Terms of service
TERMS & CONDITIONS OF SALE AND PRODUCTION
Gotcher Holdings, LLC dba Creative Genius Enterprises
800 W Main St.
Gun Barrel City, Texas 75156
cgedesigner@gmail.com
www.creativegeniusenterprises.com
Effective Date: September 29, 2026
These Terms & Conditions of Sale and Production ("Terms") govern all quotations, estimates, orders, sales, services, production, installation, and other transactions between Gotcher Holdings, LLC dba Creative Genius Enterprises ("CGE," "Company," "we," "us," or "our") and the person or entity purchasing goods or services ("Customer").
By placing an order, paying a deposit or invoice, issuing a purchase order, approving artwork or a proof, electronically accepting an estimate or quote, signing an order, or otherwise authorizing CGE to proceed, Customer acknowledges that Customer has read, understands, and agrees to these Terms.
1. QUOTES AND ESTIMATES
Unless otherwise stated in writing, quotations and estimates issued by CGE are valid for fifteen (15) calendar days from the date issued.
Pricing is based upon the quantities, specifications, artwork, materials, production method, finishing, delivery method, and other information available when the quote is prepared.
Changes to quantity, product, garment, artwork, decoration method, print locations, colors, dimensions, finishing, installation requirements, shipping, production schedule, or other specifications may result in revised pricing.
Supplier pricing, freight charges, tariffs, taxes, material availability, or other costs outside CGE's reasonable control may require adjustment before an order is accepted.
Typographical, clerical, calculation, or obvious pricing errors may be corrected by CGE.
2. DEPOSIT AND PAYMENT
Unless otherwise stated in writing, a 65% deposit is required before CGE orders materials or begins production.
The remaining balance is due before finished merchandise is released, picked up, shipped, delivered, or installed unless Customer has approved credit terms with CGE.
Custom merchandise remains the property of CGE until payment has been received in full to the extent permitted by applicable law.
CGE may suspend production, withhold delivery, or decline additional work on accounts with overdue balances.
3. APPROVED CREDIT ACCOUNTS
Customers specifically approved by CGE for credit may receive Net 30 terms.
Credit privileges may be modified, suspended, or revoked by CGE at any time based upon payment history or creditworthiness.
Past-due balances may be subject to late charges, finance charges, or interest at the rate separately stated on the applicable credit agreement, quote, or invoice, but in no event exceeding the maximum amount permitted by applicable law.
Customer shall be responsible for reasonable costs of collecting valid past-due amounts, including collection expenses, court costs, and reasonable attorney's fees, to the extent recoverable under applicable law.
4. TAXES
Customer is responsible for all applicable sales, use, excise, and similar taxes unless Customer provides CGE with a valid exemption or resale certificate before invoicing.
5. ARTWORK AND DESIGN SERVICES
Artwork preparation, design, digitizing, vector conversion, color separation, setup, typesetting, logo recreation, image cleanup, or other creative services may incur additional charges.
Charges for artwork or design services compensate CGE for the work performed and do not automatically transfer ownership of CGE's editable production files, working files, source files, digitized embroidery files, screen separations, production templates, or other proprietary production assets.
Unless expressly transferred in writing, CGE retains ownership of its original working and production files.
If Customer purchases specific ownership or source-file rights from CGE, the scope of that transfer will be identified separately in writing.
6. CUSTOMER-SUPPLIED ARTWORK
Customer is responsible for the quality, resolution, dimensions, accuracy, and suitability of customer-supplied artwork.
Low-resolution, compressed, improperly formatted, or otherwise unsuitable artwork may require recreation or modification at additional cost.
CGE is not responsible for quality limitations caused by artwork supplied by Customer.
7. CUSTOMER RESPONSIBILITY FOR CONTENT
Customer is responsible for the content and lawful use of all artwork, names, logos, photographs, trademarks, designs, text, or other materials submitted to CGE.
CGE reserves the right to refuse any project that CGE reasonably believes would violate applicable law or expose CGE to legal liability.
8. PROOFS AND CUSTOMER APPROVAL
Production will not begin until required artwork has been approved by Customer.
Electronic approval by email, text message, online system, electronic signature, or other written electronic communication constitutes approval.
Customer is responsible for carefully reviewing all proofs, including:
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spelling and grammar;
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names and numbers;
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dates and contact information;
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artwork and logos;
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dimensions and proportions;
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print and embroidery locations;
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colors;
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garment/product selection;
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quantities and sizes;
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personalization information; and
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all other order specifications.
Approval constitutes Customer's representation that the proof is correct and authorized for production.
CGE is not responsible for an error appearing in finished goods when the finished goods accurately reproduce an error contained in an approved proof or Customer-supplied information.
9. CHANGES AFTER APPROVAL
Changes requested after artwork approval may result in additional artwork, setup, material, production, or rush charges.
Any change may restart the applicable production timeline.
If production has already begun, CGE may decline the requested change or require Customer to pay the cost of work already performed and materials already committed.
10. COLOR REPRESENTATION AND MATCHING
Colors displayed on computer monitors, mobile devices, printed proofs, office printers, and other electronic or non-production devices are representations only.
Actual production color may vary due to substrate, garment color, fabric composition, ink system, printing method, lighting, dye lot, material batch, coating, finish, and other manufacturing variables.
Unless specifically quoted and purchased, CGE provides a commercially reasonable closest color match.
Pantone/PMS or other specified color matching is available at additional cost and must be requested before production.
Even when a specified color is requested, reasonable variation may occur between production methods, substrates, garments, material batches, and repeat orders.
11. PRODUCTION TOLERANCES
Custom decoration and manufacturing processes are subject to reasonable production tolerances.
Minor variations in print position, embroidery position, dimensions, registration, color, ink deposit, material construction, garment manufacture, trimming, finishing, cutting, or other production characteristics are not considered defects when commercially reasonable for the applicable process.
Exact mathematical duplication between individual pieces is not guaranteed.
12. PRODUCTION SPOILAGE AND QUANTITY VARIATION
Printing, embroidery, finishing, manufacturing, and promotional-product production inherently involve a risk of production spoilage.
CGE will use commercially reasonable efforts to deliver the quantity ordered.
For customer-supplied merchandise, Customer is required to provide approximately 10% additional pieces above the final quantity required unless CGE agrees otherwise in writing.
Reasonable spoilage occurring during ordinary production is not considered a breach of these Terms.
Where CGE supplies the merchandise, CGE may replace reasonable production spoilage when commercially practicable or adjust the final invoice as appropriate.
Certain manufacturer or promotional-product orders may be subject to supplier-standard overruns or underruns. Customer will be advised when such tolerances materially affect the order.
13. CUSTOMER-SUPPLIED GOODS
CGE may accept customer-supplied garments, products, or materials at its discretion.
Customer acknowledges that decorating customer-supplied property carries risks, including staining, scorching, dye migration, discoloration, needle damage, tearing, misprints, press marks, hoop marks, equipment interaction, hidden defects, manufacturing defects, and other production loss.
Customer should not provide irreplaceable, sentimental, vintage, one-of-a-kind, or unusually valuable property for decoration.
Customer is required to provide approximately 10% additional pieces to accommodate normal production spoilage unless otherwise agreed in writing.
CGE will exercise commercially reasonable care but does not guarantee that every customer-supplied item will survive the decoration process without damage.
To the maximum extent permitted by law, CGE's liability for loss or damage to customer-supplied property caused by CGE shall not exceed the documented reasonable replacement cost of the undecorated item directly affected. CGE shall not be responsible for retail markup, sentimental value, lost profits, lost sales, event losses, or consequential damages associated with customer-supplied merchandise.
14. GARMENTS AND TEXTILES
Garment manufacturers may change sizing, construction, color, fabric composition, labeling, country of origin, or other characteristics without notice.
Garment colors and sizing may vary between brands, styles, production runs, and dye lots.
CGE does not manufacture the blank garments and is not responsible for ordinary manufacturer tolerances or inherent garment defects outside CGE's control.
Customer is responsible for confirming garment style, size range, color, and quantity before approval.
15. EMBROIDERY
Embroidery involves repeated needle penetration and mechanical tension.
Results may vary depending upon fabric, garment construction, seams, pockets, zippers, insulation, lining, coatings, waterproof membranes, backing, location, and design density.
Minor hoop marks, backing visibility, needle penetration, puckering, compression, or other characteristics inherent to commercially reasonable embroidery are not necessarily defects.
Embroidery may affect waterproof or water-resistant properties. Unless expressly agreed in writing, CGE does not warrant continued waterproofing following embroidery.
Customer assumes additional risk when requesting embroidery in areas containing concealed seams, zippers, hardware, pockets, insulation, wiring, or other internal components.
16. PERSONALIZATION, NAMES, NUMBERS, AND ROSTERS
Customer is responsible for the accuracy of all names, numbers, sizes, titles, rosters, spreadsheets, and personalization data submitted to CGE.
Customer approval of personalization data constitutes authorization to produce it as submitted.
CGE is not responsible for incorrect information supplied or approved by Customer.
Changes made after personalization production begins may require complete replacement at Customer's expense.
17. PROMOTIONAL PRODUCTS AND THIRD-PARTY MANUFACTURING
Promotional products and certain specialty items may be manufactured or fulfilled by third-party suppliers.
Such orders may be subject to manufacturer production tolerances, inventory availability, material changes, factory overruns or underruns, substitutions, freight schedules, customs delays, and manufacturing limitations.
CGE will use commercially reasonable efforts to communicate material changes of which it becomes aware.
Manufacturer defects will be handled in accordance with the applicable manufacturer's policies where appropriate.
18. SIGNS, BANNERS, DECALS, AND GRAPHICS
Customer is responsible for approving dimensions, spelling, artwork, mounting requirements, intended application, and other specifications.
Unless CGE performs and documents field measurements, dimensions provided by Customer are Customer's responsibility.
Material life varies based upon substrate, installation surface, orientation, UV exposure, temperature, weather, maintenance, cleaning chemicals, and environmental conditions.
Any stated material life is an estimate or manufacturer rating and is not a guarantee of actual service life.
19. SIGN AND GRAPHIC INSTALLATION
Where CGE provides installation, Customer represents that CGE has permission to access and perform work at the installation location.
Customer is responsible for identifying concealed hazards and providing accurate information regarding the installation surface and site conditions.
Installation pricing assumes the site conditions disclosed when quoted. Unexpected conditions may result in additional charges.
Unless expressly included in CGE's written scope, Customer is responsible for permits, landlord approvals, property-owner approvals, engineering, electrical service, utility locating, and other governmental or site-specific requirements.
CGE is not responsible for failures caused by defective, deteriorated, contaminated, improperly painted, oxidized, unstable, or otherwise unsuitable installation surfaces.
20. VEHICLE GRAPHICS AND DECALS
Vehicle graphics are installed on the existing vehicle surface.
Customer is responsible for disclosing repainting, body repairs, aftermarket paint, failing clear coat, rust, oxidation, ceramic coatings, waxes, sealants, or other conditions that may affect adhesion or removal.
CGE does not warrant the condition of paint or clear coat beneath graphics.
Removal of graphics may reveal differences in paint color or finish caused by age and environmental exposure.
CGE is not responsible for paint, clear coat, body filler, or underlying finish that separates during installation or removal where the underlying surface was previously damaged, improperly repaired, deteriorated, or otherwise unsuitable.
Customer must follow any care instructions provided by CGE or the material manufacturer.
21. TURNAROUND TIME
Standard production turnaround is generally 10–14 business days after all of the following have occurred:
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required deposit/payment has been received;
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final artwork has been approved;
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all necessary order specifications have been confirmed; and
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required goods and materials are available to CGE.
Turnaround estimates do not include shipping or carrier transit time unless expressly stated.
Production times are estimates and are not guaranteed delivery dates unless CGE expressly agrees to a guaranteed deadline in writing.
22. RUSH SERVICE
Rush production is subject to capacity, material availability, and CGE's written acceptance.
