All invoices must be paid in full before item is delivered. All deposits by their due date and before construction begins.
2. Default in payment
The Client shall assume responsibility for cost outlays by Felicia Ray in all collections of unpaid fees 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 that Client defaults in payment, and fails to make full payment within 7 days of project completion, Felicia Ray reserves the right to sell item(s) at her discretion to recover the cost of Felicia Ray's loss. Client will receive notification when project is complete.
Please note that the estimate is based on the initial garment details that you have provided in your estimate request. Any additions to the garment or fabric changes may alter the price of your garment. Fabric prices and types vary and this could change the cost of your garment. Your garments will be made based on the measurements that you send to me. If you are not certain of your measurements, please have a professional take them for you.
The fees and expenses shown are minimum estimates only unless an hourly fee has been agreed upon. That fee will be Hourly Fee per hour or Service Fee per service/product and Felicia Ray shall keep the client apprised of a tally of hours within a reasonable period of time. Final fees and expenses shall be shown when invoice is rendered. The fees and expenses shown are minimum estimates only unless the quote and/or invoice is clearly marked Firm Quote, otherwise the below stated hourly fee/service fee will be payable on all time over that which was quoted with a minimum in 30 minute increments.
Rush fee of $10 will apply for non-formal/casual garments requested to be delivered under 10 business days; $15 for special occasion garments under 15 business days; and $25 for bridal gowns under 20 business days.
The Client must assume that all additions, alterations, changes in content, layout or process changes requested by the customer, will alter the time and cost. The Client shall offer Felicia Ray the first opportunity to make any changes. Once construction of your garment/item begins, there will be no changes allowed...no exceptions.
The Client shall reimburse Felicia Ray for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment, and shall advance Felicia Ray for payment of said expenses, including but not limited specialty fabrics, accessories and 3rd party services (i.e screen printing, embroidery, dry cleaning).
In the event of cancellation of this assignment, Client forfeits ALL deposits, payments and materials obtained for this project and Felicia Ray reserves the right to sell the items at her discretion.
7. Ownership of work
Felicia Ray retains ownership of all original work, whether preliminary or final and reserves the right to use work and/or copies of work for marketing purposes. This includes, but is not limited to, recreating a item, posting images on Felicia Ray websites, social media, email marketing and print.
8. Credit Lines
Credit lines are not available.
The Client shall indemnify Felicia Ray 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.
11. Uniform commercial code
The above terms incorporate Article 2 of the Uniform Commercial Code.
12. Code of fair practice
The Client and Felicia Ray agree to comply with the provisions of the Code of Fair Practice (which is in the Ethical Standards section of chapter 1, Professional Relationships).
13. Code of fair practice
Felicia Ray warrants and represents that, to the best of her knowledge, the work assigned hereunder is original and has not been previously published, 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 Felicia Ray has full authority to make this agreement; and that the work prepared by Felicia Ray 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 Felicia Ray’s product that may infringe on the rights of others. Client expressly agrees that it will hold Felicia Ray harmless for all liability caused by the Client’s use of the Felicia Ray’s product to the extent such use infringes on the rights of others.
14. Limitation of liability
Client agrees that it shall not hold Felicia Ray or his/her agents or employees liable for any incidental or consequential damages that arise from the Felicia Ray’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 Felicia Ray or Client, any client representatives or employees, or a third party.
15. Dispute Resolution
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 pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favor of Felicia Ray. All actions, whether brought by client or by Felicia Ray will be filed in the Felicia Ray's state/county of business/residence. This contract is held accountable to the legal system of Texas and any applicable statutes held therein.
16. Acceptance of terms
The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. Felicia Ray as sender and the client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding.