certain number of reasonable days (determined by The Designer) in order to avoid deadline extensions and/or urgency fees with the possibility of a redone quote at The Designer's discretion.
All final remaining payment invoices are payable no later than the day of delivery or collection of the garment. This payment can be via electronic means but payment must reflect before delivery or collection. The Designer maintains the right to withhold items until the invoice and any incurred service fees are paid in full by The Client.
If The Client fails to make full payment within 80 days of the invoice being issued, regardless of whether or not the garment has been collected, The Designer maintains the right to consult a legal route. The Client shall assume responsibility for cost outlays by designer in all collections of unpaid fees (late payment service fees included) and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.
In the event of cancellation of this assignment, the Designer shall retain ownership of all copyrights and original artwork. A cancellation fee for work completed up until the time of cancellation must be paid. All expenses already incurred up until this point, must be paid for by The Client. A 100 % cancellation fee is due once the project has been finished, whether delivered to the client or not. If the project is on an hourly basis and the project is cancelled by the client, the client agrees to pay no less than 100 % of the hours already billed for the project at the time of cancellation plus a flat fee of 50 % of the remaining hours that were expected to be completed on the project.
If The Client wishes to cancel after the up front fee has been paid, the flat free amount or the payment for work done so far as well as the included cancellation fee of 50 % of the remaining expected work will be removed from the amount paid and the remainder will be paid back to The Client.
Once the Client has asked the Designer to supply the final item(s), the item(s) will be recognized as checked and approved by The Client and The Designer will not be held liable for any errors overlooked or further alterations that may arise without a new cost estimate and final quote being drawn up.
The Designer maintains the right to charge the client up front for an urgency hours fee of an added R100 per hour for work expected by the client within restrictive/difficult time frames. The Designer upholds the right to reject any extra work added to the job by the client that puts impossible pressure on The Designer to complete the job within a restricted time frame. Any added work requires a new cost estimate and final quote with the possibility of incurred urgency fees.
The Designer requires proof of communication/instruction between the Client and The Designer and maintains the right to insist, at any time, on communication taking place in a written electronic format such as email.
The Designer maintains the right to display any photographs and illustrations of items created that have been done for The Client, for usage in promotional online portfolios and any other social media and printed platforms at their discretion. In the event of an item such as wedding gown, The Designer will respectfully keep any imagery under wraps until after the wedding day. Any other circumstance must be agreed to by both parties in writing.
The Designer and any other creators shall receive a credit line with any photographs of clothing items or outfits for editorial usage or events and competitions alike. If similar credit lines are to be given with other types of usage, it must be indicated at The Designer's discretion.
The Client shall indemnify the Designer against all claims and expenses, including attorney's fees, due to the uses for which no release was requested in writing or for uses that exceed authority granted by a release.
Modifications of the terms of this contract must be written and authorized by both parties, involving the implementation of a new version of the contract as a whole following standard procedures of documentation and approval.
The Designer warrants and represents that, to the best of her knowledge, the work assigned hereunder is original and has not been previously copyrighted (this includes but is not restricted to copyrighted clothing designs, photographs or artwork used for print design purposes etc.), or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned form third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Designer has full authority to make this agreement; and that the work prepared by the Designer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Designer's creations that may infringe on the rights of others. Client expressly agrees that it will hold the Designer harmless for all liability caused by the Client's use of the Designer's product to the extent such use infringes on the rights of others.
Client agrees that it shall not hold the Designer liable for any incidental or consequential damages that arise from the Designer's failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused intentional or negligent acts or omissions of the Designer or Client, any client representatives or employees, or a third party.
The Designer maintains the right to break the contract with The Client for a number reasons including but not restricted to illegal activity, dishonesty, a conflict of interests and, insistence of plagiarism by The Client. The Client and The Designer maintain the right to meet a mutual agreement to terminate the contract, but it must be done in agreement of both parties in writing.
Any disputes in excess of maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator. The Client shall pay all arbitration and court cost, reasonable attorney's fees, and legal interest on any award of judgment in favor of the Designer. All actions, whether brought by client or by designer will be filed in the designer's city of business/residence. This contract is held accountable to the legal system of Johannesburg, South Africa and any applicable statutes held therein.
The action of the upfront 50 % payment and sending and receipt of this agreement via personal and electronic method will hold both parties in acceptance of these terms. The Designer as sender and the client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or face-to-face acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding.