WARDROBE THERAPY AGREEMENT
This Agreement is entered into between yourself and Kendra Sew Fine, a Limited Liability Company with its principal place of business at 5420 East Burgess Ave, Indianapolis, IN 46219 (“Seamstress”). You” and “your” refer to the individuals who sign this Agreement, “we”, “our” and “us” refer to the Seamstress. You agree to the terms below, provided any such term is not prohibited by the law of a jurisdiction covering this Agreement, which case law such controls.
1.1 Wardrobe Plan. Please initial next to your desired wardrobe therapy services plan (“Wardrobe Plan”).
_____ Full-Day Wardrobe Therapy Plan
Fee: Sixteen Hundred Dollars ($1600.00)
Eight (8) Hours of Wardrobe Organization Consultation
Sixteen (16) Garment Alterations
Initial Fitting and One (1) Follow Up Two-Hour Fitting Appointment
_____ Half-Day Wardrobe Therapy Plan
Fee: Nine Hundred Dollars ($900.00)
Four (4) Hours of Wardrobe Organization Consultation
Nine (9) Garment Alterations
Initial Fitting and One (1) Follow Up Two-Hour Fitting Appointment
_____ Fit & Go Two-Hour Alteration Plan
Fee: Five Hundred Dollars ($500.00)
Five (5) Garment Alterations
Initial Fitting and One (1) Follow Up Fitting Appointment
1.2 Projected Timeline. We estimate that we will be able to complete the Wardrobe Plan within two (2) weeks after your scheduled appointment. Please note, this is an estimation and additional time may be required if you exceed your selected Wardrobe Plan’s provided number of alterations.
1.3 Scope Changes. Any changes to the scope of this Agreement require a separate written and signed agreement.
1.4 Term. This Agreement shall commence upon the date below and shall remain in effect until your Wardrobe Plan is completed and your Garments delivered.
2. WARDROBE ORGANIZATION CONSULTATION
2.1 Wardrobe Organization Consultation. Based upon the Wardrobe Plan you have selected, we will work with you to go through every Garment in your closet to identify whether it requires Alteration, Haul-Away, or Consignment services. Please be aware that we may bring additional members of our staff with us to your home to complete these services.
2.2. Alteration Service. Based on the Wardrobe Plan you selected above; we provide a select number of alterations. Any Alterations that exceed your selected Wardrobe Plan’s number of alterations will incur additional expenses per our attached Alterations Price page. All Garments that require alteration will be marked, measured, and recorded in the attached Addendum B.
2.2.1 Garment-Making. We define dressmaking as making any changes to the general shape and form of your Garment. Garment-Making is not included within the provided services. If during your Wardrobe Organization Consultation you identify any Garment-Making that you would like us to perform, we will provide you further information on how we offer this service.
2.3 Haul-Away Service. As part of your Wardrobe Plan, we will work with you to identify any garments that you wish to donate or throw away (“Haul-Away Garments”). We will remove any Haul-Away Garments at no cost to you. You understand that once we have taken your Haul-Away Garments, they will be thrown away or donated per your request and we will not be able to return them.
2.4 Consignment Service. As part of your Wardrobe Plan, we will work with you to identify any garments that you wish to sell through Consignment (“Consignment Garments”). Consignment Garments will be taken to a Consignment shop of our choosing. Of the sale proceeds distributed by the Consignment sale, you agree that we will retain twenty percent (20%) and pay you the remaining eighty percent (80%) of the funds. We do not guarantee any of your Consignment Garments will sell, and any unsold items will be returned to you based on the selected Consignment Shop policy.
2.5 Marketing Materials. Subject to your reasonable approval, we reserve the right to take photographs and video for marketing materials, so that we may display our work in our portfolio and other media, exhibits, or promotional materials. If you would like to opt out of this marketing use, we ask that you please let us know in writing.
3. APPOINTMENTS & FITTINGS
3.1 Appointment Cancellations. We ask that you provide us with at least forty-eight (48) hours of notice if you need to cancel an appointment. We understand emergencies happen and will work with you to reschedule. However, if you fail to provide the requisite notice on more than on one occasion, we reserve the right to charge an Appointment Cancellation fee listed below to cover our lost time. We will schedule a new fitting, but this may delay the order due to your cancellation or postponed appointment. Should we need to cancel, we will provide you an opportunity to reschedule. If at that point you do not wish to reschedule, we will issue a refund for any work not completed by the point of our cancellation.
3.2 Initial Consultation. During our initial scheduled appointment, we will perform an initial fitting for you. We will then discuss which Garments will be altered, hauled-away, or consigned. At this time, we will schedule a time with you for your second fitting based on our projected alteration timeline.
3.3 Additional Fittings. In addition to your initial consultation, we provide you with one (1) fitting after we have altered your Garments. Additional fittings may be requested at additional cost listed below. Fittings will be scheduled at your and our convenience. Be aware that the timing of these fittings may affect our projected timeline. To ensure accuracy, at every fitting you will sign your agreement to any choices or changes made to the Garments in the attached Fitting Report.
3.4 Approval. The Garments will be deemed approved via notice, nonresponse by you within ten (10) business days, or the completion of your fittings.
3.5 Garment Return & Storage. Once the alterations have been approved and all fees have been paid, we will return your Garments to you.
4. TERMINATION & REFUNDS
4.1 Termination. This Project may be cancelled, and this Agreement terminated for convenience by either you or us effective immediately upon notice, or the mutual agreement of the parties, or for cause if any party breaches any of its material responsibilities or obligations under this Agreement, which breach is not remedied within ten (10) days from receipt of written notice of such breach.
4.2 In the event of termination, at our sole discretion we shall determine the services performed through the date of termination. You agree that you will pay a prorated portion of the fees due from this work, and an additional Administration Fee listed below. Your Garments will be returned to you as-is and we will not issue any refunds. You acknowledge that these Garments do not represent a completed product and waive any and all claims against us.
5.1 Wardrobe Plan Fee Schedule. Based upon the Wardrobe Plan you selected, you will be charged the following nonrefundable fee due upon signing this Agreement.
6.1.1 Full-Day: Sixteen hundred dollars ($1600.00).
6.1.2 Half-Day: Nine hundred dollars ($900.00).
6.1.3 Two Hour: Five hundred dollars ($500.00).
5.2 Additional Alteration Fee. Should you require additional garment alterations above those provided for in your selected Wardrobe Plan, we will provide a fifteen percent (15%) discount on our attached Addendum A – Alteration Price List for these items.
5.3 Additional Fittings Fee. Should you require additional fittings, you will be charged an additional fee of Twenty-Five Dollars ($25.00).
5.4 Appointment Cancellation Fee. Should you fail to cancel an appointment with us within the above Appointment Cancellation timeframe, you will be charged an additional fifty (50%) of the Wardrobe Plan you have selected.
5.5 Administrative Fee. Should you terminate the Wardrobe Plan for any reason after we have begun work, you will be charged an additional Administration Fee of Fifty Dollars ($50.00).
5.6 Due on Receipt. All non-Wardrobe Plan Fees shall be due upon receipt. For any invoices that are not paid, we reserve the right to charge late fees of three and a half percent (3.5%).
6. WARRANTIES & REPRESENTATIONS
6.1 By Client. You represent, warrant and covenant to us that you own all right, title, and interest in the Garments.
6.2 By Seamstress. We explicitly disclaim any warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to the Wardrobe Plan.
7.1 You agree to indemnify, save and hold harmless us from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand or action by a third party arising out of any breach of your responsibilities or obligations, representations or warranties under this Agreement.
7.2 Limitation of Liability. Our services and the work product are sold “as is.” In all circumstances, our maximum liability to you for damages for any and all causes whatsoever, and your maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to our net profit under this Agreement. In no event shall we be liable for any, lost profits, business or personal interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the Garments or services provided by us, even we have been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
8.1 Modification/Waiver. This Agreement may be modified by the parties. Any modification of this Agreement must be in writing, except that charges or fees may include, and you shall pay, expenses or costs that you authorize. Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one more instances be construed as constituting a continuing waiver or as a waiver of any other breach.
8.2 Notice. All notices shall be given in writing, via electronic mail with return confirmation of receipt, and shall be sent to the addresses identified below, unless notification of change of address is given in writing. Notice shall be effective upon receipt, confirmation of receipt, or substantive reply by the recipient.
8.3 Forum. The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United States and the state of Indiana. If a dispute arises out from this Agreement and is unable to be resolved, either party may commence mediation and/or binding arbitration through the American Arbitration Association, or any other forum mutually agreed to by the parties. The prevailing party shall be entitled to recover its attorneys’ fees and costs. In all other circumstances, the parties consent to the local, state and federal courts located in the state of Indiana. The parties hereby waive any jurisdictional or venue defenses available to them.
8.4 Severability. Should any provision of this agreement be held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.
8.5 Integration. This Agreement comprises the entire understanding of the parties, and supersedes and merges all prior and contemporaneous agreements, understandings and discussions between the parties relating to the subject matter of this Agreement.