Stitchmasters LLC — Client Service Agreement & Terms of Service

Automotive · Marine · Furniture · Canvas & Covers · Commercial Upholstery
5102 N Garfield Ave, Loveland, CO 80538 · (970) 222-9825 · info@stitchmastersupholstery.com
Effective July 2026

This Client Service Agreement (the "Agreement") is entered into between Stitchmasters LLC, a Colorado limited liability company (the "Company," "we," "us," or "our"), and the client identified in the signature block below (the "Client," "you," or "your"). This Agreement governs all upholstery, fabrication, repair, restoration, canvas, cover, and related services (collectively, the "Services") the Company performs for the Client, together with any written estimate, invoice, work order, or project description, each of which is incorporated into this Agreement by reference.

By signing this Agreement, accepting it electronically, paying a deposit or invoice after notice of these terms, authorizing work, or delivering property to the Company for Services, the Client acknowledges that they have read, understand, and agree to every term below. (See Section 34, Acceptance & Binding Effect.) These terms apply to the current project and to all future Services unless the Company provides a superseding written agreement.

1. Scope of Work

The Company will perform the Services described in the written estimate, invoice, or work order provided to and approved by the Client. Services may include, without limitation, automotive upholstery and customization; marine upholstery, canvas, and cover fabrication; furniture and commercial reupholstery; foam and cushion rebuilds; and related repairs and restoration.

2. Scope Is Limited to the Written Invoice

The Services are strictly limited to the line items written on the approved estimate, invoice, or work order. If a task, panel, piece, repair, or feature is not listed in writing, it is not included, is not implied, and will not be performed as part of the agreed price.

  • "While you're in there," "can you also," and similar add-on requests are new work that requires a new written authorization and an additional charge.

  • The Company is not responsible for, and provides no warranty on, components, panels, areas, or items that are not listed in the written scope.

  • Reference photographs, inspiration images, and verbal descriptions help illustrate the desired result but do not expand the written scope. An exact replica of any reference image is not guaranteed unless it is specifically described in the written scope and agreed materials.

In short: if it is not in the invoice, it does not get done as part of this job.

3. Estimates, Authorization & Scope Changes

Estimates are good-faith approximations, not fixed-price quotes. Upholstery, fabrication, and restoration work frequently reveals conditions that cannot be seen until the item is disassembled, including but not limited to broken or rotted frames, rusted hardware, water damage, mold or mildew, prior non-factory repairs, deteriorated foam, hidden electrical or mechanical components, and structural failure of the original construction.

If the Company discovers conditions that materially increase the scope, time, or cost of the Services, the Company will notify the Client and provide a revised estimate before performing the additional work. Where required by Colorado law for motor vehicle repairs, no charges exceeding the written estimate will be incurred without the Client's authorization.

Any change to the scope requested by the Client after this Agreement is signed — including changes to materials, color, design, dimensions, or finish — must be confirmed in writing (including by text or email) by the Company to be binding, and may result in a revised estimate, additional charges, and an extended timeline.

Changes move the project to the back of the queue. Any change requested by the Client after work is scheduled or begun may remove the project from its current place in the production schedule and return it to the back of the queue based on the Company's workload at that time. Change requests can extend the timeline significantly and are not grounds for a discount or refund.

4. Deposits — Non-Refundable

A deposit of fifty percent (50%) of the estimated project total (or such other amount stated on the invoice) is required before the Company orders materials, reserves production time, or begins work.

THE DEPOSIT IS NON-REFUNDABLE UPON PAYMENT. The deposit is earned when paid. It secures the Client's place in the Company's production queue, compensates the Company for reserving labor and capacity, and authorizes the Company to procure custom and made-to-order materials specific to the Client's project.

The Services and materials provided by the Company are custom, made-to-order, and specific to the Client's item; they have little or no resale value to any other customer. For that reason the deposit is non-refundable in full once paid. If the Client cancels after materials have been ordered or work has begun, the Client remains responsible not only for the forfeited deposit but also for the cost of all materials ordered and all labor performed through the date of cancellation, to the extent those amounts exceed the deposit.

