TERMS & CONDITIONS
STORKS AND MORE
DBA The Stork Lady©
User Terms, Conditions and License Agreement
Storks and More DBA The Stork Lady© requires all online buyers of our Stork Lady© business packages to carefully read the following terms and conditions and agree to abide by them before purchase. If you cannot agree to the terms and conditions below you will not be able to order a business package. If you have any questions you can send an email describing your concerns to hello@storklady.com
By clicking the "I Accept" button below, you hereby accept and agree on behalf of yourself and, if you have a partner(s), on behalf of said partner(s), to be bound by the following terms and conditions. Your signature on a hard copy of this Business Agreement will be necessary after the purchase of your package and prior to delivery of your signs in order to become an affiliate of The Stork Lady©.
1. Stork Lady is a business which offers certain proprietary designs as listed on Exhibit A for use as yard decorations for the celebration of life’s events.
2. For the non-refundable fee of $2825 (4 signs) OR $3395 (6 signs) Stork Lady hereby grants a non-exclusive license to Licensees to the following designs (Hereinafter the “Proprietary Designs”). Seller agrees to provide the "Business Package" of the Buyer's choice. The Seller agrees to sell to no other Buyer within 20-miles (driving directions) of Buyer's home address. If a new Buyer requests a License Agreement from the Seller for an area located near an area where the Seller has already sold a Stork Lady business package, then the 20-miles will be determined by a geographic analysis of Google Maps. The Seller shall measure the 20-miles.
3. All of Stork Lady’s proprietary designs are Copyright and/or Trademark protected and may not be reproduced, altered or distributed in any format except as otherwise listed in this agreement, this includes, that the proprietary designs (including any future or new designs) are not to be modified, altered or changed in any manner without the express written permission of Stork Lady, additionally, such proprietary designs shall not be mixed, co-mingled, or used with any other design(s) manufactured or created by another party (for example, using Stork Lady’s toppers on signs made by someone else) or placing props / signs at the feet of the stork on display in a yard). Additionally, the only plaque, sign or bundle that can be used with the stork design is the Stork Lady’s bundle. Stork Lady makes no guarantee or warranty as to the availability of any design. Stork Lady may add or remove any of the proprietary designs at any time without notice to the licensee.
4. (a) The Licensee agrees to limit the use of the Proprietary Designs to the Licensee’s local sign rental business and not to sell, give away, transfer, or assign their rights to use the Designs to any other party. The Licensee shall select a retail business name that is not disparaging, geographically misdescriptive, pornographic, obscene, excessively profane, gambling-related, deceptive, fraudulent, or is illegal. The Licensee shall retain all rights to the business name.The Stork Lady retains all the rights to the Stork Lady designs.
(b) However, in the event Licensee moves from the assigned Territory, the Licensee shall contact Stork Lady in writing to obtain permission to use Stork Lady Proprietary Designs in the new location. If another Licensee of the Stork Lady is within 20 miles (driving distance) of the Licensee’s new address, the Licensee and Stork Lady will determine how to accommodate Proprietary Designs in the new location.
5. (a) The Licensee agrees to inform Stork Lady immediately in writing (email or US mail) if Licensee moves from the assigned address to a different address within the 20 miles Territory; Licensee also agrees to update a change in email address or phone number. It’s necessary for Stork Lady to know the current address and contact info for the Licensee for the protection of Stork Lady’s Proprietary Designs, including correct calculation of the sales-free area which is based on Licensee’s address, as well as continued protection of the copyright and/or trademark rights in and to the Proprietary Designs for the benefit of all Licensees.
(b) Failure to advise Stork Lady of an address change could lead to complete or partial loss of a license for the Territory. It could also cause lost, delayed, or returned supplies or signs orders. If the phone number Stork Lady has on file is disconnected, emails bounce back or are not responded to it will lead Stork Lady to conclude Licensee is no longer active.
6. Stork Lady makes no guarantees, warranties, or promises regarding success or profits to be made from the license of the Proprietary Design. The Licensees assume all the risks associated with the conducting of their business.