Unless otherwise quoted:
1–6 business-day requested production: up to a 50% rush charge.
7–9 business-day requested production: up to a 25% rush charge.
Rush charges compensate CGE for production prioritization and do not guarantee against delays caused by events outside CGE's reasonable control.
A rush deadline does not begin until payment, approved artwork, specifications, and required materials are received.
23. CANCELLATIONS
Because CGE produces custom merchandise, orders cannot necessarily be canceled without cost once authorized.
If Customer cancels an order, Customer remains responsible for all costs incurred through the effective time of cancellation, including:
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completed artwork/design services;
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setup and digitizing;
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labor performed;
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merchandise and materials ordered;
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nonreturnable goods;
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supplier cancellation or restocking charges;
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freight;
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special-order products; and
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production already completed or in progress.
Any refundable portion of a deposit will be determined after these amounts have been deducted.
Once customized production has begun, affected custom merchandise is non-cancelable and non-refundable except where otherwise required by law.
24. RETURNS AND CUSTOM GOODS
Custom, decorated, personalized, special-order, and made-to-order merchandise is not returnable merely because Customer changes its mind, ordered an incorrect size, supplied incorrect information, or approved an incorrect proof.
This provision does not eliminate remedies available for a verified CGE production error.
25. INSPECTION AND CLAIMS
Customer must inspect merchandise promptly upon receipt.
Any claim concerning quantity, workmanship, decoration, or other apparent production error should be reported to CGE in writing within seven (7) business days after delivery or pickup and should include photographs and sufficient information for CGE to evaluate the claim.
Customer should not distribute, wear, install, alter, wash, resell, or otherwise use merchandise claimed to be defective before giving CGE a reasonable opportunity to inspect it.
Use or alteration of goods after discovery of an apparent defect may affect the remedies available for that item to the extent permitted by law.
26. CGE PRODUCTION ERRORS AND REMEDIES
If CGE verifies that finished goods materially fail to conform to the approved order due to CGE's production error, CGE will, as appropriate under the circumstances, repair, rework, replace, or refund the affected portion of the order.
To the extent permitted by applicable law, CGE may elect the commercially reasonable remedy.
CGE is not responsible for replacing unaffected merchandise solely because another portion of an order contains a correctable defect.
27. SHIPPING AND DELIVERY
Shipping, freight, courier, and delivery charges are Customer's responsibility unless otherwise stated.
Once an order has been tendered to a third-party carrier, delays caused by the carrier are outside CGE's control.
Customer is responsible for providing a complete and accurate shipping address.
Additional costs resulting from incorrect addresses, refused deliveries, redelivery, address corrections, or special handling may be charged to Customer.
Visible freight or shipping damage should be documented immediately upon receipt.
28. UNCLAIMED ORDERS
Completed orders should be picked up within 30 calendar days after Customer is notified that the order is ready.
After 30 days, CGE may assess reasonable storage charges.
To the extent permitted by law, merchandise remaining unclaimed for an extended period after reasonable notice may be treated as abandoned or otherwise handled as permitted by applicable law. Amounts already owed remain due.
29. PORTFOLIO AND MARKETING USE
Unless Customer notifies CGE in writing before production that an order is confidential, Customer grants CGE permission to photograph or display finished work for CGE's portfolio, samples, website, social media, showroom, advertising, and marketing.
CGE will not intentionally disclose Customer confidential information solely by exercising this portfolio right.
30. CHARGEBACKS AND PAYMENT DISPUTES
Customer agrees to contact CGE promptly regarding a legitimate order dispute and provide CGE a reasonable opportunity to address the matter.
Initiating a chargeback does not eliminate Customer's contractual payment obligations for authorized goods or services properly provided.
CGE reserves all rights and remedies available regarding fraudulent, abusive, or improper payment disputes.
31. PURCHASE ORDERS AND CONFLICTING TERMS
Customer purchase orders are accepted for administrative convenience and do not modify these Terms merely because the purchase order contains additional or conflicting terms.
Unless an authorized representative of CGE expressly agrees otherwise in writing, these Terms control over inconsistent boilerplate terms contained in Customer purchase orders, procurement portals, acknowledgments, or similar documents.