Disassembly and tear-out are billable. Once an item has been disassembled or its original material has been removed, that labor is real and non-refundable even if the Client later cancels, because the item cannot be returned to its prior condition.

5. No-Deposit & In-Stock Work

Some Services are performed without a deposit — typically quick repairs or work using in-stock materials ("pay on completion"). No deposit does not mean no obligation. By authorizing the work — in person, by text, by email, or by leaving the item with the Company — the Client authorizes the full Services described in the estimate, invoice, or work order and agrees to pay the full amount upon completion.

For no-deposit work, the Company is not obligated to release the item until paid in full (Section 6), holds a lien on the item until paid (Section 22), and may treat an unclaimed, unpaid item as abandoned (Section 21). Authorization of no-deposit work is as binding as a signed estimate.

6. Payment Terms

The remaining balance is due in full upon completion of the Services and before the item is released to or picked up by the Client. The Company accepts cash, check, credit card, and ACH bank transfer.

  • Possession until paid. The Company is not obligated to release any item, vehicle, vessel, or property until the full balance, including any approved additional charges, has been paid in full. (See Section 22, Lien & Right to Retain.)

  • Late balances. Balances unpaid more than thirty (30) days after the item is ready for pickup accrue interest at the maximum rate permitted by Colorado law, plus a monthly storage fee as described in Section 21.

  • Returned payments. A fee of forty dollars ($40) applies to any returned, reversed, or dishonored check or electronic payment.

  • Chargebacks. The Client agrees not to initiate a credit card chargeback or payment dispute for Services accepted or for deposits forfeited under this Agreement. The Client's exclusive remedy for any billing dispute is set forth in Section 31. Initiating a chargeback in violation of this paragraph is a material breach and entitles the Company to recover the disputed amount plus all costs of collection, including attorney fees.

  • Costs of collection. If the Company must pursue collection of any unpaid amount, the Client is responsible for all costs of collection, including reasonable attorney fees, court costs, and lien-enforcement costs.

7. Materials, Color Matching & Substitutions

Materials are selected based on the Client's stated preferences and availability. Custom-ordered materials are non-refundable once the order is placed. If a specified material becomes unavailable or back-ordered, the Company may substitute a material of equal or greater quality, with notice to the Client where practicable.

Color, grain, and texture matching is not guaranteed. When the Company matches to existing materials, an existing sample, or in-stock substitutes, the Client acknowledges that an exact match cannot be promised. Where in-stock materials are used in place of a Client-requested special order to meet a deadline, the Client accepts that a color match is not guaranteed.

8. Fabric Selection & Suitability

The Client is responsible for the final selection of fabric, vinyl, leather, or other covering material, including its suitability for the intended use. Some materials are more durable than others, and a material chosen primarily for color or appearance may wear, stretch, fade, or pill faster than a material rated for heavy, outdoor, marine, or commercial use. The Company will share professional guidance on durability and suitability when asked, but the final choice is the Client's. The Company does not warrant a Client-selected material against wear, fading, or performance shortcomings that are inherent to that material or that result from using it in an application it was not designed for.

9. Pattern, Stripe & Repeat Matching

Where a patterned material is used, the Company matches the pattern in the primary visible areas to a reasonable professional standard. The Client acknowledges that an exact, all-directions match is not always possible: welting and cording are not pattern-matched; plaids, stripes, and directional prints may not align at every seam, panel, cushion boxing, or reversed section; and large repeats add yardage and cost. Patterned material is matched as reasonably as the fabric and the item allow, and reasonable variation in alignment is normal and is not a defect. If a specific match is important to the Client, it must be discussed and put in the written scope before work begins.

10. Client-Supplied Materials, Covers, Specifications & Measurements

The Company provides NO WARRANTY of any kind on materials, covers, foam, hardware, or components supplied by the Client. This includes pre-made covers, customer-furnished fabric or vinyl, and any item the Client asks the Company to install or work with.

The Client must inform the Company of any material, cover, or component the Client intends to supply before work is scheduled, so the Company can identify what is and is not included and confirm whether the supplied quantity is sufficient. If the Client supplies less material than the project requires, any resulting delay and the cost of additional material and labor are the Client's responsibility.

For Client-supplied covers and pre-made goods, fit and finish — including a wrinkle-free result — is NOT guaranteed. The Company will apply its professional skill, but the quality of the finished result depends on the quality, accuracy, sizing, and condition of the Client-supplied item, which are outside the Company's control.

Where the Client supplies the item, pattern, cushion, cover, measurements, or specifications to be matched or rebuilt, the Company builds to what the Client provides. The Company is not responsible if the Client supplies the wrong item, incorrect measurements, a mismatched pattern, or a sample that does not represent the intended result. Work performed correctly to the Client's supplied item or specification is not defective and is not eligible for warranty redo or refund if the Client later determines the supplied item or specification was wrong. If the Client is unsure, the Client is responsible for confirming the item and measurements before work begins.

If Client-supplied material proves defective, insufficient in quantity, mis-sized, or unsuitable once unrolled or fitted, the Company will notify the Client. Any resulting delay, additional material purchase, or additional labor is the Client's responsibility. The Company is not liable for defects, shortages, dye-lot variation, or failures in materials the Client provides.

11. Custom Embroidery & Personalization

Custom embroidery, monograms, logos, lettering, and other personalization are made to order and cannot be reused, resold, or undone. They are final and non-refundable once produced.

The Client is solely responsible for the accuracy of all personalization, including spelling, names, numbers, logos, artwork, placement, and color, exactly as approved before production. The Company produces personalization as approved by the Client and is not responsible for errors in Client-approved spelling, artwork, or layout.

12. Foam, Padding, Internal Components & Structural Repair

Unless specifically listed in the written scope, the price covers re-covering only. New foam, padding, batting, webbing, springs, frame repair, and other internal or structural components are separate and are quoted only when included in writing. If, during the work, the Company finds that foam, padding, or structure must be repaired or replaced to produce an acceptable result, the Company will notify the Client with a revised estimate before proceeding. Re-covering over old, compressed, or failing foam at the Client's direction is done at the Client's risk and is not warranted.

13. Fabric & Material Variances

Due to the nature of textile and vinyl manufacturing, variations in color, texture, sheen, and finish occur between production runs and dye lots. The Company is not responsible for minor variances in appearance, including those caused by:

  • Differences between dye lots or production batches;

  • The length of time a material has been stored or displayed;

  • Comparison of newly upholstered material to existing, worn, faded, or aged material on the same item; and

  • Normal variation inherent in natural materials such as leather, which carries inherent markings, grain variation, and tonal differences.

The Client is advised to review material samples before work begins. Slight variation is normal and is not a defect.

14. Automotive Work — Airbags, Sensors & Electronic Systems

READ CAREFULLY. THIS SECTION CONCERNS VEHICLE SAFETY SYSTEMS.

Many modern vehicle seats contain seat-mounted side airbags, supplemental restraint system (SRS) components, occupant classification or weight sensors (OCS), seat-belt sensors, heated and ventilated seat elements, and power mechanisms. Upholstery service on such seats is not a factory-authorized service and may affect these systems.

By authorizing automotive upholstery Services, the Client acknowledges and agrees that:

(a) Removing, re-covering, or modifying a seat that contains an airbag or SRS component may alter the way that system performs, including the way an airbag deploys, and the Company cannot guarantee factory-equivalent performance of any safety system following upholstery work;

(b) Occupant-classification sensors, seat-weight sensors, seat-belt sensors, and related electronics may be disturbed, may require recalibration by a qualified dealer or technician, and may trigger warning lights that the Company is not responsible for clearing;

(c) Removal and reinstallation of seat covers on sensor-equipped or airbag-equipped seats can result in visible wrinkling or fit variation that is inherent to the procedure and is not a defect;

(d) Heated seats, ventilated seats, power seats, lumbar systems, and similar features may be affected, and the Company is not responsible for pre-existing electrical conditions or for failures of components not installed by the Company; and

(e) The Client assumes all risk associated with upholstery work performed on or near any vehicle safety, restraint, or electronic system, and releases the Company from liability for any consequence arising from the presence or performance of those systems, except to the extent caused by the Company's own gross negligence or willful misconduct.

15. Disassembly of Aged, Brittle & Worn Components

Upholstery and trim work requires removing covers, panels, trim, clips, fasteners, hog rings, and hardware. On older, weathered, or previously repaired items, these components are often brittle, dry-rotted, rusted, seized, sun-damaged, or already cracked, and they can break, snap, or fail during normal, careful removal despite the Company's best practices. The Client acknowledges that the Company is not responsible for breakage of aged, brittle, worn, or deteriorated clips, fasteners, plastic trim, hardware, seams, foam, or substrate that occurs during reasonable disassembly. Where a broken component must be replaced to complete the work, the Company will notify the Client; replacement parts and the labor to install them are an additional charge.

16. Item Condition at Drop-Off — Pre-Existing Damage & Sanitation

(a) Pre-existing damage. The condition of an item, vehicle, or vessel is documented at drop-off, and the Company may photograph it at intake. The Client is responsible for noting any existing damage at drop-off. The Company is not responsible for pre-existing scratches, dents, chips, paint damage, cracks, stains, wear, mechanical or electrical conditions, or other damage present before the Services. Any claim of new damage caused by the Company must be raised at the time of pickup and noted in writing; absent damage documented as new at pickup, claims of damage are presumed pre-existing. The Company's responsibility for any damage it actually causes is subject to the Limitation of Liability in Section 27.

(b) Sanitation and right to refuse. The Client represents that items delivered for Services are reasonably clean and free of hazards. The Company may decline, pause, or charge an additional cleaning fee for any item that arrives with mold, mildew, pet or rodent contamination, insect or pest infestation, bodily fluids, smoke saturation, or other contamination or odor that is unsafe to handle, that risks contaminating other customers' property, or that prevents quality work. The Company is not responsible for pre-existing odors, stains, mold, or contamination, or for their persistence after Services, and may require contamination to be professionally remediated before accepting the item.

17. Marine, Canvas & Cover Work

The Company fabricates and repairs marine upholstery, canvas, biminis, and covers. The Client acknowledges that:

  • Covers and canvas cannot be built or fitted accurately without the boat, frame, or item physically present at the Company; the Client is responsible for delivering the item for fitting and final fitting as requested;

  • Outdoor marine materials are exposed to sun, weather, moisture, and abrasion; the Company does not warrant against fading, UV degradation, mildew, shrinkage, or weather-related wear;

  • The Company is not responsible for water intrusion, bilge conditions, mechanical or electrical systems, trailer condition, or for the contents of any vessel left in the Company's care; and

  • Winterization, shrink-wrapping, and storage are not included unless separately stated in writing.

18. Trade, Installer & Third-Party Clients

Where a shop, installer, dealer, builder, or other business arranges Services on behalf of a vehicle, vessel, or item owner, the "Client" under this Agreement is the party who authorizes the Services and is billed for them, and that party is responsible for payment and bound by these terms.

The Company is responsible only for the Services it performs. The Company is not responsible for the removal, reinstallation, fitment, alignment, or final installation of any component performed by a third-party shop or installer, or for any damage, sensor, electrical, or fit issue arising from third-party removal or installation. A third party that removes an item and delivers it to the Company, or that installs the Company's finished work, is responsible for the quality of its own removal and installation.

19. Completion Timeline

Estimated completion times are approximations provided in good faith and are not guaranteed delivery dates. Timelines depend on material availability, supplier lead times, the condition of the item, scope changes, and shop workload. Delays caused by supplier back-orders, hidden damage, Client-supplied material problems, weather, or events outside the Company's reasonable control do not constitute a breach of this Agreement. The Company will keep the Client reasonably informed of material delays.

20. Client Responsibilities

The Client is responsible for:

  • Providing accurate descriptions, measurements, vehicle/vessel information, and project requirements;

  • Removing all personal property, valuables, and contents from any item, vehicle, or vessel before delivery to the Company — the Company is not responsible for personal property left in or on a delivered item;

  • Delivering the item to, and picking it up from, the Company at the agreed times; and

  • Inspecting the completed work at pickup (see Section 26).

21. Storage & Abandoned Property

Items must be picked up within seven (7) days after the Company notifies the Client that the Services are complete. The Company's premises are a working shop, not a storage facility.

  • Storage fees. Items not picked up within seven (7) days of completion notice accrue a storage fee of twenty-five dollars ($25) per day, per item, until claimed. Storage fees are added to the balance and are secured by the Company's lien.

  • Abandonment. Any item left at the Company for more than thirty (30) days after completion notice, or after the Client has failed to respond to the Company's reasonable attempts at contact, is deemed abandoned.

  • Right to dispose or sell. Upon abandonment, and after providing the notice required by Colorado law, the Company may enforce its lien and sell or otherwise dispose of the item to recover unpaid charges, storage fees, and costs, as permitted under C.R.S. Sections 38-20-106 through 38-20-116. Any surplus and deficiency are handled as provided by statute.

For abandoned motor vehicles, the Company may pursue the procedures available to repair shops under Colorado law, including application for title following the statutory notice period.

22. Lien & Right to Retain Property

The Client grants and acknowledges the Company's statutory possessory lien on every item delivered for Services, under C.R.S. Section 38-20-106 (lien for labor on personal property).

The Company has a lien on the Client's item for the full amount due for labor performed and materials furnished, plus all costs of enforcing the lien. The Company may retain possession of the item until all amounts owed are paid in full, and may enforce and foreclose the lien as provided in C.R.S. Sections 38-20-107 through 38-20-116. Retaining the item does not bar the Company from also suing the Client for the amount owed.

23. Limited Warranty on Workmanship

The Company warrants its workmanship — that is, the labor the Company itself performs — against defects for a period of one (1) year from the date of completion. This is the Company's sole and exclusive warranty. This warranty does not cover:

  • Normal wear and tear, fading, stretching, or material aging;

  • Aggressive, abnormal, or commercial-grade wear beyond normal residential or recreational use, including damage from heavy or hard daily use, improper loading, abrasion, sharp objects, pets, or use the item was not designed for;

  • Damage from improper use, neglect, accidents, sun/UV exposure, heat, moisture, or improper cleaning;

  • Materials, covers, foam, items, or measurements supplied by the Client (see Section 10);

  • Defects in manufacturer-supplied materials, which carry only the manufacturer's warranty, if any;

  • Pre-existing conditions, prior repairs, or original construction not performed by the Company; and

  • Failures arising from the design, construction, fit, or condition of the underlying item rather than the Company's labor.

Warranty claims must be submitted in writing within the warranty period. The Company's sole obligation under this warranty, at the Company's option, is to repair or re-perform the defective workmanship. A request to re-perform or repair workmanship under this warranty is not an admission that the original work was defective.

Warranty timelines are not guaranteed. Warranty repairs and re-work are scheduled around the Company's active paying production queue and are completed as workload and material availability allow. The Company does not guarantee a completion date for warranty work, and warranty service does not entitle the Client to priority scheduling.

24. Comfort, Feel & Appearance Are Subjective

Firmness, softness, cushion feel, seat comfort, and the look of materials such as suede, Alcantara, leather, and napped fabrics are subjective and vary by person, lighting, and use. The Company builds to professional standards and to the agreed materials and specifications.

A difference in personal preference regarding comfort, firmness, nap direction, sheen, or feel is not a defect in workmanship and is not covered by warranty, provided the work was performed to the agreed scope and materials. Natural and napped materials show inherent variation in grain, tone, texture, and direction that is normal and is not a defect.

25. Sentimental, Antique & Irreplaceable Items

The Company understands that many items carry sentimental, historic, or family value. That value is personal and cannot be measured or insured by the Company. For any item, the Company's responsibility and any liability are limited as stated in this Agreement (see Section 27, Limitation of Liability) and are based on the amount paid for the Services, not on the item's sentimental, collectible, or replacement value. Clients with items of high monetary or irreplaceable value should maintain their own insurance. Antique and aged items carry inherent fragility, dryness, and prior wear; the Company is not responsible for pre-existing weakness, hidden damage, or fragility that becomes apparent during normal handling and work (see also Section 15).

