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SwagLaunch Fulfillment Agreement

Twisted Swag Fulfillment Agreement

SwagLaunch Fulfillment Services Agreement

This SwagLaunch Fulfillment Services Agreement is a binding agreement between Twisted Swag, Inc., an Arizona company located in Phoenix, Arizona, and the brand, business, organization, or individual submitting this agreement. By checking the required boxes, typing your legal name, and submitting this form, you agree to the terms below.

Important: This agreement is intended to establish clear fulfillment rules before production, storage, order processing, printing, packaging, shipping, or related services begin. Do not submit this agreement unless you have authority to bind the business, brand, organization, or account listed below.

1. Agreement Parties and Account Information

This Agreement is entered into by and between Twisted Swag, Inc., referred to as “Twisted Swag,” “Company,” “we,” “us,” or “our,” and the person, business, brand, organization, or legal entity submitting this Agreement, referred to as “Client,” “Brand,” “you,” or “your.”

2. Scope of Services

Twisted Swag may provide one or more fulfillment-related services to Client, including apparel decoration, DTF printing, screen printing, embroidery coordination, SKU review, artwork review, production workflow setup, order processing, packing, staging, storage, branded insert handling, shipping coordination, customer-supplied item review, and related production or fulfillment support.

Fulfillment services are not automatically activated by submitting this Agreement or purchasing a membership. Twisted Swag must first review and approve Client’s account, products, artwork, garments, SKU structure, order flow, fulfillment method, shipping rules, packaging requirements, and payment status.

Twisted Swag may accept, reject, pause, limit, delay, or terminate fulfillment services at its sole discretion if Client’s products, artwork, order volume, garment selection, store setup, payment status, communication, behavior, legal compliance, or fulfillment requirements create operational, financial, legal, reputational, safety, or quality risk.

3. Membership Fees, Production Costs, and Separate Charges

Client understands that the monthly fulfillment membership fee is an access and account-support fee only. The membership fee does not include blank garments, printing, embroidery, DTF transfers, screen setup, artwork cleanup, digitizing, shipping, storage, special packaging, inserts, labels, returns, replacements, rush work, special handling, customer service to Client’s end customers, chargeback losses, taxes, platform fees, or any other item not expressly stated in writing as included.

Production, decoration, shipping, storage, packaging, and special handling costs are charged separately based on Twisted Swag’s current pricing, custom quotes, written approvals, order details, garment type, artwork complexity, production method, quantity, turnaround requirements, and operational difficulty.

Twisted Swag may update pricing, fees, membership requirements, storage rates, production charges, and service availability at any time. Updated pricing will apply to future orders, renewals, production runs, or services after notice or publication.

4. Payment Authorization, Billing, and Nonpayment

Client authorizes Twisted Swag to charge Client for membership fees, production charges, order handling, garment costs, decoration costs, storage fees, shipping charges, packaging costs, artwork services, rush work, special handling, replacement costs, unpaid balances, and other approved or incurred charges related to Client’s account.

Client agrees to maintain a valid payment method on file when required. Twisted Swag may pause production, hold orders, suspend fulfillment, withhold stored inventory, decline new orders, delay shipments, or terminate the account if payment fails, is disputed, is reversed, is charged back, is delayed, or remains unpaid.

Client agrees that chargebacks, payment disputes, or attempted reversals for completed, customized, printed, decorated, shipped, staged, stored, or specially ordered work are a material breach of this Agreement unless Twisted Swag has provided written consent to refund or reverse the charge.

Client is responsible for all collection costs, reasonable attorneys’ fees, court costs, chargeback fees, bank fees, administrative fees, and other costs incurred by Twisted Swag to collect unpaid amounts.

5. Order Approval, Artwork Approval, and Final Responsibility

Client is responsible for reviewing and approving all products, variants, sizes, colors, artwork, print placements, mockups, proof files, spelling, grammar, colors, logos, quantities, order details, shipping addresses, customer data, and production instructions before production.

