Big Body Tees — Customer Agreement

Effective: [DATE] Version: 1.0 (DRAFT — not yet attorney-reviewed) Operator: Big Body Tees LLC, a Georgia limited liability company ("Big Body Tees", "we", "us", "our") Address: [STREET], Villa Rica, GA [ZIP] Contact: [PHONE] · hello@bigbodytees.com

Plain-language summary (read this first)

We're a small custom apparel shop in Villa Rica, GA. When you order from us, you're agreeing to a few things:

The artwork is your responsibility. If you give us a logo or design, you're telling us you have the right to print it. If somebody sues us because you didn't, you cover the cost.
Once you approve the proof, you own it. We don't reprint at our cost because of decisions you signed off on.
50% deposit is non-refundable once production starts. It pays for blanks, transfers, and the slot we held for you.
We can't promise perfection. Print colors vary slightly from screen to fabric, garment dye lots vary slightly, and ±0.5" placement is industry-standard. We try hard, but we're not magicians.
If something goes wrong, the most we owe you is a refund of what you paid. No missed-event compensation, no lost-revenue claims.
Disputes are resolved in Carroll County, Georgia.

The full agreement is below. By paying your deposit, you're accepting it. Read it.

1. The Agreement

This Customer Agreement ("Agreement") governs every order you ("you", "Customer") place with Big Body Tees. You accept it by (a) clicking "I agree" at checkout or on a quote acceptance link, OR (b) paying any deposit or invoice — whichever comes first. If you do not agree, do not pay; let us know and we'll cancel the quote.

This Agreement, the order-specific quote we send you, the Artwork & Intellectual Property Policy, and any add-on terms we identify in writing together form the complete agreement between us. They supersede any prior conversation, email, text, or document.

2. The Order

a. Quotes. A quote we send you is valid for 72 hours unless we extend it in writing. After 72 hours, we may re-quote based on current garment costs and capacity.

b. Acceptance. You accept a quote by paying the 50% deposit through the link we send you. The order is locked in and we begin sourcing materials at that moment.

c. Customer-supplied details. You're responsible for providing accurate quantities, sizes, colors, garment selections, print specs, deadlines, and pickup or shipping details before production starts. Changes after deposit may incur additional cost or extend the timeline; we'll quote any change in writing before proceeding.

3. Garments and Substitutions

a. Garment standard. We use commercial blanks from approved brands (Comfort Colors, Shaka Wear, Independent Trading, AS Colour, Cotton Heritage, and Bella+Canvas at the entry tier). Specs vary slightly between brands and dye lots.

b. Substitutions. If a specified blank, color, or size is out of stock or discontinued, we may substitute an equivalent garment of the same tier and similar color. We'll text or email you with the substitution before pressing. If you reject the substitution, we'll refund your deposit minus any work already completed (design, proof, sourcing).

c. Dye-lot and weight variance. Cotton garments vary by ±0.25 oz in weight and may show minor color variation between dye lots. This is normal and not grounds for a remake.

d. Customer-supplied garments. We do not print on garments you supply. All garments must come through our supply chain.

4. Artwork, Proofs, and Production

a. Artwork. You agree to the Artwork & Intellectual Property Policy, which is incorporated into this Agreement.

b. Mockups. A mockup is a digital rendering of your design on a garment. It is for your review and approval; it is not a perfect color match for the final printed product.

c. Proofs. Before we press a single shirt, we send you a digital proof. You have 48 hours from the time we send the proof to either:

Approve it in writing (reply "approve" by email or text), OR
Send written change requests.

If you do neither within 48 hours, we may pause production. If you do not respond within 5 business days, we may cancel the order at our discretion and treat the deposit as forfeited.

d. Proof approval is binding. Once you approve the proof, the design, color choices, garment selections, and placement are final. Reprints due to anything visible in the approved proof — including spelling, layout, color, or placement — are at your cost.

e. Print placement and color tolerance. Industry-standard tolerances apply: print placement may vary up to ±0.5 inch, and printed color may vary slightly from screen mockups due to fabric absorption, ink lot, and lighting. These variances are not grounds for a remake.

f. Spoilage / underage. We include a 5% material buffer in every order to account for misprints. We may deliver up to 5% under the ordered quantity (rounded down) without breaching the contract; the underage will be refunded at the per-piece price. We may also deliver up to 5% over at no charge if extras print clean.

