Don't Get Mad, Add Terms to The Contract Pt. 2

Last week I told you some of the reasons I have such a detailed contract for clients to sign. I started with the things I do for the client, so they understand that this contract is two way--they provide me with materials, measurements and clear decisions about the design, and I will do the work on time, in budget, and to specifications. This week, we get to some of the nitty gritty--what the client will do for me: payment, delivery, photos and liability. 

5. Payment:  To stay in business, I need to get paid.  I work hard and spend money (over $200 per year) to make it easy for folks to pay me easily, be that cash, check, credit card. But not everyone is willing to honor their agreement to pay.

I take a deposit, because talk is cheap.  Until money changes hands, the order doesn't go on the books.  I can't tell you how often I've had months of email conversations with a prospect, done detailed design development, located materials, etc, only to have them disappear without a trace when it's time to pay for it. I call them internet fantasy costumers.  Like internet or phone sex, only it's costumes.  I sometimes wonder if they take my sketches and detailed descriptions and go to someone less skilled and lower priced for the actual construction.  But I'm too busy sewing to worry about that.

The deposit is non refundable, partly because of the immense amount of work I have to invest to accurately estimate the labor and materials charges.  It's also nonrefundable to make it clear that the client has to make a commitment to the project, and that this is not an online game that can be shut off or rebooted at a whim.

The COD shipping clause (" Orders with balance outstanding at ship time will be shipped C.O.D. including C.O.D. charges.) is in honor of the several clients who paid by check or Paypal, and then made me wait up to a month after I finished the project to be paid the final balance due.  I set the completion date when I book the project.  The client gets a written copy of the work order, so this is not a secret or a surprise.  I expect to be paid promptly when the project has been completed.


In person, my rule is that the product does not leave the workshop until I have been paid in full. By mail, the order does not leave the workshop until I have been paid in full.  If I surrender the garment to the client, I no longer have meaningful recourse to force payment. 

One young woman had me make a very elaborate Anime costume, and then claimed that the final check had been returned in the mail due to incorrect address.  Which would have been all right, except that when the check finally did arrive, it was dated three days prior to delivery...

Another client wanted to take partial delivery of one of a set of three table runners, "to see how they look" at the restaurant for the wedding.  I asked for payment in full for partial delivery.  She decided she would wait a week for the other two to be completed.

6. Undelivered Garments:  "All garments and materials are the property of Sewfits until the client's account is paid in full." This clause has come in handy when the client decides, after I've done 2/3 of the work, that she is paying too much and wants to "just take it as is".  This happens when a spouse sees the credit card bill [and client convinces him/her that the deposit is the total paid for the garment], or when a friend or relative tells the client about someone who "will finish it for a lot less".  Or the client who flatly refuses to pay, but claims ownership because she bought the materials.

This is not as rare as you think.  I gave away two prom dresses for half price based on this argument, until a mentor clued me in that sharply criticizing the work and then "agreeing" to "settle" for half price is a common gambit in the trades.

I had a client who ordered a copy of a three piece dress--fitted sleeveless top, formal straight skirt and stole, of heavy silk fabric.  She had seen the original at Saks and wanted it "different", so she ordered it from me.  My first hint that there was a problem was when she insisted I redesign the stole.  Then she didn't like the way the skirt fit, and I had to refit it.  When the time came to deliver the completed outfit, she came into the sewing room, put it on, and smiled momentarily.  Then suddenly, she frowned and told me that it "looked like s**t".  She insisted that the top did lay right, was not flat.  She stated, "I cannot pay for this."  I offered to redo the hem while she waited.  She agreed.  When I finished, she still insisted that she could not pay for it, implying it was unacceptable.

Earlier that day, a regular client had seen the outfit on the rack and when I mentioned I was nervous about whether the lady who ordered it would like it, said she (my other client) would buy it if the lady who ordered it didn't like it.  I had also realized from the seeming capricious demands for design changes that she might not be happy with the final garment.  Something was going on.  So I was prepared.

I had previously had her sign my contract, with the above clause in it.  I further prepared a form for her to sign if she paid her balance due with a check or credit card, stating that she had been given the opportunity to refuse delivery of the garment, but that she was accepting it without conditions.  This covered me if she stopped payment on the check or attempted a charge back on her credit card account. 

Back to the indignant client, who by now has raised her voice insisting that the dress is not acceptable.  In conversations with her about previous design changes, she had mentioned her husband, which she now did again, wanting to call him [on my phone, long distance].  I pointed out that if he was involved in her satisfaction, she should have brought him with her, and invited her to leave, without the dress.  She asserted that the dress was hers, as she had bought the silk fabric.  I referenced the contract.  She raised her voice and said she wanted to call the police.

So I called the police and stated I had an irate woman who would not leave when asked and whom I feared would become violent. Suddenly, her American Express card appeared.  Just as suddenly the acceptance form appeared.  She signed her charge slip and the form, and withdrew, with her dress.

In case my dear readers are tempted to come to this woman's defense, I might point out that three times later that evening and then for two weeks after, she called and left very angry messages on my answering machine, threatening charge backs, lawsuits and other dire consequences if the left over scrap material was not returned to her--at my expense.  These were small pieces, since the two redesigns used up all the fabric she provided. I placed them, none to gently, into a Priority Mail Flat Rate box and shipped them to her.  American Express had not heard from her, but assured me that a work order, contract and signed acceptance form were all I needed to protect myself from charge backs.

On another note, it may seem incredible, but I have had no less than five garments abandoned after they were finished.  Four had not had any problems.  One, actually a set of drapes, the client tried to claim more than a year later.  He was very put out that I did not have his drapes, when I had left several messages and actually sent him a written notice that his drapes were ready for pickup.   Thus the clause about items left more than 30 days becoming my property.

7.  Use of Photos: This paragraph is in honor of the woman who despite being very nubile and attractive, and eager to model costumes for my camera, attempted to demand "modeling fees" a couple of years later.   It is also designed to warn clients that I may post photos of them on my website, Facebook page, and other pages on the web.  However, I reassure them that I do not tag the photos with client names.

8. Waiver of Liability:  This clause is to clearly telegraph to anyone who may think that a lawsuit is the way to resolve their problems that they may not sue me for pain and suffering due to disappointment that they do not look like their fantasy.  Anyone who goes through my design development process can hardly claim that I do not take care to reveal the client's preferences and desires, and explore how those might be achieved.  However, the popularity of television courtroom dramas has made the concept of the lawsuit attractive to some, and this clause is designed to nip that tendency before it flowers.

As you can see, while I work very hard to select clients who are comfortable with my working style and who can communicate their needs and wishes to me, sometimes things just go wrong.  The contract acts as much as a selection device as a recourse when all else fails.  I would far rather lose the "sale" at the beginning, than have it blow up in my face after weeks of work.

The Contract or, Don't Get Mad, Just Add Terms to the Contract Pt.1

I meet a lot of women who tell me they used to "sew for the public".  They quit because they ran into the customer from the nether regions.  I've encountered a number of characters in 25 years in business. Many of them would be great in novels or movies, but in real life are odious.   I don't quit, I just add another sentence to my contract.

I like to explain the contract to a client, as I hand it to her, that it states that we both will act like adults and not sue each other.  I've never had anyone refuse to sign it, especially as I also point out that it is negotiable if there are terms they don't like.

1. Guaranteed Ship Date:  I start the contract with my promise to the client that I will deliver on time, and that if I don't, they will get a discount or an upgrade to Priority shipping.  This is important, because I've met innumerable prospective clients with sad tales of dressmakers and costumers who did NOT deliver on time.  Nowhere near on time.  So on time is important.

But sometimes it is very difficult to deliver on time.  If I don't have final design approval, or it takes a month to find the fabric the client wants, the client can't manage to measure herself or get to my workshop for measurements, I can't even start work, never mind finish on time.  And then there is the client who thinks I should start work, even though he has not paid a deposit. 

