In this Agreement, Dream Street Graphics® may be referred to as “DSG” or “us,” and the Customer may be referred to as “Customer” or “you.”
1. INSTALLATION AND SERVICES: Customer hereby hires DSG to design and install artwork, graphics, and vinyl materials to Customer’s vehicle as further provided
herein. In some cases, Customer has retained DSG to design, print and ship artwork, graphics, and vinyl materials to Customer without installation by DSG.
2. PRICE; METHOD OF PAYMENT: For the service work performed, Customer will pay to DSG the amount detailed on this invoice. Customer must make payment
in advance for design work and the printing of graphics. Final payment must be made before Customer’s vehicle will be returned to Customer.
3. APPROVAL OF ARTWORK: Due to the creative nature of the product and service, Customer must approve all artwork and designs (“artwork”) oered by DSG
before the product will be printed and installed. After Customer approves the artwork, any subsequent changes to the design must be approved by DSG before the
product will be printed and installed and may result in additional design fees. DSG reserves the right to refuse service if it does not approve of the proposed design for
ethical, moral or legal reasons.
4. METHOD OF INSTALLATION: The service to be provided is both creative and unique, and, as a result, requires the work of DSG professionals who may, at their
discretion, apply seams, patches, and other variations as needed to t the product on the particular vehicle. Customer acknowledges and agrees that an X-Acto® knife or
other sharp object will be used during installation, and it is possible that the paint or paint nish of the vehicle will be etched or otherwise impacted. Customer hereby
assumes such risk.
5. REMOVAL OF PRODUCT; WAIVER OF RIGHTS: The product must be professionally removed, and any eort to remove the product by Customer or a third party
will waive Customer’s rights under the warranty provided herein. The cost to remove the product is not included in this invoice.
6. REPAIR WORK; WAIVER OF RIGHTS: Customer acknowledges and agrees that due to the nature of the product material, it is common that the product will curl
or detach itself from the vehicle and will need touch-up work or patching from time to time. This touch-up work is included in and limited by the warranty provided
herein and must be performed by DSG. Due to environmental conditions during printing, colors on replacement graphics may not always match precisely. Customer
shall accept variations in color with any repair work performed under the warranty provided herein. Any eort to touch-up, repair, or replace the product by Customer or
a third party will waive Customer’s rights under the warranty provided herein.
7. LIMITED WARRANTY: For six (6) months after DSG completes the service and installs the product, DSG will repair or replace any defective product installed by
DSG without charge to Customer. DSG may use new or used replacement products of the same quality. Customer must notify DSG of any claims under this warranty
immediately upon discovery. To obtain warranty service, please call or write DSG to schedule an appointment. DREAM STREET GRAPHICS® DOES NOT MAKE AND
This warranty does not cover repairs to the product that are needed because of an accident, Customer’s failure to operate the vehicle properly, or if someone other than
DSG attempts to repair or alter DSG’s service and/or product. All implied warranties, including the warranties of merchantability and tness for any special/particular
purpose, which cannot be waived by law, are hereby limited in duration to the term of this express limited warranty. DSG is not liable for consequential or incidental
damages. Customer agrees that this is DSG’s only warranty and DSG has given Customer no other warranty for the product or service. Under all circumstances, DSG’s
liability to Customer is limited to and may not exceed the price actually paid to DSG by Customer.
8. INTELLECTUAL PROPERTY; LIMITED LICENSE: Customer hereby promises and represents to DSG that Customer owns the artwork, logo, trademark, copyright,
etc. to be printed and installed or has a license for its use, and hereby grants to DSG a limited license for the purpose of designing, printing, and installing the artwork as
provided herein. Customer further acknowledges and agrees that as part of this limited license, DSG may use photographs of nished work and Customer’s vehicle,
before, during and after installation, for DSG’s marketing purposes.
9. INDEMNIFICATION: Customer hereby agrees to defend, hold harmless, and indemnify DSG from any and all liabilities, losses, expenses, damages, claims,
actions, and controversies which DSG may incur or suer as a result of the relationship between DSG and Customer or Customer’s actions. Immediately upon DSG’s
completion of the services and installation provided herein, even if the vehicle remains in DSG’s facility, Customer assumes all risk of loss. DSG cannot be held liable for
any loss or damage to items left in Customer’s vehicle.
10. RIGHT TO TERMINATE: DSG may terminate this Agreement with ve (5) days written notice to Customer, and may demand payment for work performed and
materials used, up to the date of termination.
11. DISPUTE RESOLUTION; LIMITATION ON LAWSUITS; VENUE: If any dispute between Customer and DSG results in a lawsuit, said lawsuit may only be led in the
Marion County Superior Court or Marion County Small Claims Court, Indiana, as DSG solely elects. Customer agrees not to seek to remove said claim to any other venue,
including another Small Claims Court within Marion County, Indiana. Customer agrees to pay any costs, mediation fees, and expenses incurred by DSG, and all Customer’s
own fees and expenses.
12. MECHANIC’S LIEN: Pursuant to Indiana Code 32-33-10 et seq., an express mechanic’s lien is hereby acknowledged on Customer’s vehicle to secure the amount
of repairs thereto, and all other amounts due under this Agreement.
13. BREACH; ATTORNEYS’ FEES: In the event Customer breaches any provision of this Agreement, DSG is entitled to other damages, treble damages on all stop
payments and bounced checks, interest at 12% per annum on all damages from the eective date of this Agreement through satisfaction of judgment, attorneys’ fees,
costs, and all collection expenses.
14. DUPLICATES: A photocopy or electronic copy may serve as an original of this Agreement.
15. ENTIRE AGREEMENT: Customer and DSG have spent some time discussing the installation and materials of their respective expectations and hopes for the
success of the service work. In executing this Agreement, Customer does not rely and has not relied on any representation or statement made by DSG or any of its
employees, agents or representatives, except those specically stated in this written contract. This Agreement sets forth the entire agreement between the parties hereto
and fully supersedes any and all prior agreements or understandings, written or oral, between the parties hereto. If there are two or more Customers, each shall constitute
an agent for the other(s), and, therefore, this Agreement is binding on them, jointly and severally. This Agreement shall be binding upon Customer’s heirs, administrators,
personal representatives, executors and successors. All parties shall be considered authors/drafters of this Agreement. Customer has carefully read and fully
understands all of the provisions of this Agreement, has been given a reasonable amount of time to consider this Agreement and consult with counsel, and is voluntarily
entering into this Agreement. Any modication to this Agreement shall be in writing, and executed by all parties hereto. This Agreement may only be changed by a
written agreement signed by all parties hereto. If any provision of this Agreement is found to be invalid or illegal by a court, the balance of this Agreement shall remain in