Terms of Service (updated May 16, 2018)


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 a government-issued ID for age verification.


Non-Refundable Retainer Fee

Client agrees to pay Service Provider a non-refundable Retainer Fee, 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 start of 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 Project. After the Retainer Fee is received, Client understands that no further design changes or edits may be made to Project.

Retainer Fee is accepted via credit or debit card. Check or money order payments are also accepted from domestic customers. Service Provider reserves the right to charge a $25 returned check fee for returned checks, and require an alternate payment method from Client.


Remaining Project Balance

Client agrees to pay the Remaining Project Balance, equal to 50% of the total Project cost, to be paid in full upon completion and prior to shipment. Unless otherwise agreed in writing, if Client fails to pay in full within 30 days after Service Provider sends 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.


Client affirms that they are an authorized user on the credit or debit card 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 card account holder is required to fill out and return a signed Payment Authorization Form within 3 days of request by Service Provider. If Client fails to provide proof of authorization, payment will automatically be refunded and Project canceled.

Credit/Debit Card Authorization


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: an accurate measurement, in inches, around the widest part of the head; an accurate measurement, in inches, from the eyes to the bottom of chin; 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. 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 Project, these materials must be shipped by Client within 7 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 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 7 days from acceptance of Service Agreement, Service Provider will, at their sole discretion, provide alternate materials for use in Project, including but not limited to: resin bases, other resin or silicone parts, faux furs, other fabrics, and/or other components.

Required Measurements and Client-Provided Materials


Unless otherwise agreed in writing, Service Provider will make every attempt to complete Project within 16 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 50% of the total Project fees (including Retainer Fee and Remaining Project Balance). Rush Fee must be paid in full 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; or agree in writing to extend Rush Deadline to a later date, thereby forfeiting a refund in full. In case of 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.

Completion Time & Rush Deadlines


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 Client over the course of Project, including but not limited to: written updates, progress photos, progress videos, and other media. Client reserves the right to request progress updates from Service Provider at any time. If Client fails to respond within 30 days to any of Service Provider's emails, resulting in the inability to complete 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 an approved Rush Deadline, 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.

Communication


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.

Project Limitations


Client reserves the right to cancel Project at any time, for any reason. Upon Client cancellation, any paid portion of the Remaining Project Balance will be refunded. 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. In the event of a Project cancelled by Client, Service Provider reserves the right to edit, sell privately, sell at auction, or discard Project at their sole discretion.

Service Provider reserves the right to cancel the Project at any time for any reason, including but not limited to: incompatibility with Client; harassment from Client; inability to meet Client's requests; illness, injury, personal tragedy, or other unforeseen circumstances. Upon Service Provider cancellation, the Remaining Project Balance and Retainer Fee will be refunded. Service Provider reserves the right to issue refund in installments, not to exceed 6 months from date of cancellation. In the event of a Project cancelled by Service Provider, Service Provider reserves the right to edit, sell privately, sell at auction, or discard Project at their sole discretion.

Project Cancellations


Service Provider will invoice Client for actual shipping costs 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.

Client agrees to inspect all Project components upon receipt. In the event of shipping damage, Client must photograph the box thoroughly prior to unpacking, retain all shipping materials, and contact Service Provider immediately.

Shipping & Customs


If for any reason Client is not satisfied with the Project upon receipt, Client must contact Service Provider within 72 hours from time of delivery to make arrangements to return the Project in original, unaltered, and undamaged condition. Following receipt of Project by Service Provider, the Remaining Project Balance will be refunded. 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 return. Client agrees to pay return shipping costs to Service Provider. Upon receipt of returned Project, Service Provider reserves the right to edit, sell privately, sell at auction, or discard Project at their sole discretion.

Initials here: Service Provider will not accept return requests initiated more than 72 hours from time of delivery. If Client fails to contact Service Provider or request a return within the 72 hours following delivery, the Project will be considered accepted as delivered by Client without possibility of return or refund.

Returns


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 60 days following date of receipt of Project. 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; or the Project returns to Service Provider in soiled, abused, or unclean condition. Client agrees to pay shipping costs to send Project to Service Provider for repairs made under warranty; Service Provider agrees to pay return shipment costs.

At Service Provider's sole discretion, repairs and alterations after the limited warranty period can be arranged for a flat fee of $30 an hour. Client agrees to pay all outgoing and returning shipment costs in the event of repairs requested outside the 60 day warranty period.

Limited Warranty & Repairs


Unless otherwise agreed in writing, Service Provider reserves all rights to components used in execution of Project's construction, including but not limited to: digital files, resin and silicone molds, fabrics, and other materials.

Unless otherwise agreed in writing, Service Provider reserves the right to share photos, videos, and other media regarding Project on social media and websites.

Unless otherwise agreed in writing, all Projects completed by Service Provider are copyright Amanda Povraznik, Amanda Homer, and Brushwolf Creature Studio. 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.

Exclusivity


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 contact 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.

Allergy Warning & Liability


Service Provider retains the right 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.

Initials here: This Service Agreement is binding upon Client and Client's agents. 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.

These Terms