Commercial & Residential Service Terms and Conditions
| 5900 Balcones Drive, STE 100Austin, TX 78731 | legal@thedraperyspa.comhello@thedraperyspa.com | 972-809-9816www.thedraperyspa.com |
| Effective Date: May 14, 2026 | Version: 2026.B2B.V4 | Governing Law: State of Texas |
| IMPORTANT LEGAL NOTICEThese Terms and Conditions contain binding arbitration, limitation of liability, indemnification, and class action waiver provisions that affect legal rights. By requesting information, approving a proposal, scheduling services, authorizing work, signing a Service Agreement, or allowing The Drapery Spa to perform services, the Client agrees to be bound by these Terms and Conditions in their entirety. |
1. ACCEPTANCE OF TERMS
These Terms and Conditions form a legally binding agreement between The Drapery Spa (“Company”) and the customer, ownership group, management company, hotel, commercial entity, residential client, or authorized representative requesting or receiving services (“Client”).
Where a separate Service Agreement exists, these Terms are incorporated by reference. If a conflict exists between these Terms and a signed Service Agreement, the Service Agreement controls for project-specific matters.
2. COMMERCIAL RELATIONSHIP STATUS
The Drapery Spa operates as an independent contractor. Nothing in these Terms creates:
- A partnership or joint venture
- An employment relationship
- An exclusivity arrangement
- A franchise relationship
The Company reserves the right to provide services to other clients, properties, and businesses.
3. AUTHORIZED REPRESENTATIVES
Client represents that individuals approving services, scheduling work, authorizing access, or communicating operational instructions have authority to bind the Client. Unauthorized instructions do not relieve the Client of obligations incurred under a confirmed Service Agreement.
The Company may reasonably rely upon instructions from:
- Property management and ownership representatives
- Engineering, operations, and facilities personnel
- Designers or project managers designated by Client
- Authorized on-site representatives identified in the Service Agreement
Approvals and authorizations from these individuals are binding upon the Client.
4. SCOPE OF SERVICES
The Drapery Spa provides professional textile preservation and environmental textile care services. Services may include:
- In-place drapery cleaning and preservation
- Textile maintenance and stewardship programs
- HEPA-filtered particulate extraction and environmental air scrubbing
- Steam refinement, reshaping, and panel alignment
- Hardware detailing and cleaning
- Blinds and shade cleaning
- Spot treatment and restoration services
- Recurring maintenance programs
The specific scope, pricing, schedule, and project details are defined in the applicable proposal, estimate, invoice, or Service Agreement. Services outside the approved scope require additional authorization and will be billed accordingly.
5. SITE ACCESS, SAFETY, AND OPERATIONAL CONDITIONS
Client agrees to provide safe and unobstructed access to all work areas. Where applicable, Client is responsible for coordinating:
- Loading dock and freight elevator access
- Parking permissions and on-site access credentials
- Engineering and facilities approvals
- Occupancy scheduling and guest room availability
- Restricted-area access and security clearance
- After-hours access windows where required
Operational cooperation materially affects service timelines and efficiency. The Company reserves the right to suspend or modify services where site conditions create operational or safety concerns. Repeated access failures, occupied rooms, or operational interference may result in mobilization charges.
6. HEIGHT RESTRICTIONS AND STRUCTURAL LIMITATIONS
The Drapery Spa services installations up to twenty (20) feet in height, subject to safe access and acceptable working conditions. Installations exceeding twenty (20) feet may require specialized equipment, extended timelines, supplemental personnel, or modified service scope.
Client is responsible for ensuring that mounting systems, tracks, brackets, motorized systems, drywall, anchors, and surrounding structures are stable and suitable for normal service operations. The Company is not responsible for concealed structural defects, pre-existing instability, aging hardware failure, or improperly installed systems.
7. SITE VISITS AND CONDITION DOCUMENTATION
Facility consultations, walkthroughs, and site visits are operational assessments intended to establish scope, logistics, scheduling requirements, textile conditions, and service recommendations.
The Company documents pre-existing textile and hardware conditions, discoloration, sun damage, deterioration, or prior damage before services begin. This documentation serves as the baseline condition record for the engagement.