5. Pricing, Deposits, and Payment

a. 50% deposit. Required before production begins. Non-refundable once we begin sourcing materials or pressing, except in cases of our default or substitution rejection (see §3b).

b. Final 50%. Due before pickup, shipment, or hand-off. We will send a Stripe payment link when production is complete. Goods will not leave the shop until the final balance clears.

c. Late payment. If the final balance is not paid within 10 business days of the production-complete notice, a late fee of 1.5% per month (or the maximum rate allowed by Georgia law, whichever is lower) accrues on the unpaid balance.

d. Abandonment of unpaid orders. If the final balance remains unpaid for 30 days after the production-complete notice, the goods become the property of Big Body Tees and may be donated, repurposed, or destroyed. Your deposit is forfeited and the deficiency may be pursued as a debt.

e. Sales tax. Georgia sales tax applies to all retail orders. Customers presenting a valid Georgia ST-5 resale certificate before the deposit is paid are tax-exempt for that order. Tax-exempt status does not transfer between orders unless the certificate remains on file.

f. Pricing changes. Garment and transfer costs change. Once you accept a quote, the price is locked for that order. Future orders are subject to current pricing.

6. Indemnification (Customer)

You ("Indemnitor") agree to defend, indemnify, and hold harmless Big Body Tees LLC, its members, employees, contractors, and agents ("Indemnitees") from and against any and all third-party claims, demands, lawsuits, judgments, settlements, fines, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

a. Any artwork, logo, image, slogan, name, likeness, or other content you supplied or authorized us to print, including any claim that such content infringes a third party's copyright, trademark, trade dress, right of publicity, right of privacy, or other intellectual-property or proprietary right;

b. Any false statement or misrepresentation you made about your ownership of, or right to use, any artwork or content;

c. Your breach of this Agreement, the Artwork & Intellectual Property Policy, or any applicable law in connection with your order;

d. Your use, distribution, sale, or display of the finished goods after delivery, including any liability arising from product use or labeling.

This indemnification survives termination, cancellation, or fulfillment of your order. We will give you reasonable notice of any covered claim and will allow you to control the defense (with counsel reasonably acceptable to us), provided that we may participate at our own expense and that you may not settle any claim without our written consent if the settlement requires us to admit liability or imposes any non-monetary obligation on us.

7. Indemnification (Big Body Tees)

We will indemnify you against any third-party claim that the printing services we provide — excluding any claim arising from artwork or content you supplied — directly infringe a third party's intellectual-property rights. Our maximum liability under this section is capped at the amount you paid us for the affected order. This is your sole remedy for any IP-related claim against the printing services we provide.

8. Pickup, Shipping, and Risk of Loss

a. Pickup. Pickup orders must be claimed within 30 days of the "ready for pickup" notice. After 30 days, see §5d (abandonment).

b. Shipping. When we hand goods to a carrier (USPS, UPS, FedEx, etc.), risk of loss and damage transfers to you. We are not liable for carrier loss, damage, theft, or delay. We will reasonably assist you in filing a carrier claim.

c. Delivery dates. Stated delivery dates are estimates. We make every reasonable effort to meet them but do not guarantee them, except as expressly noted in writing for rush orders (see §9).

9. Rush Orders

Rush orders carry a 35% premium and are accepted only when capacity allows. Even with the rush premium, we do not guarantee a specific delivery date if any of the following occurs: (a) you delay proof approval, (b) artwork requires revision after submission, (c) a supplier delivery delay outside our control, (d) equipment failure, or (e) any event covered by §11 (Force Majeure). If we miss a rush date for reasons within our control, your sole remedy is refund of the rush premium.

10. Limitation of Liability

a. Cap. In no event shall our total liability arising out of or relating to this Agreement, your order, or our services exceed the amount you actually paid us for the order giving rise to the claim, regardless of the legal theory (contract, tort, warranty, statute, or otherwise).

b. Excluded damages. Neither party shall be liable to the other for any indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation lost profits, lost revenue, business interruption, missed event, brand or reputational harm, or replacement-cost premiums, even if advised of the possibility.

c. Carve-outs. The cap and exclusions in §10a–b do not apply to (i) your indemnification obligations under §6, (ii) your payment obligations under §5, (iii) either party's gross negligence or willful misconduct, or (iv) any liability that cannot be limited under Georgia law.

11. Force Majeure

Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including without limitation: natural disaster, weather, pandemic or public-health emergency, fire, flood, power or internet outage, supplier or carrier failure, equipment breakdown, government action, war, terrorism, civil unrest, or labor disruption. The affected party will give prompt notice and use reasonable efforts to resume performance.

