Terms of Service for Costume Commissions by Melissa Mendelson Art
Last update: 8/30/2019
Service Agreement
This agreement between ____ (hereinafter referred to as "Client") and Melissa Mendelson of Melissa Mendelson Art (hereinafter referred to as "Service Provider") pertains to the following:
Client's Full Legal Name:
Client's Shipping Address:
Client's Phone Number:
Client's Email Address:
Description of Client's Project:
For good and valuable consideration, the parties agree as follows:
Age Verification
Client affirms that they are 18 years of age or older on the date of acceptance of this Service Agreement. Client agrees to provide Service Provider with a copy of government-issued ID for age verification or a notarized copy of this document, as requested by Service Provider. Client agrees to provide this information or physical notarized document, mailed to the Service Provider, within 14 days of request by the Service Provider.
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Non-Refundable Retainer Fee
Client agrees to pay Service Provider a non-refundable Retainer Fee in the amount of $___ USD, equal to 50% of the total Project cost, to be paid in full within 7 days from date of acceptance of Service Agreement, and prior to the start of the Project. Client understands that the Retainer Fee compensates Service Provider for time spent in communication with Client, Project research and development, and materials purchased for the Project. After the Retainer Fee is received, Client understands that no further design changes or edits may be made to the Project design. Client understands that in the event the Project is canceled after providing the Retainer Fee, the Retainer Fee will not be returned or refunded. Unless otherwise agreed in writing, if Client fails to pay in full within 7 days after Service Provider sends the Retainer Fee invoice, Client understands the Project will be considered abandoned, and canceled.
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Remaining Project Balance
Client agrees to pay the Remaining Project Balance of $___, equal to 50% of the total Project cost, before work begins on the Project. The Client agrees to provide the Remaining Project Balance within 14 days after Remaining Project Balance invoice is sent to Client. Unless otherwise agreed in writing, if Client fails to pay in full within 14 days after Service Provider sends the Remaining Project Balance invoice, Client understands the Project will be considered abandoned, and canceled without refund. In the event of an abandoned Project, Service Provider reserves the right to edit, sell privately, sell at auction, or discard Project at their sole discretion.
Early payment of Remaining Project Balance does not entitle Client to early completion, automatic rush scheduling, or any other benefits.
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Payment
Retainer Fee, Remaining Project Balance, and all other Project fees are accepted via credit or debit card through Square, Inc. invoices.
If Client chooses to utilize it, payment plans for all Project fees are offered solely through Square Installments, offered through Square, Inc. Service Provider will provide information and an application link if the Client chooses this method of payment. If Client is ineligible for Square Installments, or chooses not to utilize Square Installments, Client must pay in full via credit or debit card.
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Credit/Debit Card Authorization
Client affirms that they are an authorized user on the credit or debit card, or any other form of payment, used for all Project fees (including Retainer Fee and Remaining Project Balance). If Client's full legal name does not match the legal name of the account holder on the credit or debit card, the account holder is required to fill out, notarize, and return a signed Payment Authorization Form within 3 days of request by Service Provider. If Client fails to provide proof of authorization, payment, apart from the Retainer Fee, will automatically be refunded and Project cancelled.
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Required Measurements, Reference, and Client-Provided Materials
Client agrees to provide and/or ship the following items, as required for Project, to Service Provider within 7 days from date of acceptance of Service Agreement: a visual reference of the Client's design; an accurate measurement, in inches, around the widest part of the head; an accurate measurement, in inches, from the chin to the eyes; an accurate measurement, in inches, from the wrist to the inside of the armpit; a comfortable, well-fitting pair of new, not used, slip-on shoes without laces or other fasteners; and a pencil tracing of both hands. Client is responsible for the cost of shipping said items. Unless otherwise agreed in writing, if Client fails to provide tracking information for said items within 7 days from acceptance of Service Agreement, Project will be canceled without refund of Retainer Fee.
If Client wishes to provide any materials to Service Provider for use in the Project, these materials must be shipped by Client within 14 days from acceptance of Service Agreement. These materials may include, but are not limited to: resin bases; other resin or silicone parts; faux furs; other fabrics; and components created by other artists and/or other manufacturers. Client is responsible for the cost of shipping said materials. Materials provided by Client do not entitle Client to early completion, any form of compensation or discount, or any other benefits. If Client fails to provide tracking information for said items within 14 days from acceptance of Service Agreement, Service Provider will, at their sole discretion, provide alternate materials for use in Project. If the said items, by sole discretion of Service Provider, arrive damaged or in some other unusable condition; or the quality of the materials is poor, Service Provider will, at their sole discretion, provide alternate materials for use in the Project. If Service Provider provides alternate materials, and Client wants the original materials shipped back to them, Client is responsible for all shipping costs of said materials.