26. Inspection & Acceptance at Pickup

The Client is responsible for inspecting the completed work, and the condition of the item, at the time of pickup. If the Client does not identify a workmanship concern, or a claim of new damage, in writing within seven (7) days of pickup, the Services are deemed accepted as satisfactory and complete. Acceptance does not waive the Client's rights under the limited warranty in Section 23 for defects in workmanship that were not reasonably discoverable at pickup.

27. Limitation of Liability

To the fullest extent permitted by law, and except for liability that cannot be limited under Colorado law:

(a) The Company's total liability for any claim arising out of or relating to the Services or this Agreement is limited to the amount the Client actually paid to the Company for the project giving rise to the claim;

(b) The Company is not liable for indirect, incidental, consequential, special, or punitive damages, including loss of use, diminution in value, loss of profits, or damage to the underlying item not caused by the Company;

(c) Liability is based on the amount paid for the Services and not on an item's sentimental, historic, collectible, or replacement value, which the Company cannot measure or insure (see Section 25);

(d) The Company is not liable for damage to items during transport by the Client or a third party; for pre-existing damage, defects, or conditions not disclosed before work began; or for loss or damage caused by fire, theft, vandalism, weather, natural disaster, or other events beyond the Company's reasonable control; and

(e) The Company carries insurance appropriate to its business; nothing in this Agreement requires the Company to insure the Client's item against loss, and the Client is responsible for maintaining the Client's own insurance on items of significant value.

28. Premises Monitoring & Recording

The Company's premises are monitored and recorded by video and, in areas permitted by law, audio, for security and for the protection of both the Company and its clients. By entering the Company's premises, or by delivering or leaving an item at the premises, the Client consents to being recorded. Colorado is a one-party-consent state for audio recording, and the Company is a party to communications occurring on its premises. Recordings are the property of the Company and may be used to document the condition of items, to confirm what was discussed or authorized, and to resolve or defend against any dispute, claim, or chargeback. Nothing in this section requires the Company to record, retain, or produce any recording.

29. Honest Reviews & False Statements

The Company values honest feedback. Nothing in this Agreement prevents, penalizes, or restricts the Client from sharing a truthful review or an honest opinion about the Company, its Services, or the Client's experience, on any platform. The Client retains the full right to post honest reviews.

This Agreement does not limit honest reviews, but it does not waive the Company's legal rights regarding knowingly false statements. The Client agrees not to publish statements of fact about the Company that the Client knows to be false. The Company reserves all rights and remedies available under law for false and defamatory statements of fact (libel or slander), for the publication of fabricated or fraudulent reviews, and for coordinated or fake review activity by persons who are not genuine customers. An honest opinion or a genuine account of a real experience is not a false statement of fact and is fully protected. This section is a reservation of existing legal rights only and is not legal advice.

30. Communication, Updates & Consent

The Client consents to receive project-related communications from the Company by phone, text message, and email, including estimates, updates, photos, completion notices, and pickup reminders, at the contact information the Client provides.

The Company will make reasonable efforts to keep the Client informed of meaningful progress and of material delays. Because the shop is actively in production, the Company may not be able to respond to every individual status request immediately, and a delay in responding to a non-urgent message is not a breach of this Agreement or grounds for a refund. The Company communicates primarily by text and email and will respond as promptly as the workload reasonably allows.

31. Dispute Resolution, Arbitration & Class-Action Waiver

The parties will first attempt to resolve any dispute informally and in good faith by direct discussion. If a dispute is not resolved within thirty (30) days, the following applies:

(a) Binding arbitration. Except as carved out below, any dispute arising out of or relating to this Agreement or the Services that cannot be resolved informally shall be resolved by final and binding arbitration administered in Larimer County, Colorado, under the rules of a recognized arbitration provider agreed upon by the parties, and judgment on the award may be entered in any court of competent jurisdiction. The parties waive the right to a jury trial.

(b) Small-claims carve-out. Either party may bring an individual claim within the jurisdictional limit of the Colorado small claims court in the small claims court for Larimer County, Colorado, instead of arbitration. The Company expressly retains the right to pursue collection of unpaid balances, enforcement of its lien, and recovery of possession through small claims or other appropriate court.

(c) Class-action waiver. All disputes must be brought in the parties' individual capacities and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate claims and may not preside over any form of class proceeding.