12. Cancellation and Refunds

a. Customer cancellation. You may cancel an order at any time. Refund treatment:

Before deposit clears: full cancellation, no charge.
After deposit clears, before proof creation: refund of deposit less a $50 administrative fee.
After proof creation, before pressing: refund of deposit less actual cost of artwork preparation, garment sourcing, and proof labor (typically $75–$200 depending on order complexity).
After pressing begins: no refund of deposit. Final balance not owed if production stops at customer request.

b. Our cancellation. We may cancel an order and refund the deposit (less work performed) if (i) the artwork triggers an IP red flag we cannot resolve, (ii) we determine the order cannot be produced at the quoted price due to a quoting error, (iii) you fail to approve a proof or respond to communications for 5 business days, (iv) the customer or order otherwise fails our Artwork & IP Policy, or (v) the order would, in our reasonable judgment, expose us to legal or reputational harm.

13. Communications and Marketing

a. Transactional messages. When you place an order, we will send you order confirmations, proof links, status updates, payment receipts, and pickup or shipping notifications by email and (in the future) text message. These are part of providing the service and you cannot opt out without cancelling the order.

b. Marketing messages. We will send marketing emails (reorder reminders, new product announcements, promotions) only if you have opted in. You may opt out of marketing at any time by replying STOP to a text or clicking "unsubscribe" in any marketing email.

c. Photographs of finished goods. We may photograph or video your completed order for our marketing materials, social media, and website portfolio, identifying you only by business name (not by individual customer name) and never including any sensitive information visible in the print. If you do not want your order featured in our marketing, tell us in writing before production starts and we will honor it.

14. Privacy

We collect only the customer information necessary to fulfill your order: name, business name, phone, email, billing/shipping address (if shipping), and order details. We do not sell or share your information with third parties for marketing. We use Stripe for payment processing (their terms apply to payment data); we use Resend for email delivery; we use Twilio for text messaging (in Phase A and beyond). A separate Privacy Policy on our website may add detail; if it conflicts with this section, this section governs your transactional relationship with us.

15. Warranties and Disclaimers

a. Our warranty. We warrant that we will perform our services in a workmanlike manner consistent with industry standards for custom apparel printing.

b. Disclaimer. EXCEPT AS EXPRESSLY STATED IN §15a, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO WARRANTY IS GIVEN AS TO COLOR FASTNESS, WASH DURABILITY, FABRIC SHRINKAGE, OR LONGEVITY OF PRINT, EACH OF WHICH IS DETERMINED BY THE GARMENT MANUFACTURER AND THE CUSTOMER'S CARE PRACTICES.

c. Care. We recommend washing inside-out, cold water, gentle cycle, tumble dry low, no bleach, no ironing directly on the print. Failure to follow these guidelines may shorten print life.

16. Resolution of Disputes

a. Notice. Before filing any lawsuit, you agree to give us 30 days' written notice of the dispute and a reasonable opportunity to resolve it.

b. Governing law. This Agreement is governed by the laws of the State of Georgia, without regard to conflict-of-law principles.

c. Venue. Any lawsuit must be filed in the state or federal courts located in Carroll County, Georgia, and both parties consent to personal jurisdiction and venue there.

d. Attorney fees. In any action arising from or relating to this Agreement, the prevailing party is entitled to recover its reasonable attorneys' fees and costs.

e. No jury, no class. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION RELATING TO THIS AGREEMENT.

17. Miscellaneous

a. Entire agreement. This Agreement (with the quote, Artwork Policy, and any written add-on terms) is the entire agreement between us and supersedes all prior or contemporaneous communications.

b. Modifications. We may modify this Agreement at any time by posting an updated version. Modifications apply to future orders only; orders placed before the modification are governed by the version in effect at the time of acceptance.

c. No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

d. Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be reformed to the minimum extent necessary to make it enforceable.

e. Assignment. You may not assign your rights or obligations under this Agreement without our written consent. We may assign this Agreement to a successor in connection with a merger, acquisition, or sale of substantially all our assets.

f. Notices. Notices to us must be sent to hello@bigbodytees.com (with a copy mailed to our street address above) to be effective. Notices to you may be sent to the email or phone on file with your order.

g. Electronic acceptance and signatures. This Agreement may be accepted electronically (by checkbox, by paying a deposit, or by reply to a quote email) and that acceptance has the same legal effect as a wet-ink signature.

Customer: By paying the deposit on a Big Body Tees quote, or by checking "I agree" on the quote-acceptance page, you acknowledge that you have read, understood, and agree to be bound by this Customer Agreement and the linked Artwork & Intellectual Property Policy.