8. CHANGE ORDERS AND ADDITIONAL WORK
Additional services outside the original scope, including inaccessible areas, after-hours requests, additional panels, contamination remediation, specialty handling, or expanded labor, require a change order before performance.
Change orders may be approved through:
- Signed written approval
- Email or text authorization from the Client’s designated representative
- Verbal authorization from authorized on-site personnel, confirmed by the Company in writing
Authorized approvals are binding upon the Client.
9. SCHEDULING, CANCELLATIONS, AND MOBILIZATION
Confirmed service dates reserve labor, scheduling capacity, equipment allocation, and operational resources in advance.
Client shall provide at least five (5) business days written notice for cancellations or postponements whenever reasonably possible. Late cancellations, denied access, occupancy conflicts, or repeated postponements may result in mobilization charges, minimum billing, or rescheduling fees as defined in the applicable Service Agreement.
If the Company must postpone service due to emergency, illness, or unforeseen operational circumstances, no penalty applies to the Client and services will be rescheduled at the earliest mutually available date.
10. FORCE MAJEURE
Neither party is liable for failure or delay in performance caused by acts of God, severe weather, natural disasters, government action, labor disputes, supply chain disruption, or other events beyond reasonable control. Affected parties will notify the other as promptly as practicable. Services will be rescheduled by mutual agreement.
11. PAYMENT TERMS
Invoices are due according to the payment terms listed on the invoice or Service Agreement. Approved commercial accounts may receive Net 15 or Net 30 terms, milestone billing, progress invoicing, or recurring billing arrangements.
Invoices not disputed in writing within five (5) business days of delivery shall be deemed accepted. Undisputed invoice amounts remain payable regardless of any separate dispute.
Late balances accrue interest at 1.5% per month (18% APR) from the due date until paid in full. Accounts with overdue balances may have active or scheduled services suspended. Unpaid balances referred to collections are subject to recovery of all reasonable collection costs and attorneys’ fees.
12. CHARGEBACKS AND PAYMENT DISPUTES
Client agrees to contact the Company at legal@thedraperyspa.com before initiating any credit card dispute or chargeback. If a chargeback is initiated, the Company reserves the right to contest the dispute with supporting documentation, recover the original service amount if the chargeback is reversed, and recover documented processing fees and reasonable administrative costs. Initiating a chargeback does not eliminate the Client’s underlying contractual payment obligation.
13. CLAIMS AND DEFICIENCY REPORTING
Client must report service-related concerns in writing to legal@thedraperyspa.com within five (5) business days following service completion. Reports must include a written description of the condition, photographic documentation, and the name of the reporting representative.
Failure to provide written notice within this period constitutes acceptance of services as satisfactory. The Company will evaluate claims in good faith based on documented pre-service conditions, site records, and professional assessment, and will respond within five (5) business days of receipt.
14. TEXTILE CONDITIONS AND EXPECTATION OF RESULTS
Professional textile care is designed to improve, preserve, and extend the useful life of textiles using commercially reasonable methods and industry best practices. Textile conditions vary based on fiber composition, age, prior cleaning history, environmental exposure, manufacturing quality, dye stability, sun exposure, humidity, contamination, and existing deterioration.
The Company does not guarantee:
- Complete stain removal
- Uniform color restoration
- Correction of sun damage or pre-existing discoloration
- Repair of fabric deterioration, dry rot, or structural fabric failure
- Restoration to original or new condition
Client acknowledges these limitations before services proceed.
15. LIMITATION OF LIABILITY
The Company’s total liability for any claim arising from services rendered is strictly limited to the amount paid for the specific services giving rise to the claim. Under no circumstances shall the Company be liable for:
- Lost room revenue, rental income, or occupancy loss
- Business interruption or operational downtime
- Guest compensation, relocation, or complaint resolution costs
- Event disruption or venue rebooking costs
- Consequential, indirect, incidental, special, or punitive damages
- Reputational or commercial losses of any kind
- Third-party claims unrelated to direct Company negligence
Claims for alleged damage must be submitted within the five (5) business day window with supporting documentation and photographic evidence.