Client understands that mockups, previews, product images, and digital proofs are visual approximations only. Actual print size, placement, color, texture, feel, alignment, opacity, garment interaction, thread appearance, transfer appearance, and production results may vary within commercially reasonable tolerances.

Once artwork, product details, or an order is approved, submitted, imported, synced, or released for production, Client is responsible for all resulting costs, even if Client later discovers an error in artwork, spelling, sizing, color, placement, product selection, shipping address, customer information, or order settings.

Twisted Swag is not responsible for errors caused by Client’s store setup, product configuration, SKU mapping, automated order flow, third-party apps, artwork upload, incorrect variants, incorrect shipping information, duplicate orders, fraud, customer mistakes, Client approvals, or failure to review proofs.

6. Printing, Decoration, and Production Tolerances

Client acknowledges that apparel decoration is a manufacturing process and is subject to reasonable variation. Twisted Swag does not guarantee exact matches to digital screens, mockups, Pantone colors, RGB values, CMYK values, prior print runs, sample pieces, competitor products, customer-provided examples, or digitally rendered previews.

Commercially reasonable production variations may include minor print placement shifts, alignment variation, garment-to-garment variation, color variation, DTF hand feel, edge visibility, slight film or adhesive outline, press marks, screen print texture, coverage variation, opacity variation, embroidery puckering, backing visibility, thread variation, natural garment defects, manufacturer defects, shade variation, shrinkage, seams, dye lots, and reorder differences.

Twisted Swag may determine whether a product falls within commercially reasonable production tolerance. Minor variation is not considered a defect and does not entitle Client or Client’s customer to a refund, remake, replacement, cancellation, chargeback, or credit.

7. Customer-Supplied Apparel and Outside Materials

Client may request decoration on customer-supplied apparel or outside materials only if Twisted Swag approves the items before production. Twisted Swag may reject or refuse outside items for any reason, including fabric risk, dye migration risk, heat sensitivity, unknown material composition, inconsistent quality, stains, prior wear, odor, counterfeit goods, luxury items, sentimental value, construction issues, seams, coatings, waterproofing, sizing issues, inventory count discrepancies, or production difficulty.

Client understands that customer-supplied items carry increased risk. Twisted Swag is not the manufacturer of customer-supplied garments and cannot guarantee their quality, durability, dye stability, heat tolerance, fabric behavior, chemical reaction, shrinkage, bleed resistance, press compatibility, embroidery compatibility, or ability to accept decoration.

Client assumes all risk of loss or damage to customer-supplied items, including misprints, scorch marks, dye migration, adhesive issues, press marks, staining, shrinkage, melting, discoloration, embroidery damage, seam issues, platen marks, equipment-related marks, handling marks, sorting errors, production spoilage, and any other issue that may occur during normal intake, storage, handling, testing, decoration, packing, or shipping.

Client agrees to provide extra units when customer-supplied items are used. Twisted Swag may require a spoilage allowance and may refuse production if extra units are not provided.

Twisted Swag is not responsible for replacing, reimbursing, sourcing, or compensating Client or any customer for customer-supplied items that are damaged, lost, defective, incompatible, spoiled, or unsuitable for production.

8. Dye Migration, Heat Sensitivity, and Fabric Risk

Client understands that certain garments, including polyester, performance wear, sublimated garments, neon garments, red garments, dark garments, pigment-dyed garments, water-resistant garments, chemically treated garments, fleece, nylon, spandex, blends, and unknown fabrics may present increased risk of dye migration, scorching, discoloration, press marks, adhesive failure, transfer issues, ghosting, melting, shrinkage, or decoration failure.

Dye migration may occur immediately or after production, storage, shipping, washing, heat exposure, or customer use. Twisted Swag is not responsible for dye migration or garment reactions caused by the underlying fabric, dye, finish, supplier, manufacturer, customer-provided garment, or material composition.

Twisted Swag may recommend alternative garments, decoration methods, testing, or disclaimers. If Client chooses to proceed despite known or unknown fabric risk, Client assumes all related consequences.

9. Inventory, Storage, Abandoned Property, and Count Discrepancies

If Twisted Swag stores blank garments, finished goods, inserts, packaging, labels, or other items for Client, storage is provided only by written approval and may be subject to monthly fees, space limits, SKU limits, bin limits, shelf limits, receiving fees, sorting fees, inventory handling fees, and other charges.

Client is responsible for maintaining accurate inventory records unless Twisted Swag expressly agrees in writing to provide inventory management. Inventory counts may vary due to production use, spoilage, miscounts, supplier errors, returns, samples, replacements, order corrections, or system timing. Twisted Swag is not responsible for Client’s lost revenue, lost profits, overselling, stockouts, inaccurate storefront availability, or app sync issues.

Inventory or materials left unpaid, unclaimed, inactive, or abandoned for more than thirty (30) days after written notice may be treated as abandoned property. Twisted Swag may dispose of, donate, recycle, destroy, liquidate, or otherwise remove abandoned items without liability. Client remains responsible for unpaid balances, storage fees, disposal fees, labor, shipping, and administrative costs.

10. Shipping, Delivery, Carriers, and Risk of Loss

Shipping and delivery timelines are estimates only unless Twisted Swag expressly agrees in writing to a guaranteed service level. Twisted Swag is not responsible for delays caused by carriers, weather, holidays, incorrect addresses, failed delivery attempts, lost packages, stolen packages, customs, third-party systems, inventory shortages, supplier delays, power outages, labor shortages, equipment issues, force majeure events, or Client delays.

Risk of loss transfers to Client or Client’s customer when the package is delivered to the carrier, marked shipped, picked up, or otherwise leaves Twisted Swag’s possession, whichever occurs first. Twisted Swag is not responsible for carrier loss, theft, delays, misdelivery, tracking errors, or delivery problems after handoff to the carrier.

Client is responsible for providing complete and accurate shipping addresses. Address corrections, reshipments, returned packages, refused deliveries, undeliverable packages, reprints, replacements, and related shipping charges are Client’s responsibility unless Twisted Swag determines in writing that the issue was caused solely by Twisted Swag’s error.

11. Returns, Refunds, Cancellations, and Replacements

Because fulfillment products are custom, decorated, printed, embroidered, made-to-order, sorted, handled, stored, packed, or produced for Client, orders are generally not cancelable, refundable, returnable, or exchangeable once approved, submitted, imported, synced, staged, printed, decorated, ordered, packed, shipped, or otherwise placed into production.

Twisted Swag may offer a remake, replacement, store credit, correction, or refund only if Twisted Swag determines in writing that a material production error was caused solely by Twisted Swag and falls outside commercially reasonable production tolerance.

Client must report claimed production issues in writing within five (5) calendar days of delivery or pickup. Client must provide photos, order number, product details, packaging photos if applicable, and any other evidence requested by Twisted Swag. Failure to report within this period waives the claim.

Twisted Swag is not responsible for customer dissatisfaction caused by buyer remorse, wrong size ordered, customer measurement error, color perception, garment fit, garment shrinkage, care or washing failure, customer expectations, mockup differences, customer-provided artwork, store policy, shipping address errors, customer-supplied items, or Client’s failure to communicate product details to its customers.

12. Intellectual Property, Artwork Rights, and Prohibited Content

Client represents and warrants that Client owns, controls, licenses, or has written permission to use all artwork, logos, trademarks, copyrights, images, slogans, names, designs, brand assets, photographs, celebrity references, school marks, team marks, business logos, organization marks, and other content submitted to Twisted Swag.

Client is solely responsible for all intellectual property clearance. Twisted Swag is not responsible for determining whether Client has legal rights to use submitted content. Twisted Swag may reject any artwork or order for any reason, including suspected infringement, unlawful content, hate content, violent content, adult content, counterfeit branding, misleading claims, regulated goods, unsafe content, or content that may create reputational, legal, operational, or payment risk.