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Completion Time and Rush Deadlines
Unless otherwise agreed in writing, Service Provider will make every attempt to complete Project within 20 weeks from date of acceptance of Service Agreement, not including shipping time to Client. Due to potential unforeseen circumstances outside Service Provider's control, Project completion dates may occasionally be subject to extension.
Rush Deadlines cannot be guaranteed without written Service Provider approval and receipt of Applicable Rush Fee. At Service Provider's sole discretion, a Rush Deadline may be Accepted for Project with the acceptance of a non-refundable Rush Fee consisting of, but not limited to, 50% of the total Project fees (including Retainer Fee and Remaining Project Balance). Rush Fee must be paid within 3 days from date of acceptance of Service Agreement in order to take effect. If Service Provider fails to complete Project by Rush Deadline, Client may request a refund in full for Project, including the Retainer Fee and the Rush Fee; or agree in writing to extend Rush Deadline to a later date, thereby forfeiting a refund in full. In the case of a refund due to missed Rush Deadline, Service Provider reserves the right to edit, sell privately, sell at auction, or discard Project at their sole discretion.
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Communication
Client and Service Provider agree to officially communicate regarding Project in writing via e-mail, and that communications via other channels (including social media) do not constitute official Project communications. Service Provider will make every attempt to respond to Client emails within 3 days from date of receipt. Service Provider agrees to provide regular progress updates to the Client over the course of the Project, including but not limited to: written updates, photos, videos, and other media. Client reserves the right to request progress updates from Service Provider at any time. If Client fails to respond to any communications requesting approval within 7 days, Client forfeits their right to approve or request edits of that stage of the Project and the Service Provider will continue working on the Project at their discretion. If Client fails to respond within 30 days to any of Service Provider's emails, resulting in the inability to complete the Project, the Project will be considered abandoned, and canceled without refund. In the event of an abandoned Project, Service Provider reserves the right to edit, sell privately, sell at auction, or discard Project at their sole discretion.
If Client has a Rush Deadline that has been approved by the Service Provider, Service Provider agrees to respond to Client emails within 48 hours, and Client agrees to respond to Service Provider emails within 48 hours. If Client fails to respond within 48 hours to any of Service Provider's emails, Service Provider reserves the right to extend the Rush Deadline to compensate for missed Communication.
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Project Limitations
Service Provider cannot guarantee accuracy to any historic time period or materials.
Unless otherwise agreed in writing, Project will be completed in a style consistent with Service Provider's portfolio, including but not limited to: realistic proportions, natural colors, established methods, and other consistent aspects of Service Provider's body of work.
Service Provider will make every attempt to follow Client's design; however, in the case of aspects impossible to physically reproduce, Service Provider will suggest the closest possible alternative method.
Client acknowledges that all design materials submitted are authorized for Client's use, and include no copyrighted works, characters, or designs.
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Project Cancellation
Client reserves the right to cancel Project at any time, for any reason. Upon Client cancellation, a percentage of the Remaining Project Balance will be refunded. The amount of the Remaining Project Balance refunded is proportional to the amount of work the Service Provider has already put into the Project, at the sole discretion of the Service Provider. The Retainer Fee will not be Refunded. Service Provider reserves the right to issue refund in installments, not to exceed 6 months from date of cancellation.
Service Provider reserves the right to cancel the Project at any time for any reason, including but not limited to: incompatibility with Client, inability to meet Client's requests, illness, injury, personal tragedy, or other unforeseen circumstances. Upon Service Provider Cancellation, the Remaining Project Balance, the Retainer Fee, and all other Project fees will be refunded. Service Provider reserves the right to issue refund in installments, not to exceed 6 months from date of cancellation.
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Shipping and Customs
Service Provider will invoice Client for actual shipping costs once the Project is completed and prior to shipment, including a $25 fee to cover shipping supplies; the aforementioned costs are not included in the Retainer Fee or Remaining Project Balance. All domestic shipments will be shipped via USPS with tracking service, signature confirmation, and insured for the full value without exception. If Client fails to pay shipping costs within 30 days after Service provider sends the invoice, the Project will be considered abandoned, and canceled without refund. In the event of an abandoned Project, Service Provider reserves the right to edit, sell privately, sell at auction, or discard Project at their sole discretion.
International Clients must pay all customs fees and taxes associated with receipt of their Project. International Projects will be declared for their full value and marked as merchandise, without exception. In the event that the package cannot be insured for the full value due to the destination country, the Client takes full responsibility for the difference in the insured package amount to the cost of the Project in full if the package is lost or damaged.
Client agrees to inspect all Project components upon arrival of shipment. In the event of shipping damage, Client must photograph the box thoroughly prior to and after unpacking, retain all shipping materials, and contact Service Provider immediately. In the event the Client fails to notify Service Provider within 3 days of shipment arriving damaged, fails to provide enough photographs before and after unpacking, and fails to retain all shipping materials, then any form of compensation to the Client for the damage is forfeited.
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Returns
Once the Project has been shipped or otherwise delivered to the Client, there are no returns and no refunds.
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Limited Warranty and Repairs
Service Provider will make every effort to meet or exceed industry standards for durability and quality in construction of Project. Client understands that aforementioned industry standards do not accommodate excessive rough handling, athletic and/or acrobatic performances, wrestling, LARP combat, or other physically demanding activities.
In the event of workmanship defects, improper fit, or material failure, Service Provider agrees to provide a limited warranty covering repairs and replacements of Project components at no cost to Client for a period of 30 days following date of delivery of the Project to Client. In the following circumstances, the limited warranty shall be null and void: the Project has been altered in any way; the Project has been improperly cleaned; the Project has been subjected to physically demanding activities, as defined in the aforementioned section; the Project has suffered damage while in Client's possession not related to workmanship or material failure; the Project has been used in sexual activities; or the Project returns to Service Provider in soiled, abused, or unclean condition. Client agrees to pay shipping costs, including insurance for the full amount and signature confirmation, to send Project to Service Provider for repairs made under warranty; Service Provider agrees to pay return costs. Client agrees to package the Project properly to prevent damage during shipment back to the the Service Provider.
At Service Provider's sole discretion, repairs and alterations after the limited warranty period can be arranged for a fee of $50, and an additional $30 per hour after the first hour. Client agrees to pay all outgoing and returning shipment costs in the event of repairs requested outside the 30 day warranty period.
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Exclusivity
Unless otherwise agreed in writing, Service Provider reserves all rights to components used in execution of Project's design, including but not limited to: digital files, resin and silicone molds, fabrics, paintings, and other materials.
Unless otherwise agreed in writing, Service Provider reserves the right to share (both progress and final) photos, videos, and other media regarding project on social media regarding Project on social media and websites.
Unless otherwise agreed in writing, all Projects completed by Service Provider are copyright Melissa Mendelson and Melissa Mendelson Art. Client may not create derivative works intended for personal use, resale, commercial use, or distribution; distribute Project components or copies of Project components; or take credit for creation of Project components.
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Allergy Warning and Liability
Client understands that materials used in Project may come in contact with common household allergens, including but not limited to: dust, smoke from candles or incense, plant material, dog hair and dander, and cat hair and dander. Client assumes all risks associated with aforementioned allergens.
If Client is injured in any manner during or after the term of the Service Agreement, Client assumes the risk and agrees that Service Provider should not be held responsible for any resulting injuries, losses, damages, costs, or expenses resulting from use of Project, and to defend and indemnify Service Provider from any resulting claims, demands, lawsuits, losses, costs or expenses, including attorney fees.
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These Terms
Service Provider retains the rights to amend this Service Agreement at any time. All amendments to this Agreement must be made in writing and signed by Client and Service Provider.
This Service Agreement is binding upon Client, spouse of Client, and children of Client. This Agreement supersedes all prior discussions, representations, warranties, and agreements of the parties, and expresses the entire agreement between Client and Service Provider regarding the matters described above. The parties confirm that, except for that which is specifically written in this Agreement, no promises, representations, or oral understandings have been made with regard to Project or anything else. This Agreement may be amended only by a written instrument signed by both Client and Service Provider.
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Executed on this ___ day of ___, ___
Client Signature:
Client Printed Name:
Service Provider Signature:
Service Provider Printed Name: