Terms and agreements

These Terms of Services (“Terms”) constitute the entire understanding and agreement between the Client (“the Client”) and The Modern Modiste LLC and its affiliates (“The Modern Modiste”) relating to the purchase of garment alterations described on the invoice (the “Services”) and supersedes and replaces any and all prior agreements, whether written or oral, that may exist between them with respect thereto.

I. Invoicing.

Any changes in Client’s measurements after the first fitting which cause additional or different Services to be rendered are subject to additional charges. The Client presumes all responsibility over any weight gain or loss that may affect the way a garment fits. Client who come more than 3 months before their weddings do so at their own understanding that The Modern Modiste cannot control for changes in fit due to body fluctuations after the final fitting is over. Any changes that need to be made after the second fitting is subject to additional alterations costs, additional appointments, etc. Clients who choose to come early do so at their own financial risk.

Dry cleaning, steaming, and pressing are separate services that are not included in base tailoring services. The base quote is subject to change if the Client requests changes after the initial consultation (including those needed due to weight fluctuations or changes in shoes) or additional materials are required. Any changes in heel height are subject to additional re-fitting charges. 

The total amount of the invoice is due at the final fitting or time of pickup. All alterations and dress care agreements are final - no refunds or exchanges are given. Any accessories purchased in-studio are non-refundable.

II. Fittings, Acceptance. 

The Modern Modiste will begin to perform the Services upon receiving the garment. Services provided are based on the measurements provided at the time of the Client’s first fitting. The Modern Modiste cannot be held responsible for dresses that do not fit properly due to weight loss or gain, pregnancy, surgery, failure to wear the same shoes or undergarments from the first fitting, etc. Clients are advised to not introduce any major lifestyle changes that may influence body weight and type as not to disrupt the fitting process.

The Modern Modiste will execute the tailoring work as discussed during fittings; if a seam cannot be opened or sewn, or if any alteration technique is deemed high-risk yet the client chooses to proceed, this is done at the client's own risk. Some garments may be unalterable or unalterable in certain areas. Techniques and approaches are taken at the discretion of The Modern Modiste. The client expresses acknowledgement that altering a dress is a deliberate modification to the dress, and not all alterations can be undone.

Any cancellations or reschedules of first, second, third, or final fittings made within 48 hours are subject to a $50 appointment fee. Clients who miss 50% or more of the allotted appointment time will be charged the late fee and will need to reschedule their fittings. Any additional elective appointments requested by the Client outside the standard 3 fittings will incur a $50 appointment fee. This includes appointments for refittings, change of mind, appointment to try accessories, etc.

All clients that do not leave garments to be altered down the same day will have received an “estimate”. Estimates incur a non-refundable $25 appointment fee, and estimates are valid for 1 business day. This $25 appointment fee will be waived if The Modern Modiste is able to provide alterations services to the Client.

Clients who decide to pick-up their dresses earlier or cancel alterations (if possible) agree to accept their dresses in their unfinished state.

All concerns or complaints are to be addressed with The Modern Modiste during the fitting process and before the final fitting. In the event of a disagreement, any and all resolutions will be at the discretion and sole responsibility of The Modern Modiste. Should the Client neglect to come for a scheduled fitting, The Modern Modiste is not liable for the fit or finish work of the garment.

III. Customizations. 

Any customization in the design of a garment, are based on the information provided at the time of Client’s initial request for such customization. Some requested customizations may not be technically feasible or may be considered high-risk, and The Modern Modiste cannot be held liable for changes to the dress if the client consents to such changes. Any changes in the design by the Client after this initial request are subject to additional charges, or may not be able to be completed. Diagrams and fitting notes will serve as the written record for customization requests.

Any dress customizations made outside of the structure of the garment as received (i.e. original seams) are performed at the Client's own risk. Clients may be held responsible for acquiring the proper materials (additional fabric, beads, straps, sleeves, etc.) for customizations and may be charged separately if those materials must be acquired on the client's behalf. The Modern Modiste is not responsible for any liaising between the client and a third-party providing materials; the responsibility and risk is ultimately assumed by the client.

IV. Pickup, Delivery. 

All accounts must be paid in full before the Client’s dress can be released. If the Client would like another party to pick up the garment on their behalf, The Modern Modiste must receive expressed permission and consent with that party’s name. Acceptance of and satisfaction with the Services shall automatically be deemed to have occurred upon the earlier of Client or surrogate receipt of garment.

Once the dress leaves The Modern Modiste’s possession, the store and the tailors are not held responsible for the gown. This includes, but is not limited to wrinkling, stains, wear and tear from ceremony and/or reception, bustles falling out from being stepped on, etc. The Client shall inspect the garment upon final fitting and pick-up; The Modern Modiste cannot be held responsible for fit and wear once the garment leaves the premises. Final pick-ups are interpreted as acceptance.

Any dresses that do not have a fully paid invoice (or bounced payment) become possession of The Modern Modiste after 30 days. Unclaimed dresses become possession of The Modern Modiste after 30 days. The dress may be released at full discretion of The Modern Modiste after the final balance and any late fees have been fully paid. Garments not picked up for 7 days may incur a storage fee. Any garment not picked up for 30 days may be donated to charity.

V. Warranty Disclaimer. 

The Client acknowledges The Modern Modiste makes no guarantee as to the fit of any garments before or after services are performed. Unless otherwise expressly provided herein, all services are provided as-is, and The Modern Modiste hereby disclaims any and all representations and warranties, express or implied, including without limitation the warranty of merchantability, fitness of a particular purpose.

VI. Limitation of Liability. 

In no event will The Modern Modiste be held liable for any indirect, incidental, special, punitive, consequential, exemplary or similar damages including without limitation, lost profits, loss of use, pain and suffering or mental anguish, related to or arising out of the Services provided. In no event will The Modern Modiste be held liable for any direct damages related to or arising out of the services in excess of the price paid by the Client for the service which is the subject of the claim. The Modern Modiste shall assume no responsibility, whatsoever, for any damages caused to members or third parties as a result of the stoppage of services to a member to whom any of the previous provisions apply.

VII. Force Majeure. 

Any delay or failure in the performance by The Modern Modiste shall be excused if and to the extent caused by the occurrence of a Force Majeure. Force Majeure shall mean a cause or event that is not reasonably caused by or under the control of The Modern Modiste, including acts of God, fires, floods, explosions, riots, wars, hurricane, terrorism, vandalism, governmental acts, injunctions, labor strikes, and errors or omissions of a manufacturer or its distributor.

VIII. Right of Refusal. 

The Modern Modiste, affiliates, and contracted agents reserve the right to refuse alteration services or sales to any individual under any circumstances at any time.

IX. Website Content. 

Information provided on this website is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. User and Client accesses, uses, and relies upon such content at User’s/Client’s own risk.

X. COVID-19 Addendum. 

Client understands that The Modern Modiste works to maintain a safe work environment, including but not limited to, complying with applicable governmental laws, directives, orders, and regulations (each a “Governmental Order”). Client further understands and agrees that The Modern Modiste shall not be required to perform under this Agreement if the Event is held in violation of a Governmental Order or The Modern Modiste’s participation in the Event would violate a Governmental Order. Client understands that the fitting process will not be extended to accommodate any reschedules in wedding dates. By signing this agreement, client understands that cancellations may not be possible and they will be responsible for covering the full costs of alterations. The Modern Modiste will not hold dresses after alterations have been complete, and the final balance will be due when the work has been completed.

While under the COVID-19 operating protocol, The Modern Modiste will minimize the number of appointments needed; fittings are completed when the dress is released back to client (even if this is just one or two fittings). If the wedding or event is rescheduled or postponed, the fitting process cannot be elongated or stretched out. The Modern Modiste is not able to provide dress storage and clients must pickup their dresses after the 3-4 month standard period. The Modern Modiste is not responsible for changes in fit after the 3-4 month standard period from first fitting and/or once the dress has been taken home.

XI. Terms and Conditions Revisions. 

The Modern Modiste reserves the right to change these terms and conditions at any time without prior notice; The Modern Modiste may change, add, suspend, cancel, remove or otherwise modify the services offered at any time without prior notice. Any such modification will be effective immediately upon public posting (www.ModernModiste.com/terms). Your continued use of our Service and this Site following any such modification constitutes your acceptance of these modified Terms.

Clients who book an appointment with The Modern Modiste must agree to these terms and conditions to receive service with The Modern Modiste. The parties agree that this agreement may be electronically signed (as agreed to upon booking). The parties agree that the electronic confirmation offered at time of appointment booking are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. Clients who book an appointment with The Modern Modiste must agree to these terms and conditions to receive service with The Modern Modiste.

ADDITIONAL TERMS RE: CLEANING, STEAMING, PRESSING, AND PRESERVATION

I. Deposits and Invoicing. 

Dry cleaning, steaming, and pressing are separate services that are not included in base alteration services. Any fees are due at time of drop-off and are non-refundable. All alterations and dress care agreements are final - no refunds or exchanges are given. Any accessories purchased in-studio are non-refundable.

II. Process, Acceptance. 

We exercise utmost care in processing articles entrusted to us and use such processes which, in our opinion, are best suited to the nature and condition of each individual article. Nevertheless, we cannot assume responsibility for inherent weaknesses of or defects in materials that are not readily apparent prior to processing. This applies particularly, but not exclusively, to suedes, leathers, silks, satins, double-faced fabrics, vinyls, polyurethanes, etc. Responsibility also is disclaimed for trimmings, buckles, beads, buttons, bells and sequins. In laundering item(s) are not inspected, therefore we will not be responsible for any claims, including shrinkage, discoloring, runs, rips, tears, or any other damage. Note that dress cleaning, pressing, steaming may change the texture of certain fabrics and garments. Cleaning risks are assumed by the client alone.

The Modern Modiste is not responsible for any staining, damage, or wrinkling after the point of pick-up. This includes long-term care for wedding dresses that are cleaned and/or preserved, as many variables outside of our control can contribute to aging and wear/tear.