Terms and Conditions
Jordynn Marie Brands
Terms and Conditions
Jordynn Marie Brands (“Company”) and the Client (referred to as “Client,” “you” or “your”; collectively Company and Client may be referred to as “Parties”) listed on the relevant agreement this is attached to agree to be bound by these Terms and Conditions (collectively, with these terms and conditions, the “Agreement”), effective as of the date the Agreement is signed (“Effective Date”).
Services.
Company will meet with Client to discuss desired garment, take Client’s measurements, design a pattern, order fabric, and construct a Toil, and a final Garment for the Client (“Services”). The Services will be provided based on the information provided in the Agreement, and the information gathered in the Consultations and Fittings. It is imperative that Client attend each Consultation and Fitting, provide the required information, any feedback, or any concerns on the scheduled Consultation or Fitting date, and provide the payments as specified in the Agreement for the Company to provide the Services.
Client must vocalize any concerns about the Garment or the Services during the Consultations or Fittings. If Client is unhappy with the Services at any point, Client must make their concerns known to Company immediately. If a concerned about the Services is raised, the Client and Company will work together to resolve. If the Event Date changes, Client must provide Company with notice immediately of the new date. Client and Company will work together to determine a timeline for completing the Garment consistent with the new date, if possible.
Should there be an event outside of the Company’s reasonable control that prevents the Company from completing the Garment on the Completion Date, a reasonable adjustment to the Completion Date will be made. Company will make a reasonable effort to adjust the Completion Date in cooperation with Client, but Company will have final authority to set or adjust as appropriate the Completion Date.
Payment Terms.
Client understands that the Garment Cost is based on multiple factors, including the complexity of the design, quality and type of fabric, and other considerations. Client understands that once a payment is made on the schedule stated in the Agreement, that payment is non-refundable. Client relies on the payments made as stated in the Agreement to order supplies and dedicate time to create the Garment.
Cancellation of an Agreement in progress may incur charges. There will be an additional 10% charge levied by Company for cancelled Agreement. All Garment sales are final and non-refundable.
Garment Warranty.
Company represents and warrants that it will provide the Services in a good and workmanship like manner, and that the Services will meet generally applicable industry standards. The Garment is guaranteed against any defects in Garment construction under normal wear and tear for a period of one-year. Client’s sole remedy in the event of such defect shall be a repair. Client must promptly provide notice to Company of any defect, and the Parties will work together to arrange for repair. EXCEPT AS EXPRESSLY STATED IN THIS SECTION, COMPANY PROVIDES ALL THE SERVICES AND GARMENT “AS IS” AND DOES NOT PROVIDE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND RELATING TO THE SERVICES AND GARMENT, EXPRESS OR IMPLIED, STATUTORY OR OTHER.
Once the Garment is complete, should sizing fluctuate after the Final Fitting, and alterations are required, the alteration costs will be at the expense of the Client.
Intellectual Property; Confidentiality.
We agree that all information disclosed by either Client or Company regarding the Garment is considered confidential and will remain private between the Company and the Client. Once the Agreement has been fulfilled, the ownership of the final Garment belongs to the Client. However, the pattern and design and any other intellectual property or other rights related thereto are owned by Company (“IP”). Client understand that Client does not have any right to the Company’s IP, and that Client cannot and will not recreate the IP, sell the IP, or otherwise infringe on the Company’s IP.
Limitation of Liability; Indemnification.
In the event Company is found liable to you for any costs, damages, or other liabilities related to the Agreement or the Services, the aggregate amount of such liability shall not exceed the amount you paid to Company for the specific Agreement for the Services giving rise to such claim less all third party costs and expenses incurred by Company in connection with the provision of such Services. In no event shall Company be liable for consequential, special or incidental damages in connection with the Services or the Agreement.
You agree to indemnify, defend, and hold Company and its employees, owners, governors, agents, and representatives harmless from and against any and all claims, losses, damages, liabilities, or other costs related to or arising out of your breach of the Agreement, negligence, or willful or wanton conduct.
Subject to the limitations set forth herein, Company will indemnify and hold you harmless for any damages awarded to a third party against you arising directly out any claim by a third party that the Company IP or the Garment infringes any intellectual property right of a third party. However, Company will not have this obligation to the extent it arises out of modification of the Garment or Company’s IP by someone other than Company without Company’s written approval.
The party requesting indemnification must notify the indemnifying party of its potential right to defense and indemnification in writing detailing the claim as soon as practicable after learning of the claim. If it accepts the defense, the indemnifying party shall control the defense and resolution of the claim, including the selection and retention of counsel. The party requesting indemnification shall cooperate in the defense and resolution of any claim at the expense of the indemnifying party. Failure to provide such cooperation shall relieve the indemnifying party of its obligations under this Section. The party requesting indemnification may participate in and observe the defense and resolution of any claim with its own counsel at its sole cost and expense. The indemnifying party shall not settle the claim in a manner that materially adversely affects the indemnified party without its consent, which shall not be unreasonably withheld.