Client agrees to defend, indemnify, and hold harmless Twisted Swag from any claim, demand, lawsuit, chargeback, takedown, loss, damage, attorney fee, settlement, judgment, penalty, or cost arising out of Client’s artwork, brand, products, store, customer claims, intellectual property, advertising, product descriptions, or submitted materials.

13. Client Store, Customer Service, Product Claims, and End-Customer Relationship

Client is the seller of record to Client’s customers unless Twisted Swag expressly agrees otherwise in writing. Client is responsible for its storefront, product listings, descriptions, pricing, refund policies, shipping promises, customer support, advertising claims, tax obligations, privacy policies, terms of service, return policies, chargebacks, customer disputes, customer expectations, and compliance with applicable laws.

Twisted Swag is not responsible for Client’s marketing claims, delivery promises, product descriptions, customer complaints, customer support, product liability claims, platform policy violations, payment processor issues, sales tax obligations, marketplace suspensions, or customer refund expectations.

Client may not represent that Twisted Swag is responsible for Client’s customer service, refunds, warranties, order promises, business policies, or customer relationship unless Twisted Swag gives written consent.

14. Confidentiality, Systems Access, and Account Security

If Client grants Twisted Swag access to Shopify, apps, product files, order portals, artwork folders, shipping tools, shared drives, email threads, or other systems, Client authorizes Twisted Swag to access those systems solely for fulfillment-related purposes. Client remains responsible for account permissions, user access, app settings, billing, platform policies, data accuracy, and security.

Client must not send passwords through insecure channels unless requested through an approved method. Twisted Swag may require collaborator access, limited permissions, or other secure access methods.

Each party agrees to use reasonable care with confidential business information received from the other party. Confidentiality does not apply to information that is public, independently developed, already known, required by law, necessary to enforce this Agreement, or required to process orders, payments, production, shipping, or legal compliance.

15. No Guaranteed Sales, No Guaranteed Timelines, and No Business Outcome Warranty

Twisted Swag does not guarantee Client’s sales, profit margins, customer satisfaction, ad performance, store conversion rate, marketplace performance, product demand, repeat purchases, brand growth, review ratings, delivery speeds, or business results.

Any estimates, recommendations, mockups, pricing examples, production timelines, shipping timelines, launch suggestions, or fulfillment projections are estimates only and are not guarantees unless Twisted Swag expressly states otherwise in a signed written agreement.

16. Limitation of Liability

To the maximum extent permitted by Arizona law, Twisted Swag’s total liability for any claim arising out of or related to this Agreement, fulfillment services, production, printing, decoration, shipping, storage, account support, order processing, customer-supplied items, artwork, or related services shall not exceed the amount Client paid to Twisted Swag for the specific order or service giving rise to the claim.

Twisted Swag shall not be liable for indirect, incidental, consequential, special, exemplary, punitive, or lost-profit damages, including lost sales, lost revenue, lost customers, ad spend, marketplace penalties, platform suspensions, reputational damage, chargebacks, customer refunds, lost inventory value, missed events, delayed launches, lost opportunities, emotional distress, or downstream business losses.

Client agrees that the pricing of Twisted Swag’s services reflects this allocation of risk and that Twisted Swag would not provide fulfillment services without these limitations.

17. Indemnification

Client agrees to defend, indemnify, and hold harmless Twisted Swag, Inc., its owners, officers, directors, employees, contractors, suppliers, affiliates, agents, and representatives from and against any claims, demands, damages, losses, liabilities, lawsuits, chargebacks, penalties, settlements, judgments, attorneys’ fees, court costs, and expenses arising out of or related to Client’s artwork, products, storefront, customers, chargebacks, customer-supplied items, legal violations, intellectual property issues, nonpayment, negligence, misconduct, or breach of this Agreement.

18. Suspension, Termination, and Account Hold

Twisted Swag may suspend or terminate services immediately if Client fails to pay, disputes charges, submits risky or unlawful content, abuses staff, causes excessive operational burden, creates legal risk, provides inaccurate information, violates platform or payment rules, refuses to approve necessary costs, sends incompatible goods, repeatedly changes order requirements, or otherwise breaches this Agreement.

