Please read carefully and understand the terms of this agreement for your custom gown.
Review this contract thoroughly before paying for your invoice, as this is the official agreement between you and LVLY Bride. When you pay for your invoice, you have agreed to the below written terms and conditions. If you have any questions, please feel free to contact us below.
Custom Gown Official Online Contract
This Independent Custom Gown Agreement (“Agreement”) is made by and between The client (“The client”), and LVLY Bride (“Dressmaker”).
This Custom gown official online contract for custom gowns may act as an official contract between Tynisha Vargas, individually or by and through her business LVLY Bride and the Recipient/ Client in connection with their purchase(s) for a custom gown. (Recipient/ Client refers to any person that has paid for an invoice. Invoice must be submitted on behalf of LVLY Bride or any employed team members).
Project(s) & Work. The specific project(s) for which the client engages LVLY Bride for in are set forth in Schedule 1.0 hereto as the same may be revised from time to time between the parties.
2. CHANGE ORDERS
When the client orders in writing, LVLY Bride, without nullifying this Agreement, shall make any and all changes in Work, which are within the general scope of this Agreement. Any adjustment in the LVLY Bride amount of compensation or time of performance shall be authorized by a Change Order. No adjustments shall be made for any changes performed by LVLY Bride that have not been ordered by the client. A “Change Order” is a written instrument prepared by LVLY Bride and signed by stating their agreement upon the change in the Work. If commencement and/or progress of Work is delayed without the fault or responsibility of LVLY Bride, the time for Work shall be extended by Change Order to the extent obtained by the client, and the progress schedule shall be revised accordingly. In the event the client and LVLY Bride cannot reach an agreement as to the value of the additional work, the client may direct LVLY Brideto perform such work, compensating LVLY Bride for all its direct labor, materials, equipment plus % determined by LVLY Bride for overhead and profit as full compensation for additional work.
The client agrees to pay LVLY Bride the Dressmaker's time and materials at rates and in amounts set forth in Schedule 1.0 hereto. The client may require LVLY Bride to submit periodic updates to their progress profile upon substantial completion of its Work or any milestones that have been completed. Milestones shall be updated autonomously. LVLY Bride acknowledges and agrees that LVLY Bride shall be paid in full before the custom gown is shipped to the client.
4 WAIVER OF CLAIMS
Final Payment shall constitute a waiver of all claims by LVLY Bride relating to the Work but shall in no way relieve LVLY Bride of defective work discovered after final payment. The waiver of claims must be on behalf of LVLY Bride. Any elements the client finds defective that are specific to the sewing techniques used to construct, LVLY Bride shall be held responsible.
5. Termination by the client for Cause.
If LVLY Bride repeatedly fails or neglects to carry out the Work in accordance with the applicable documents or otherwise to perform in accordance with this Agreement and fails within a six-month (180 days) period after receipt of notice to commence and continue correction of such default or neglect with diligence and promptness, The client may, by notice to LVLY Bride and without prejudice to any other remedy the client may have, terminate this Agreement and finish the Work by whatever method the the client may deem expedient. If the unpaid balance of the Work by LVLY Bride in this Agreement exceeds the expense of finishing the Dressmaker's Work and other costs incurred by the client and not expressly waived, such excess shall be paid to the LVLY Bride.
Upon receipt of notice of termination, LVLY Bride shall cease operations as directed by the client in the notice; take actions necessary, or that the client may direct, for the protection and preservation of the Work; and except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing sub-subcontracts and purchase orders and enter into no further sub-subcontracts and purchase orders.
5.1 Termination by LVLY Bride.
LVLY Bride may terminate this Agreement for nonpayment of amounts due under this Agreement or if Work is stopped for fourteen (14) days or longer by providing the client seven (7) days prior written notice. In the event of such termination by LVLY Bride for any reason which is not the fault of LVLY Bride, LVLY Bride shall be entitled to recover from Dressmaker payment for Work satisfactorily performed but not yet paid plus the cost of materials provided, through the date of termination.
5.2 Late Payment by The Client.
LVLY Bride may terminate this Agreement for late payment of amounts due under this Agreement or if Payments are made late. Failure to make payments on time may result in delayed construction. If an official invoice has been issued to the client and the initial payment has not been submitted within the invoice deadline, the client agrees and understands this may cause delayed construction and that it may result in a later than discussed date of completion. LVLY Bride is not responsible for the client's late payment if the invoice of the full amount of the custom gown has been rendered in a timely manner. LVLY Bride is not responsible if any other payment(s) required to continue construction are not made on time. In the event of such termination by LVLY Bride for any reason which is not the fault of LVLY Bride, LVLY Bride shall be entitled to recover from Dressmaker payment for Work satisfactorily performed but not yet paid plus the cost of materials provided, through the date of termination.