So I explicitly warn the prospective client--I only guarantee that I will deliver on time if you provide the materials, information, decisions, and funds to do so.

2. Price, Fabric & Supplies:  I quote my labor price up front, before the client books the order.  This is unusual in the custom clothing business, but it is common in the tree trimming and construction business.  But I've found that on rare occasions, a project may take many months before it is finally booked.  Sometimes finding the fabric can take a while.  I have a long time friend and client who wanted a particular striped fabric for Steampunk trousers.  It took two years and innumerable swatches to find one he would accept.

Thus, I note that the price may increase after a year.  Also that if you want three pairs of trousers, and it takes several years to complete the project, the price may increase.  Of course, this was enforced more often in pre-recessional times, when rising prices were the norm.  Nowadays, I often give discounts just to keep the client.

Materials may be supplied by the client, subject to my approval.  I never want to see acetate costume satin again, in this life or the next.  Clients think they can save money by buying cheap fabric, and don't realize that cheap fabric makes more work for the costumer.  Another very good friend and client sent me stretch velour for a tailored frock coat.  I stupidly didn't protest, and it took twice as much work to stabilize the soft slinky fabric into crisp lapels and pocket flaps.

Many times I will undertake to find and provide materials.  However, the mind can imagine things that are not available, especially at the end of a deep recession with retail inventories at record low levels.  I had a client who wanted costumes from the movie, "The Fall of the Roman Empire".  He wanted ornate brass clasps on the front of his vest.  I located a custom metal worker, who designed and cast them for us.  In addition to the cost of the clasps, I charged a fee for my time and services.

3. Measurements:  I use a large number of measurements to design garments, more than the usual number.  Actually, my measurements sheet was originally stolen from an armourer, and I added more as time went on.  There are double checks included, because certain measurements are hard for people to understand.  I regularly get sleeve measurements that could only be taken from the shoulder, or the person must have had surgery to shorten their bones.  Hence a disclaimer that I can only work from the measurements the client provides.  I usually ask if I see something unusual--"do you have short arms?  Are most jacket sleeves too long for you?".

When I lived on the Gulf Coast, I accepted an order from the Mardi Gras Crewe from Hell. I took measurements from all the members for the simple tunic style costumes.  When I returned for the (only) fitting, I found that not only had several members put on significant weight, they expected the costumes to be custom tailored.  At an additional fitting, they had then lost weight, and still expected custom tailoring at rock bottom prices.  In the end, I mailed the costumes COD, to ensure that I got paid.  They weren't happy, but I think more because they had to pay for the costumes, than with the costumes themselves.

4. Special Event Orders: I used to have a sign on my front door that read: " Sorry, My Red Cape is in the Cleaners--The S Stands for Seamstress, Not SuperWoman"

For 25 years, I have gotten callls from brides a month before their weddings, wanting a custom wedding dress in 30 days, start to finish.  In October, I get emails from prospects with photos of elaborate costumes from movies or games, wanting to have them made by Halloween.  I don't know what dimension I'm supposed to work it that gives me 36 hours in the day, but I haven't found it yet.  So I state up front--if it can't be delivered a month before the convention, I won't book the order.  I make rare exceptions, when I feel like it and am sure the client will not give me a problem.

This paragraph in the contract is dedicated to the woman who ordered a medieval tunic dress a month before the re-enactment coronation.  She was to be the lady in waiting to the Queen, and she wanted it perfect, which was why she waited until the last minute to order her dress.  I made it to her specifications and shipped it a week before the coronation.  I got a screaming, crying phone call that Thursday, that it was too tight around her hips and looked awful.  In the end, she returned the dress for a full refund and I sold it for $19.99 on eBay.  I now make sure that there is ample time to correct any problems, so this doesn't happen.  I've been told, although it horrifies me to imagine anyone so venal, that perhaps she saw how simple the dress was and regretted her purchase, and complained about the fit to get her money back.  But no one would wear a dress and then return it, would they?

Next, tales of Undelivered Garments, Payment Hijinks, and the dreaded Waiver of Liability Clause!