1. About these terms
These terms apply to all work performed by Lydia Constance Designs LLC, a Vermont limited liability company ("the Studio"), for its clients.
- Section 2 (General Terms) applies to every client.
- Section 3 (Alterations) applies when the Studio alters, repairs, or embellishes a garment or item the client brings in.
- Section 4 (Custom Designs) applies when the Studio designs and makes a piece from scratch, including garments, jewelry, and handbags.
- Section 5 (Legal) applies to every client.
For custom work, the client also signs a Statement of Work ("SOW") that describes the specific project. If the SOW and these terms conflict, the SOW controls.
By booking work with the Studio, the client agrees to the version of these terms in effect on the date the work was booked.
2. General Terms
2.1 Appointments
Fittings are held by appointment at the Studio. Clients should arrive on time and bring the shoes, undergarments, and accessories they plan to wear with the piece, as these affect fit and length.
Clients should give at least 48 hours' notice to reschedule. Missed appointments or late rescheduling may delay completion, and the Studio is not responsible for delays caused by them.
2.2 Clean garments
All garments and items brought to the Studio must be clean. The Studio may decline or reschedule work on any item that is not clean.
2.3 Estimates and pricing
Some work has a set price, which the Studio will state at the fitting. Other work is estimated, because the full extent of the work is not always known until the garment is opened. The Studio will tell the client when a price is an estimate. If the Studio expects the final price to be significantly higher than the estimate, it will contact the client before continuing.
Prices include standard materials and supplies needed for the work, unless the Studio states otherwise in advance.
2.4 Payment
Accepted payment methods are cash, check, and card. The Studio does not release any garment or item until it has been paid for in full.
2.5 Client-supplied garments and materials
When a client provides a garment, fabric, trim, or other material, the client confirms that they own it or have permission to have it worked on.
Fabrics, especially older, vintage, delicate, or previously altered fabrics, can behave unpredictably. Seams may be weak, fabric may be thinner than it appears, and colors may differ under different light. The Studio will use professional care, but it is not responsible for results caused by the condition or nature of materials supplied by the client.
The Studio records the condition of each item at drop-off. The client should point out any existing damage, stains, or weaknesses at that time.
2.6 Fit and body changes
Fit is based on the client's measurements and fittings at the time they are taken. If the client's measurements change after the final fitting, further adjustments are new work and are charged separately.
2.7 Pickup and responsibility after pickup
The client should inspect the work at pickup and raise any concerns before leaving.
Once the client picks up an item, the Studio is no longer responsible for it. From that point, the client is responsible for its care, cleaning, storage, transport, and wear. The Studio is not liable for any loss, damage, or change to the item that occurs after pickup, including damage caused by cleaning, pressing, storage, or handling by the client or by anyone else. Any further work requested after pickup is new work and is charged separately.
2.8 Uncollected items
The Studio will notify the client when work is ready. If an item is not collected within 30 days of that notice, the Studio will send a final written notice. If the item is still not collected and paid for within 30 days of the final notice, the Studio may treat it as abandoned and may donate, sell, or otherwise dispose of it, and may keep any amount received to cover what the client owes.
2.9 Communication
The Studio communicates by text message and email using the contact details the client provides. The client is responsible for keeping those details current. Notices sent to the most recent contact details the client provided are considered received.
2.10 Photographs
The Studio may photograph its work for its own records and portfolio. The Studio will not publish a photograph that identifies the client without the client's permission.
2.11 Limitation of liability
The Studio takes care with every item in its possession. If an item is lost or damaged while in the Studio's care due to the Studio's fault, the Studio's responsibility is limited to the amount the client paid for the work on that item.
The Studio is not responsible for indirect or consequential losses, such as the cost of a replacement event, travel, or photography, or for missing an event date.
This section does not limit any responsibility that cannot be limited under Vermont law.
3. Alterations
3.1 The fitting
At the fitting, the Studio records each item and the work to be done on it. The client confirms this record before leaving the item. Work not listed on the record is not included.