32. GOVERNMENT AND PUBLIC-ENTITY CONTRACTS
For a school district, municipality, state agency, governmental body, or other public entity, mandatory statutory provisions and expressly accepted procurement or contract terms applicable to that transaction will control to the extent they legally supersede these Terms.
No provision of these Terms is intended to require a governmental entity to waive a right or immunity that cannot lawfully be waived.
33. FORCE MAJEURE AND EVENTS OUTSIDE CGE'S CONTROL
CGE is not liable for delay or failure caused by circumstances beyond its reasonable control, including severe weather, natural disaster, fire, flood, power outage, equipment failure despite reasonable maintenance, labor disruption, carrier delay, supplier failure, material shortage, transportation interruption, governmental action, civil emergency, epidemic, pandemic, war, terrorism, or similar events.
CGE will use commercially reasonable efforts to resume performance when reasonably possible.
34. WARRANTIES AND MANUFACTURER WARRANTIES
CGE warrants that its custom production services will be performed in a commercially reasonable manner consistent with the applicable production process.
Third-party products may be subject to manufacturer warranties, limitations, and exclusions.
Except for warranties expressly stated by CGE in writing and warranties that cannot lawfully be excluded, no additional warranty is created by samples, estimates, discussions, photographs, renderings, or expected-use statements.
35. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CGE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST SALES, LOST BUSINESS OPPORTUNITIES, EVENT COSTS, OR BUSINESS INTERRUPTION, ARISING FROM AN ORDER OR CGE'S PERFORMANCE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CGE'S AGGREGATE LIABILITY ARISING FROM A PARTICULAR ORDER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO CGE FOR THE PORTION OF THAT ORDER GIVING RISE TO THE CLAIM.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
36. COLLECTION COSTS
Customer is responsible for amounts validly due under an order.
Where permitted by applicable law, Customer shall also be responsible for reasonable collection costs, court costs, and reasonable attorney's fees incurred in collecting valid unpaid amounts or enforcing contractual rights.
37. GOVERNING LAW AND VENUE
These Terms and transactions governed by them shall be interpreted under the laws of the State of Texas, without regard to conflict-of-law principles.
Subject to any mandatory law applicable to a particular Customer or transaction, the parties agree that any judicial proceeding arising from these Terms or an order shall be brought in a court of competent jurisdiction serving the county in which CGE's principal business location is situated.
Nothing in this section overrides mandatory venue, jurisdiction, administrative claim procedures, or sovereign-immunity provisions applicable to a governmental entity.
38. ELECTRONIC TRANSACTIONS AND ACCEPTANCE
Customer and CGE may conduct transactions electronically.
Where permitted by applicable law, electronic approvals, signatures, communications, payment authorizations, purchase orders, and other electronic records may constitute written authorization and may be retained as evidence of the transaction.
Customer's payment of a deposit or invoice, approval of artwork, issuance of a purchase order, electronic acceptance of a quote, signature, or other written authorization to proceed constitutes acceptance of these Terms when these Terms have been made available to Customer as part of the transaction.
39. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE
The applicable quote, approved proof, written order specifications, any expressly executed project-specific agreement, and these Terms collectively constitute the agreement concerning the order.
If an expressly signed project-specific agreement conflicts with these Terms, the project-specific agreement controls as to that conflict.
No oral statement modifies these Terms unless confirmed in writing by an authorized CGE representative.
40. SEVERABILITY
If a provision of these Terms is determined to be invalid or unenforceable, the remaining provisions remain in effect to the maximum extent permitted by law.
41. NO WAIVER
CGE's failure to enforce a provision on one occasion does not waive its right to enforce that provision or any other provision later.
42. MODIFICATION OF TERMS
CGE may revise its standard Terms from time to time.
The version made applicable to and accepted in connection with a particular order will govern that order unless the parties expressly agree otherwise in writing.
Gotcher Holdings, LLC dba Creative Genius Enterprises
800 W Main St., Gun Barrel City, Texas 75156
cgedesigner@gmail.com
www.creativegeniusenterprises.com