This agreement is made between Julie Shek Design, LLC (“we” or “us” or “our”) and (“you” or “your”). You are engaging our services. In consideration of the mutual promises contained in this contract, the parties agree as follow:
SECTION ONE. ARTIST RELEASE
1.1 Style. You have spent a satisfactory amount of time reviewing our work and have a reasonable expectation that we will perform the Services in a similar manner and style unless otherwise specified in this Agreement. We cannot guarantee that identical embellishments displayed in our online photos will still be available from our suppliers at the time of ordering (ink color, envelope color, paper type etc.). We will make a good faith effort to match the embellishment shown or requested. If a piece is not available, you authorize Julie Shek Design, LLC to make a complementary substitution based on our professional opinion and your requested design.
1.2 Consistency. We will use reasonable efforts to ensure your desired Services are produced in a style and manner consistent with our current portfolio and we will try to incorporate any reasonable suggestion made by you. However, you understand and agree that:
Every client and wedding is different, with different tastes, budgets, and needs;
Calligraphy and Design services are often a subjective art and we have a unique vision, with an ever-evolving style and technique;
We will use our artistic judgment when providing Services for you, which may not include strict adherence to your suggestions;
Although we will use reasonable efforts to incorporate your suggestions and desires when providing you with the Services, we shall have final say regarding the aesthetic judgment and artistic quality of the Services;
Dissatisfaction with our aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
1.3 Calligraphy. The nature of hand addressed envelopes will vary from that of printed addresses. Each address will vary depending on the letters, length or names, street names, city and state length and will visually appear different from one another when compared. Addresses with 4 to 5 lines of text will look different from those with fewer. Please have this expectation set when ordering calligraphy. Each envelope is a single work of art and must be appreciated as such.
1.4 Proofing. Suites ordered through our website include 1 Round of proofing. Please note, if you require more rounds or proofing, the completion date will be pushed back. If proofs or information are not turned around in a timely fashion, your workflow may be subject to interruption by other standing projects. If at any time, the project changes to an extent that substantially alter the specifications as described in the original proposal, a proposal revision memo will be sent to you and a revised fee will be agreed upon by both us and you before project moves forward. It is extremely important to thoroughly check proofs for correct times, dates and spelling of all words, including names and places, in addition to design elements. Once final approval for the Final Proof is received, you are giving us the permission to print all pieces as they appear on Final Poof. Once approved, no changes can be made and Vendor will not be held responsible for any errors found after your approval.
1.5 Posting. The post office reads envelopes electronically. Due to the nature of calligraphy, some addresses or calligraphy styles will be more or less difficult to tread when put through the USPS, as in the nature of any handwritten address. Any address that can not be ready by machine will most likely be hand inspected. If the address still can not be delivered, it will be returned to the address of the return. We are not responsible for resending, reprinting or reimbursing for invitations or addresses that do not make it to their intended address. As with any mass mailing, you are likely to have 1-3% of your pieces be undeliverable. Please check your address list carefully to ensure all your address are correct to minimize this effect. You may wish to order an additional 20% of your pieces to ensure additional pieces are available if needed for remaining. If we are addressing and posting your pieces, we guarantee that each address you provide goes into the mail. Any mail not received by its intended recipient is not under our liability. If any pieces need to be re-mailed, you may either mail the piece yourself from the excess mailed back to you upon completion of the project, or pay us to bring, address and re-mail the additional pieces at the 25% reprinting fee.
1.6 Address List. Please see our specification on prepping your address list. Addresses will be written exactly as they appear on provided list from you. We will not make etiquette or spelling corrections. If you wish for us to prepare the list for calligraphy, a $125 fee will be added onto your final invoice. Please deliver the address list in our provided Microsoft Word document.
SECTION TWO. FEES
2.1 Payment. The billing will reflect the actual costs incurred. If there are minor adjustments, such as actual postage or number of envelopes addressed, an additional invoice may be issued. You will be notified of any changes and will receive updated invoice. If you have added on a separate projects or add-ons they will be billed separately. Final payment is due prior to the finished product being shipped to you. If final payment is not received, finished product will not be shipped, regardless of signed contract or estimated completion date.
2.4 You are entitled to 1 round of revision if ordering through our website. Additional revisions shall be provided for an additional fee of $125.00 per revision round.
2.5 Any additional services or items added to your order before completion of the order will be added to your final balance due.
2.6 Julie Shek Design, LLC ships with insured shipping and domestic shipping costs are included in your order. International orders will incur an additional fee. Any mail not received by its intended recipient is not under our liability. If any pieces need to be re-mailed, you may pay us to re-print your goods. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you.
SECTION THREE. CANCELLATION
3.1 You may cancel the service at any time up until final approval. If you cancel before final approvals, the parties agree that 50% of your total cost will be refunded to you as the remaining fee would be reasonable compensation for cancellation by reason of your failure to utilize our services. You understand that once you have approved the final proof and your paper has been put through production, refunds and cancellations are unavailable by this point as these pieces are made to order. In the rare event of an unforeseen emergency or major change, an extension may be added to the schedule and you will be notified immediately.
SECTION FOUR. PROMOTION
4.1 You agree that we may take photographs of invitations, stationery, or other creations. We reserve the right to use any of these photographs for our own reference, for display, or for promotion without compensation to you.
SECTION FIVE. LIMIT OF LIABILITY
5.1 Maximum Damages. You agree that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by us.
5.2 Indemnification. You agree to indemnify, defend and hold harmless Julie Shek Design, LLC and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) we provide to you.
SECTION SIX. IMPOSSIBILITY
6.1 Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:
A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
6.2 Failure to Perform Services. In the event we cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
Immediately give Notice to you via the Notice provisions detailed in this Agreement; and
Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
Excuse you of any further performance and/or payment obligations in this Agreement.
SECTION SEVEN. GENERAL PROVISIONS
7.1 Governing Law. The laws of Virginia govern all matters arising out of or relating to this Agreement, including torts.
7.2 Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
7.3 Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the event and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
7.4 Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.
7.5 The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. The Designer 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.