3.2 Turnaround
Standard turnaround is one to two weeks from the fitting. Rush work may be available for an additional fee and is agreed at the fitting.
3.3 Pricing and payment
Set-price work is charged at the price stated at the fitting. Other work is charged at the Studio's current hourly rate, or as estimated at the fitting. Payment is due in full at pickup.
3.4 Changes after the fitting
If the client asks for additional work after the fitting, it is priced separately and may extend the turnaround time.
3.5 Valuable and irreplaceable items
For garments of high value or sentimental importance, such as heirloom or bridal garments, the Studio may record a declared value and take condition photographs at drop-off. The client initials this record.
4. Custom Designs
4.1 Consultation and design
The first consultation is free. The Studio may then prepare drawings and an approximate price at no charge.
All drawings, sketches, and designs prepared by the Studio belong to the Studio. Before the deposit is paid, the client may not use them, or give them to anyone else, to have the piece made elsewhere.
4.2 Statement of Work
Before production begins, the Studio and the client sign a Statement of Work. The SOW sets out the piece, the approximate price, the payment schedule, and the key dates.
4.3 Timeline
The Studio plans the schedule backward from the date the client needs the piece, including any travel before the event. Custom work generally requires several months and between five and eight appointments. The Studio may decline projects that cannot be completed well in the time available.
4.4 Deposit and payment
A deposit of 50 percent of the approximate price is due before any pattern work begins. Measurements are taken when the deposit is paid.
The remaining balance is due in full before the piece is picked up. The client may pay the balance in installments, as agreed with the Studio.
The final price may be somewhat higher or lower than the approximate price, depending on the fabrics chosen and the work required. The Studio will tell the client of any significant change before it is incurred.
4.5 Fittings and approvals
Production includes a mock-up fitting in a test fabric to confirm style and fit. A second mock-up may be made if major changes are needed. At each appointment, the Studio will explain what the next appointment involves.
4.6 Changes to the design
After the design is approved, changes requested by the client are priced separately and may affect the timeline. The Studio will confirm the cost of any change in writing before making it.
4.7 Final fitting and acceptance
At the final fitting, the client tries on the finished piece with their accessories. Minor adjustments requested at this fitting are included. When the client is satisfied, the client signs an acceptance confirming the piece is complete.
4.8 Cancellation by the client
The client may cancel at any time by written notice. All payments made are non-refundable. If the value of work completed and materials ordered at the time of cancellation is greater than the amount already paid, the client owes the difference.
4.9 Cancellation by the Studio
If the Studio is unable to complete the piece for reasons within its control, it will refund the payments received, less the value of any work or materials already delivered to the client.
4.10 Unresponsive clients
If the Studio does not hear from the client for 60 days, despite reasonable attempts to make contact, the Studio may send a written notice. If the client does not respond within 30 days of that notice, the Studio may end the project, keep all payments made, and treat the piece as abandoned under Section 2.8.
4.11 Ownership and design rights
The client owns the finished piece once it is paid for in full. The Studio keeps all rights to its designs, drawings, and patterns. The client may not have the design copied or reproduced.
5. Legal
5.1 Circumstances outside the Studio's control
The Studio is not responsible for delays caused by events outside its reasonable control, such as illness, severe weather, supplier delays, or shipping problems. The Studio will tell the client promptly and work with them on a revised plan.
5.2 Resolving concerns
If the client has a concern, they should raise it with the Studio first. Both parties agree to try to resolve it in good faith before taking any other action.
5.3 Governing law
These terms are governed by the laws of the State of Vermont. Any legal proceeding will be brought in the courts of Rutland County, Vermont.
5.4 Changes to these terms
The Studio may update these terms. Each version is dated and remains available at its own web address. Work is governed by the version in effect when it was booked, or for custom work, the version named in the signed SOW.
5.5 Whole agreement
For alterations, these terms and the fitting record are the whole agreement. For custom work, these terms and the signed SOW are the whole agreement. If any part of these terms is found unenforceable, the rest remains in effect.