Sunday, December 11, 2011

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!

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