7. The Licensee has the right to sell their rental business at any time if Licensee meet the following conditions:
(a) Prior to the sale or exchange of, The Stork Lady must be given the name and contact info of any buyer. The Stork Lady will map his address against all affiliates nearby. No buyer may purchase the license to sell or display the Designs who live within 20 miles driving directions of another affiliate of the Licensee.
(b) If the buyer is further away than 20 miles (driving directions) from another affiliate, the buyer must be willing to pay a $500 transfer fee and sign a license agreement that includes, but is not limited to the following:
(1) The Buyer agrees to limit the use of Stork Lady’s Proprietary Designs to the buyer’s local sign rental business and covenant not to sell, give away, transfer, or assign their rights to use the Proprietary Designs to any other party. The buyer will acknowledge that Stork Lady retains all the intellectual property rights to the Proprietary Designs. In the event the buyer moves from the assigned area, the buyer must contact Stork Lady to obtain rights to use the Proprietary Designs in the new location. If another licensee of Stork Lady is within 20 miles (driving directions) of the buyer’s new address, the buyer agrees to refrain from using the Proprietary Designs in the new location.
(c) Failure to meet the above conditions will terminate this License.
8. Stork Lady reserves the right to terminate this License in the event of:
(a) the Licensee reproduces or changes, modifies, or adapts any of Stork Lady Proprietary Designs; or
(b) conducts him/herself and/or their business in a manner that is unprofessional and/or compromises the name, reputation, and goals of the Stork Lady; or
(c) misrepresents their address to the Stork Lady; or
(d) fails to pay the annual renewal fee; or
(e) Licensee does not actively pursue the business of renting the Proprietary Designs or becomes inactive.
9. If this License is terminated for any of the above causes or ceases to actively pursue the rental business, the Licensee shall have no rights to refund any monies previously paid to Stork Lady and will cease using the Proprietary Designs immediately. Licensee agrees that should Licensee become inactive, cease business, or sell their business; Licensee will delete all social media accounts and any website advertising the Proprietary Materials.
10. The Licensee must renew the business agreement in writing (via email message or correspondence sent to Stork Lady via the USPS) annually during the month of September and no later than the 30th day of September. Annual renewal of the business must be initiated by the Licensee. There shall be a two-hundred-dollar ($200.00) fee associated with the renewal. The Licensee acknowledges that failure to renew the agreement could lead to loss of the Territory, and Licensee acknowledges this risk and assumes full responsibility for initiating the annual renewal with the Stork Lady.
11. If any part of this Agreement is held unenforceable for any reason, the remaining portion of this Agreement shall remain in full force and effect and shall be carried out in a manner which is consistent with the intentions of the parties hereto.
12. Any provision of this License may be amended or modified and the observance of any provision of this License may be waived (either generally or any instance and either retroactively or prospectively) only by a writing signed by both parties hereto (and indicating the precise scope and nature of any such amendment, modification or waiver). The failure of either party to enforce its rights under this License at any time for any period shall not be construed as a waiver of such rights.
13. Nothing in this Agreement shall be deemed to create any joint venture, partnership, agency, or fiduciary relationship of any kind between the parties.
14. In the event of any dispute or legal action between the parties concerning the enforcement interpretation of this general contract, each party shall be responsible for their own attorney’s fees. For purposes of any legal action, the judicial jurisdiction shall be Bexar County, San Antonio, Texas.
EXHIBIT A
The following designs are Proprietary Designs of Stork Lady:
The Stork Lady stork & bundle design (all colorways)
The Stork Lady sailboat design (all colorways)
The Stork Lady carriage design (all colorways)
The Stork Lady moon design (all colorways)
The Stork Lady Flamingo design
The Black-Tie cupcake design (all colorways)
The Bubblegum Pink cupcake design (all colorways)
The Navy-Blue cupcake design (all colorways)
Summer Fun cupcake design (all colorways)
Pink Perfection cupcake design (all colorways)
Blue Ombre cupcake design (all colorways)
Rainbow Stripes cupcake design (all colorways)
Peppermint Patty cupcake design (all colorways)
Tickled Pink & Purple cupcake design (all colorways)
Preppy Paisley cupcake design (all colorways)
Sand & Sea cupcake design (all colorways)
All Toppers / Hats
