DREAMSHYRE CUSTOM KEEPSAKE CREATION AGREEMENT
This Custom Keepsake Creation Agreement ("Agreement") is entered into between DreamShyre ("DreamShyre," "Company," "we," "our," or "us") and the customer submitting photographs, files, or materials for a custom keepsake creation ("Customer," "you," or "your").
By submitting materials to DreamShyre, signing this Agreement, or proceeding with a custom keepsake application, you acknowledge that you have read, understood, and agreed to the following terms:
1. PURPOSE OF SERVICE
DreamShyre creates handcrafted silicone keepsake artwork inspired by customer-submitted photographs and memories. Each creation is individually sculpted, molded, painted, and assembled as an artistic interpretation inspired by submitted reference materials.
The commissioned artwork specifically consists of a custom silicone sculpted, molded, and painted head and/or facial likeness inspired by submitted photographs. Unless otherwise stated in writing, the completed keepsake will be assembled onto a soft weighted cloth cuddle-style body with cloth limbs and soft filling materials.
DreamShyre creations are artistic works and are not represented or guaranteed to be exact replicas of any individual.
2. LEGAL AUTHORITY & PARENTAL CONSENT
By submitting any photographs or reference materials, you affirm and warrant that:
a. You are the legal parent or legal guardian of the child depicted; OR
b. You possess explicit authorization from the child's legal parent or guardian to submit such materials and commission artwork based upon them.
You further affirm that all information submitted to DreamShyre is truthful, accurate, and lawful.
3. OWNERSHIP OF SUBMITTED MATERIALS
You represent and warrant that:
a. You own the submitted photographs or possess all necessary legal rights and permissions to use and submit them;
b. The submitted materials do not infringe upon the intellectual property rights, copyrights, privacy rights,
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publicity rights, or likeness rights of any third party;
c. The submitted materials were not unlawfully obtained, copied, downloaded, scraped from social media, generated to imitate another person without authorization, or submitted fraudulently.
4. PROHIBITED SUBMISSIONS
DreamShyre strictly prohibits submissions involving:
a. Images of children submitted without authorization from a legal parent or guardian;
b. Celebrity, influencer, public figure, or unrelated third-party children without documented authorization;
c. Stolen, impersonated, manipulated, or fraudulently obtained images;
d. Nudity, sexually explicit content, exploitative material, or inappropriate content involving minors;
e. Fetish-related, exploitative, unlawful, or unethical requests;
f. Requests that violate child safety standards or applicable laws.
DreamShyre reserves the unrestricted right to refuse, reject, cancel, or discontinue any project at any time if concerns arise regarding legality, ethics, authenticity, consent, safety, or reputational harm.
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5. ARTISTIC INTERPRETATION & CREATIVE DISCRETION
Customer acknowledges and agrees that DreamShyre creations are handcrafted artistic interpretations inspired by submitted materials.
Customer understands and agrees that:
a. The final artwork is not guaranteed to be an exact replica or identical likeness;
b. Artistic variations may naturally occur due to sculpting methods, materials, handcrafted processes, and artistic interpretation;
c. DreamShyre retains full artistic discretion regarding sculpting, detailing, proportions, coloration, finishing techniques, and overall creative execution;
d. Customer is commissioning DreamShyre specifically for the Company's artistic style, expertise, and creative judgment;
e. Customer acknowledges and agrees that progress photographs, work-in-progress updates, sculpt previews, revision checkpoints, or approval stages will not be provided during the creative process unless otherwise agreed upon by DreamShyre in writing;
f. Customer agrees to trust DreamShyre's artistic judgment and creative freedom throughout the creation process.
6. EXCLUSIVITY & REPRODUCTION RIGHTS
DreamShyre may offer customers the option to choose between an Exclusive Creation or a Non-Exclusive Creation.
NON-EXCLUSIVE CREATION OPTION
If Customer selects the Non-Exclusive option, Customer grants DreamShyre an irrevocable, perpetual, worldwide right to reproduce, remold, reinterpret, adapt, manufacture, and create additional versions inspired by the sculpt developed from the submitted materials.
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Any discounts, promotional savings, or pricing incentives associated with the Non-Exclusive option apply solely
in exchange for granting DreamShyre reproduction rights.
EXCLUSIVE CREATION OPTION
If Customer selects the Exclusive option, DreamShyre agrees not to knowingly reproduce, remold, commercially
release, or mass-produce the specific sculpt created for Customer.