16. INDEMNIFICATION
Client agrees to indemnify, defend, and hold harmless The Drapery Spa, its officers, employees, subcontractors, and agents from and against any claims, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or related to:
- Third-party property conditions, defective hardware, or structural instability not caused by Company negligence
- Client’s failure to disclose known hazards, unstable conditions, or access restrictions
- Instructions given by personnel not designated as authorized representatives
- Claims by guests, tenants, or occupants arising from Client’s property conditions
- Client’s breach of these Terms or any applicable Service Agreement
17. CONFIDENTIALITY AND PROPERTY PRIVACY
The Company recognizes the importance of operational discretion, guest privacy, and property confidentiality. The Company agrees not to publicly disclose sensitive operational information or use identifiable property imagery for marketing purposes without prior written consent.
Service documentation may be retained internally for quality assurance, training, insurance, and claims resolution purposes.
18. PHOTOGRAPHY AND MARKETING RIGHTS
Unless otherwise restricted in writing, the Company may use non-identifiable project imagery for internal portfolio, training, or marketing purposes, provided no confidential information, guest information, addresses, or identifying property details are disclosed.
Clients may opt out of marketing usage by written request submitted before services begin.
19. INSURANCE AND CERTIFICATES OF INSURANCE
The Company maintains commercial general liability insurance appropriate to its operations. Certificates of Insurance are available upon written request within five (5) business days. The existence of insurance coverage does not expand the Company’s contractual liability beyond the limitations stated in these Terms.
Client-specific additional insured requirements must be submitted in writing before service commencement and are subject to insurer approval.
20. SUBCONTRACTORS AND PERSONNEL
The Company may utilize qualified subcontractors, specialty technicians, or supplemental personnel where operationally appropriate. All personnel performing services on behalf of the Company are expected to comply with Company operational and confidentiality standards.
Subcontractors are independent contractors and not employees of the Company. No employment relationship is created between Client and any Company personnel or subcontractor by virtue of these Terms.
21. RECURRING SERVICE AGREEMENTS
Recurring textile maintenance programs may be offered for hospitality, multifamily, healthcare, senior living, and commercial environments. Frequency, scope, scheduling, and pricing are governed by a separate Recurring Service Agreement where applicable.
Either party may terminate a Recurring Service Agreement with thirty (30) days written notice unless the applicable agreement specifies a different notice period or minimum term.
22. ABUSIVE OR UNSAFE CONDITIONS
The Company reserves the right to suspend or discontinue services if any representative, occupant, guest, tenant, or third party creates unsafe, threatening, hostile, or abusive working conditions. Client remains responsible for all work completed up to the point of suspension.
23. RIGHT TO DECLINE OR DISCONTINUE SERVICES
The Company reserves the right to decline, modify, postpone, or discontinue services where site conditions, safety concerns, material vulnerability, structural instability, undisclosed hazards, or other risk factors make service inadvisable. The Company will communicate the basis for any such determination in writing.
24. DISPUTE RESOLUTION AND ARBITRATION
Any dispute arising from these Terms or related services shall be resolved through binding arbitration pursuant to the Federal Arbitration Act, administered by a mutually agreed arbitration provider. Arbitration shall occur in Dallas County, Texas, unless otherwise agreed in writing.
The parties waive the right to jury trial and participation in any class or collective action. The prevailing party in any arbitration or legal proceeding shall be entitled to recover reasonable attorneys’ fees and costs.
25. GENERAL PROVISIONS
Entire Agreement. These Terms, together with any proposal, invoice, or Service Agreement, constitute the complete agreement between the parties. No verbal agreements or prior negotiations modify these Terms. Any modification must be in writing and signed by an authorized representative of the Company.
Severability. If any provision is determined unenforceable, the remaining provisions remain in full force and effect.
Governing Law. These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions.
Updates to Terms. The Company reserves the right to update these Terms at any time. Updated Terms apply to services booked or agreements executed after the update date. Services governed by a fully executed Service Agreement at the time of update are governed by the Terms in effect at execution.
Privacy. Collection and use of personal and business information are governed by The Drapery Spa Privacy Policy available at www.thedraperyspa.com.
CLIENT ACKNOWLEDGMENT
| Authorized Representative (Print Name) | Title / Role | |
| Signature | Date | |
| Company / Entity Name |
These Terms and Conditions supersede all prior versions and apply to both residential and commercial service relationships. This document does not constitute legal advice. Clients are encouraged to seek independent counsel prior to execution.