Upon suspension or termination, Twisted Swag may stop production, stop accepting new orders, disable fulfillment workflows, require payment of all outstanding amounts, return inventory at Client’s expense, dispose of abandoned materials after notice, or take other reasonable steps to protect itself.

Termination does not relieve Client of payment obligations, indemnification obligations, limitation of liability, confidentiality, dispute resolution, venue, governing law, or any other provision intended to survive termination.

19. Force Majeure and Operational Delays

Twisted Swag is not liable for delay, nonperformance, or partial performance caused by circumstances beyond its reasonable control, including acts of God, fire, flood, extreme weather, power failure, equipment failure, supplier shortages, garment shortages, carrier delays, labor shortages, strikes, pandemics, government action, civil unrest, cyber events, platform outages, app outages, payment processor failures, internet outages, customs delays, or other events outside Twisted Swag’s control.

20. Independent Contractor Relationship

Twisted Swag is an independent contractor. Nothing in this Agreement creates a partnership, joint venture, franchise, employment relationship, fiduciary relationship, agency relationship, or exclusive relationship between the parties. Client may not bind Twisted Swag to any obligation or represent that Client has authority to act on behalf of Twisted Swag.

21. Governing Law, Arizona Venue, and Dispute Resolution

This Agreement and all disputes, claims, transactions, services, orders, payments, production issues, and fulfillment matters related to this Agreement shall be governed by the laws of the State of Arizona, without regard to conflict-of-law rules.

Client agrees that any lawsuit, claim, or legal proceeding arising out of or related to this Agreement, Twisted Swag’s services, Client’s orders, production, fulfillment, payment, customer-supplied items, artwork, shipping, storage, or account relationship shall be brought exclusively in the state or federal courts located in Arizona. If legally permitted, venue shall be in Maricopa County, Arizona.

Before filing suit, the parties agree to make a good-faith effort to resolve disputes through written notice and direct communication. This requirement does not prevent Twisted Swag from taking immediate action to collect unpaid balances, stop production, protect intellectual property, prevent fraud, address chargebacks, recover inventory, or seek emergency relief.

The prevailing party in any dispute, collection action, lawsuit, or enforcement proceeding shall be entitled to recover reasonable attorneys’ fees, court costs, collection costs, expert fees, and expenses to the fullest extent permitted by law.

22. Electronic Signature, Consent to Electronic Records, and Binding Authority

Client agrees that this Agreement may be accepted electronically. By checking the required boxes, typing a legal name, submitting the form, purchasing a fulfillment membership, or using fulfillment services, Client consents to electronic records and electronic signatures and agrees that the electronic submission has the same force and effect as a handwritten signature.

The person submitting this Agreement represents and warrants that they are at least eighteen (18) years old and have full authority to bind the Client, brand, company, organization, or legal entity listed in this Agreement.

Client agrees that Twisted Swag may retain the submitted electronic record, checkbox confirmations, signature fields, email address, timestamp, page URL, payment records, order records, production records, email communications, and related account records as evidence of acceptance.

23. Entire Agreement, Updates, Severability, and No Waiver

This Agreement, together with any written quotes, invoices, product-specific terms, fulfillment intake forms, approved order details, pricing pages, and written communications incorporated by reference, represents the entire agreement between the parties regarding fulfillment services and supersedes prior oral or written discussions on the same subject.

Twisted Swag may update this Agreement for future services, future orders, renewals, or continued fulfillment access. Continued use of fulfillment services after notice of updated terms constitutes acceptance of the updated terms.

If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect. Failure by Twisted Swag to enforce any provision does not waive Twisted Swag’s right to enforce that provision later.

Digital Signature and Final Acceptance

By completing the fields below and submitting this Agreement, you confirm that you have read, understood, and agreed to all terms of the SwagLaunch Fulfillment Services Agreement.

By submitting this form, you agree that your typed name, checked boxes, email address, submitted account details, and timestamp may be used as evidence of your electronic signature and acceptance.