7. CHILD SAFETY & ETHICAL STANDARDS
DreamShyre is committed to maintaining a safe, ethical, family-friendly, and child-respectful environment.
DreamShyre will not knowingly participate in projects that appear exploitative, invasive, inappropriate, harmful,
unethical, or unlawful.
8. PRIVACY & IMAGE HANDLING
DreamShyre agrees to make commercially reasonable efforts to securely store submitted photographs,
customer information, and project files.
Submitted images and materials will not be publicly shared, posted, distributed, or used for marketing purposes
without separate written authorization from Customer.
DreamShyre reserves the right to retain project files internally for archival purposes, legal compliance, customer
service, quality assurance, and operational recordkeeping unless otherwise prohibited by law.
9. RIGHT TO REFUSE SERVICE
DreamShyre reserves the unrestricted right to refuse service, decline applications, cancel projects, or
discontinue work for any reason related to legality, ethics, safety, authenticity concerns, operational limitations,
inappropriate conduct, or reputational protection.
10. LIMITATION OF LIABILITY
To the fullest extent permitted by law, DreamShyre shall not be liable for indirect, incidental, emotional,
consequential, special, or punitive damages arising from the creation, interpretation, use, or receipt of custom
artwork.
11. INDEMNIFICATION
Customer agrees to indemnify, defend, and hold harmless DreamShyre, its owners, artists, employees,
affiliates, contractors, and representatives from and against any claims, liabilities, disputes, losses, damages,
costs, or legal actions arising from:
a. Unauthorized image submissions;
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b. False statements or representations;
c. Violations of third-party rights;
d. Breach of this Agreement;
e. Fraudulent or unlawful conduct by Customer.
12. GOVERNING LAW
This Agreement shall be governed by and interpreted under the laws of the State of Florida, without regard to conflict of law principles.
13. ACCEPTANCE OF TERMS
By signing below, submitting photographs, completing an application, or commissioning DreamShyre services, Customer acknowledges that they have read, understood, and voluntarily agreed to this Agreement in full.
14. PRODUCTION TIMELINES
Customer acknowledges and understands that each DreamShyre keepsake creation is individually handcrafted through a highly detailed artistic process involving sculpting, molding, silicone pouring, painting, assembly, curing, finishing, and quality inspection.
Due to the custom and labor-intensive nature of these creations, Customer understands and agrees that production may take up to ten (10) weeks or longer depending on workload, material availability, artistic complexity, operational delays, family emergencies, shipping delays, or unforeseen production circumstances.
DreamShyre agrees to make commercially reasonable efforts to complete projects in a timely manner; however, DreamShyre does not guarantee completion dates, delivery dates, or turnaround times.
Customer further acknowledges and agrees that: a. DreamShyre does not offer guaranteed rush services or expedited production for custom keepsake creations; b. Production timelines are estimates only and may change without notice; c. Delays shall not constitute breach of contract, negligence, or grounds for cancellation, refund, chargeback, or dispute.
15. NO REFUNDS, CANCELLATIONS, OR CHARGEBACKS
Customer acknowledges and agrees that all DreamShyre keepsake creations are fully customized, made-to-order artistic works created specifically for the individual Customer.
Due to the personalized and irreversible nature of the sculpting and production process: a. ALL SALES ARE FINAL; b. No refunds, cancellations, returns, exchanges, or order reversals shall be permitted for any reason once an order has been approved and production has begun; c. Customer may not cancel an order based on artistic interpretation, production timelines, subjective
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preference, emotional reaction, or creative variation;
d. Customer agrees not to initiate chargebacks, payment disputes, or unauthorized payment reversals for completed or in-progress custom artwork;
e. In the event of a payment dispute or chargeback, Customer agrees that DreamShyre may provide this signed Agreement, project records, communications, approvals, uploaded materials, timestamps, and production documentation as evidence of Customer authorization and agreement to these terms.
Customer acknowledges that they are commissioning a one-of-a-kind handcrafted artistic creation made specifically for them and that DreamShyre cannot reasonably resell, repurpose, or recover labor and material costs associated with customized work.
CUSTOMER FULL NAME:
EMAIL ADDRESS:
example@example.com
SIGNATURE:
DATE:
-
Month
-
Day
Year
Date
EXCLUSIVITY SELECTION:
EXCLUSIVITY SELECTION:
Exclusive Creation (+ Exclusive Pricing Applies)
Non-Exclusive Creation (Grants DreamShyre Permanent Reproduction Rights)
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