6. Confidentiality & Non-Circumvention.
LVLY Bride in the performance of the Work may be exposed to, learn of or be disclosed certain of the client's business methods, marketing strategies, pricing, know-how, business plans, trade secrets and other data and information that the client deems to be confidential (collectively “Confidential Information”). LVLY Bride, for itself, and its employees, agents, and volunteers, agrees to keep and maintain such Confidential Information confidential and to not disclose such Confidential Information to any person or entity who do not have a need to know, except in furtherance of performance of LVLY Bride's Work hereunder, without the express written consent of the client. Notwithstanding the foregoing, Confidential Information shall not include information or material that (i) is publicly available or becomes publicly available through no action or fault of LVLY Bride, (ii) was already in the LVLY Bride’s possession or known to LVLY Bide prior to being disclosed or provided to LVLY Bride by or on behalf of the client, provided, that, the source of such information or material was not bound by a contractual, legal or fiduciary obligation of confidentiality to the non-disclosing party or any other party with respect thereto, (iii) was or is obtained by LVLY Bride from a third party, provided, that, such third party was not bound by a contractual, legal or fiduciary obligation of confidentiality to the non-disclosing party or any other party with respect to such information or material, or (iv) is independently developed by LVLY Bride without reference to the Confidential Information. The client does not have the right to submit or disclose any sketch (Preliminary or final sketches) completed by LVLY Bride to any other dress maker or vendor to receive a quote for a replica of LVLY Bride's design. The client agrees to refrain form sharing images of our completed sketch on all social media platforms for any reason. Failure to do so will result in a five-thousand dollar fine ($5,000.00).
6.1 In the course of working with the LVLY Bride, the client may also learn of certain projects, work or other business opportunities, including the identity and contact information of a party seeking a quote or proposal, available to LVLY Bride, or for which LVLY Bride may submit a bid or proposal that may or may not include the client's work proposal. The client, for itself, and its, agents, and volunteers, covenants to not utilize such information for its own benefit and agrees to non-circumvent LVLY Bride by submitting a competing bid or attempting, directly or indirectly, to obtain the work which LVLY Bride is seeking. the contact information of another client may not be shared with other 3rd parties for any reason.
6.2 The client hereby agrees that its breach or failure to perform any obligation or duty in this Section 6.1 may cause irreparable harm to LVLY Bride, which harm cannot be adequately compensated for by money damages. It is further agreed by The client that an order of specific performance or for injunctive relief against LVLY Bride in the event of a breach or default under the terms of this Section 6 would be equitable and would not result in a hardship on LVLY Bride. Accordingly, in the event of a breach or default by either party hereunder, LVLY Bride, without any bond or other security being required and in addition to whatever other remedies are or might be available at law or in equity, shall have the right either to compel specific performance by, or to obtain injunctive relief against, the other party, with respect to any obligation or duty herein or breach thereof.
7. RETURNS & REFUNDS
LVLY Bride Agrees upon payment of an invoice specific to a custom gown that is sent to the client, to preform in a workmanship manner. the client agrees that LVLY Bride does not accept returns, grant refunds, or allow exchanges for custom gowns or custom gowns with custom measurement submissions. the client understands and agrees that LVLY Bride is not legally responsible for the visual color of the outcome of the gown if the client has selected their own materials to construct their custom gown. This (materials) includes any custom beading design, custom lace produced by embroidery, illusion mesh tulle, tulles, crepe, denim, lace, leather, satin, linen, floral appliqué, any stones used for stone placement, or any other types of materials we carry or use to construct a custom gown. The client agrees that in the event they have received their gown, and it does not depict the sketch in color, the client cannot legally file a lawsuit.
LVLY Bride does not accept returns, grant refunds, or allow exchanges for custom gowns if the client has approved over 75% of milestones required to construct their custom gown. Milestones may vary depending on the dress design. The term 'Milestones' will include the following tasks needed to complete a custom gown when applicable to the necessary requirements needed to construct the client's custom wedding gown:
Mock Bodices or any other mock pieces used before construction
Constructing any required pieces together to complete the gown (Bodices, Sleeves, Skirts, corsets, built in crinolines, zippers etc.)
LVLY Bride agrees to remain in communication with the client throughout the entire process of the project during the business hours of 9:00 a.m.- 6:00 p.m. CST. Acceptable forms of communication with the client would be referred to as any inquiries regarding the client's ongoing project, payment inquiries, change order inquiries, custom sizing inquiries, live (products actively being sold online or on our e-commerce profiles across various mobile applications product inquiries. LVLY Bride has the right to inform clients of tasks that out outside the dressmaker's or any other employed LVLY Bride team member's job description.
Except for disputes arising under the provisions of Section 6.0 above, the parties shall endeavor to resolve any claims or disputes that may arise hereunder between themselves within 30 days from the date that a dispute arises. Except for disputes arising under the provisions of Section 6.0 above, if the parties cannot resolve their dispute within that timeframe, then the parties shall submit their dispute to binding mediation administered by civil court to recover monetary compensation in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement and filed with the person or entity administering the mediation. The losing parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in Chicago, Illinois, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
1. Titles and Captions. All section titles or captions contained in this Agreement are for convenience only and shall not be deemed part of the context nor effect the interpretation of this Agreement.
2. Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Parties.
3. "Days." All references to "days" herein shall mean calendar days unless otherwise specified.