Term; Termination.
This Agreement begins on the Effective Date and remains in effect until the Services for any Agreement are complete, or until terminated by a party.
Either party may terminate this Agreement without cause upon no less than 10 days’ written notice to the other party. If Client terminates this Agreement any time after the Third Consultation, Client will be responsible for paying the Garment Cost in full.
If a party believes the other party is in breach of this Agreement, the non-breaching party must provide notice to the other party of the breach. The other party will have 10 days to cure the breach, or longer if the parties agree. If the party is not able to cure the breach in the amount of time agreed upon, the non-breaching may terminate this Agreement.
Upon any termination, with or without cause, all amounts due as of such termination shall remain due and payable in full. All amounts past due shall incur interest at a rate of 1.5% per month or the greatest amount allowable by law, whichever is less from the due date until paid.
Personal Information.
In order to provide Services to you, Company may collect and process certain information received from you, such as you name, address, and phone number (“PII”), but in each case only in accordance with relevant law. This information shall be stored and processed using technical, physical, and administrative safeguards. You may refuse to provide PII at your discretion, however, such refusal may impede your use of the Company website or Services. The Company’s website is not designated for children, and it does not knowingly collect information from any person under the age of 13. You may have your PII removed from Company’s marketing lists (if any), by emailing the Company.
You represent and warrant (i) that you fully comply with applicable law governing the privacy and security of PII, including but not limited to, the General Data Protection Regulation (“GDPR”), and the California Privacy Rights Act of 2020 (“CPRA”) and; (ii) that, if you do provide any personal data to Company, You have obtained the personal data from the data subject(s) for a lawful purpose and in accordance with the relevant requirements of the applicable privacy law.
Access and Correction Rights.
California Civil Code § 1798.83 permits users that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact the Company.
Disputes.
If a dispute arises out of or relates to this Agreement or any Agreement, the parties agree to engage management in direct discussions in good faith to attempt to resolve the dispute. If the parties are unable to resolve amicably, the parties may seek any remedies available at law or equity, and agree the non-prevailing party will pay reasonable costs and attorneys’ fees of the prevailing party. This Agreement shall be governed by the laws of Minnesota without regard to choice or conflicts of law principles and any dispute related to this Agreement or the Services will be exclusively heard in the State of Minnesota.
Waiver.
Unless Company agrees otherwise in writing, Company’s failure or election to not enforce any provision under the Agreement shall not be deemed a waiver of such rights or a waiver of any other rights under this Agreement, and any waiver by Company shall only be valid if in a writing signed by an authorized representative of Company.
Severability.
In the event that any provision of the Agreement is deemed unenforceable, then that unenforceable provision shall be stricken from the Agreement and the remaining provisions of the Agreement shall be enforceable to the extent possible. Such unenforceable provision shall be automatically modified to the minimum extent required to be enforceable and shall thereafter be fully enforceable.
Assignment.
You are not permitted to assign your rights under the Agreement without Company’s written consent, which will not be unreasonably withheld. Company shall be permitted to freely assign its rights under this Agreement with notice.
Notice.
Unless otherwise specified in writing, any notice required or permitted under the Agreement shall be in writing and shall be deemed given when: (a) personally delivered and upon obtaining a signed receipt; (b) when deposited in the United States mail, first-class, certified or registered, postage prepaid, addressed to the respective party; or (c) provided that e-mail correspondence has been used between the parties, and further provided that it is delivered to an authorized representative of such party, then notice shall be deemed given on the date delivered by e-mail if prior to 5:00 pm CST, or if after 5:00 pm CST notice shall be deemed given on the following business day. The address for notices to Company shall be the then current contact address on the Agreement. The address for notices to you shall be your then current billing or e-mail address as provided to Company on the Agreement or as updated in writing.
Counterparts and Electronic Signature.
You and Company may sign separate copies of the Agreement and those signatures taken together shall be deemed one fully signed document. Digital images of signatures (i.e. Portable Data Format, Tagged Image File Format, etc.) or images of signatures sent by facsimile are acceptable to, and may be relied upon by, the parties. You and Company may also execute the Agreement using electronic signature software, such as DocuSign, which sufficiently verifies the date and identity of the signer.
Image Release.
You hereby grant the Company the right to take photographs and video footage of me and the Garment and to use and publish these photos or videos in print and/or electronically, for any lawful purpose, including without limitation publicity, illustration, advertisement, web content, or other uses. You understand that no additional consent or permission shall be required prior to such use. You hereby release the Company and its representatives, employees, from any and all liability directly or indirectly resulting from the taking and processing of such film, video recordings, photographs, audio recordings, or other reproductions, and the use thereof. You agree that all of said film, video recordings, photographs, audio recordings and other reproductions, and the negatives thereof, shall constitute Company’s property, with full right of disposition in any manner whatsoever. You authorize Company to alter, edit, copy, exhibit, publish, distribute, or otherwise use any and all photos, videos, or other images of me while at a Consultation, the event for which the Garment is produced or otherwise involving me and the Garment.