(d) Venue and governing law. This Agreement is governed by the laws of the State of Colorado without regard to conflict-of-laws principles. The exclusive venue for any matter not subject to arbitration is the state courts located in Larimer County, Colorado, and the Client consents to that jurisdiction and venue.

(e) Prevailing-party fees. In any arbitration or court proceeding arising out of this Agreement, the prevailing party is entitled to recover its reasonable attorney fees and costs, in addition to any other relief awarded.

32. Ownership, Prior Work & No Assumed Liability

Stitchmasters LLC is the current owner and operator of the business. Stitchmasters LLC did not assume, and is not responsible for, any liability, warranty, deposit, or obligation arising from work performed, or goods sold, by any prior owner or operator of the "Stitchmasters" business or trade name.

Any Services the Company performs on an item originally worked on by a prior owner are new Services under a new agreement. A courtesy or goodwill repair, if offered, is not an admission of liability, does not assume any prior obligation, and does not extend any prior warranty. This Agreement, and the limited warranty in Section 23, apply only to Services the Company itself performs.

33. Photo & Media Release

The Company may photograph and video its own work, before, during, and after completion, and may use those images for its records, portfolio, website, and marketing. These images depict the work product and do not include the Client's personal identity, contact information, license plates, or VINs without separate consent. The Client may opt out of marketing use by notifying the Company in writing.

34. Acceptance & Binding Effect

This Agreement may be accepted, and becomes binding on the Client, by any of the following:

(a) the Client signing this Agreement, physically or electronically;

(b) the Client accepting these terms electronically, including by checking an acceptance box or submitting an electronic form that references these terms; or

(c) the Client authorizing the Services, paying a deposit or invoice, or delivering or leaving an item with the Company, in each case after the Client has been given notice of and access to these terms (including by a reference and link on an estimate, invoice, or work order).

A signature is the preferred method for larger or custom projects. For all Services, the Client's payment or authorization following notice of these terms constitutes acceptance of this Agreement. These terms are incorporated by reference into every estimate, invoice, and work order, and a copy is available on request and at the Company's place of business.

35. General Provisions

  • Entire agreement. This Agreement, together with the applicable written estimate, invoice, or work order, is the entire agreement between the parties and supersedes all prior or contemporaneous discussions, representations, and understandings.

  • No verbal modifications. No change to this Agreement is binding unless confirmed in writing by the Company. No employee statement, verbal assurance, or course of dealing modifies these terms.

  • Severability. If any provision is found unenforceable, the remaining provisions remain in full force, and the unenforceable provision is enforced to the maximum extent permitted by law.

  • No waiver. The Company's failure to enforce any provision is not a waiver of its right to enforce it later.

  • Assignment. The Client may not assign this Agreement without the Company's written consent.

  • Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control.

36. Colorado Consumer Rights

Nothing in this Agreement waives or limits any right or remedy the Client may have under the Colorado Consumer Protection Act (C.R.S. Section 6-1-101 et seq.), the Colorado Unfair Practices Act (C.R.S. Section 6-2-101 et seq.), the Colorado motor vehicle repair statutes (C.R.S. Section 42-9-101 et seq.), or other applicable Colorado law that may not be waived by agreement. Where any term of this Agreement conflicts with a non-waivable right, that right controls and the remainder of this Agreement remains in effect.

Acknowledgment

By signing, paying, authorizing work, or leaving an item with us, the Client acknowledges that they have read and understand this Agreement in its entirety, including the scope limited to the written invoice (Section 2), the non-refundable deposit (Section 4), the no-warranty terms for Client-supplied materials, items, and measurements (Section 10), the automotive safety-system release (Section 14), breakage of aged components during disassembly (Section 15), documentation of item condition and pre-existing damage at drop-off (Section 16), the Company's lien and right to retain and sell property (Sections 21-22), the subjective nature of comfort and appearance (Section 24), the limitation of liability (Section 27), consent to video and audio recording on the premises (Section 28), and the arbitration and class-action waiver (Section 31), and agrees to be bound by all terms.

A printable copy with a signature block is available on request and at our place of business.