This Service Agreement (the "Agreement") is entered into between UghtonsPokeLab (the "Service Provider") and CUSTOMER (the "Customer"), effective as of the date the Customer accepts these terms as described in Section 18.
1. Services and Scope
The Service Provider agrees to perform the repair and restoration services described in the attached conservation submission form (the "Services") on the trading card(s) identified therein (the "Card(s)").
Right to refuse: The Service Provider may decline or discontinue any job at its sole discretion and return the Card(s) to the Customer, at Customers expense.
Declared value: The Customer declares the value of the submitted Card(s) as $ In current condition for the purposes of this Agreement.
2. Acknowledgment of Risk
The Customer acknowledges and understands that card repair and restoration involve specialized techniques and processes that carry inherent risks, including but not limited to:
Minor alterations in texture, gloss, or coloration
Changes in surface integrity, including additional whitening or increased visibility of existing defects.
Unforeseen reactions to materials, treatments, heat, pressure, hydration, cleaning processes, or environmental factors
The possibility that certain defects cannot be fully repaired and may remain visible
The possibility that the Card(s) may be left in a condition equal to or worse than their condition on arrival
The Customer understands and agrees that while the Service Provider will exercise reasonable care and professional judgment, no specific outcome is guaranteed, and some changes may be permanent or irreversible.
3. Assumption of Risk and Limitation of Liability
The Customer knowingly and voluntarily assumes all risks associated with the repair and restoration process.
To the fullest extent permitted by applicable law, the Service Provider shall not be liable for any actual or perceived loss in value, condition change, or damage arising during or after the restoration process, including but not limited to:
Fading, color shifts, whitening, gloss variation, or surface changes
Creases, dents, impressions, or imperfections that may not be fully removable or that may become more apparent
Any impact on the Card's eligibility for grading, authentication, encapsulation, or resale
Liability cap: To the fullest extent permitted by applicable law, the Service Provider's total aggregate liability arising out of or relating to this Agreement shall not exceed the total fees paid by the customer for the services. Nothing in this Agreement limits liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, or fraud.
4. No Guarantee of Grading or Value
The Service Provider makes no representations or warranties regarding:
The outcome of grading or authentication by third-party companies, including but not limited to PSA, Beckett (BGS), CGC, SGC, or similar entities
Whether a Card will or will not be flagged as altered, restored, or otherwise ineligible for numeric grading
The market value, resale value, or collectability of any card following restoration
All grading determinations and valuations are made solely by independent third parties and are entirely outside the Service Provider's control.
5. Shipping and Handling
The Service Provider is not responsible for loss, theft, or damage occurring during inbound or outbound shipping. The Customer is strongly encouraged to use tracked and insured shipping methods.Unless otherwise agreed in writing, shipping risk remains solely with the Customer. Outbound shipping will be shipped tracked and insured at Customers expense.
6. Custody of Property
The Service Provider will exercise reasonable care in safeguarding the Customer's Card(s) while they are in the Service Provider's possession. However, the Customer acknowledges and agrees that the Service Provider is not an insurer of the Card(s). Except to the extent caused by the Service Provider's gross negligence, willful misconduct, or fraud, the Service Provider shall not be liable for any loss, theft, burglary, fire, vandalism, natural disaster, carrier delay, or other event beyond the Service Provider's reasonable control while the Card(s) are in the Service Provider's care, custody, or control. The Customer acknowledges that collectible trading cards may possess substantial monetary or sentimental value, and assumes the risk of loss arising from such events beyond the Service Provider's reasonable control. The Customer is encouraged to maintain or obtain appropriate insurance coverage for valuable Card(s).
7. Pre-Existing Conditions and Hidden Defects
The Customer acknowledges that collectible trading cards may contain pre-existing damage, hidden defects, prior restoration, manufacturing irregularities, contamination, or other conditions that are not visible or reasonably discoverable before restoration begins. The Customer understands and agrees that such conditions may affect the restoration process or become apparent only after treatment has commenced. The Service Provider shall not be responsible for adverse outcomes resulting from pre-existing or concealed conditions that could not reasonably have been identified prior to performing the authorized Services.
8. Authorization for Restoration Methods
The Customer authorizes the Service Provider to perform the Services using the Service Provider's professional judgment, experience, and customary restoration techniques, including the selection of materials, tools, processes, heat, pressure, hydration, cleaning, or other restoration methods the Service Provider reasonably determines are appropriate. The Customer acknowledges that individual cards may respond differently to restoration techniques, and that the Service Provider may modify or discontinue a treatment if, in the Service Provider's professional judgment, doing so is appropriate to help preserve the condition of the Card. If the Service Provider determines that a material change in the scope of the Services is necessary, or wishes to perform services substantially different from those originally authorized, the Service Provider will obtain the Customer's written approval before proceeding — unless immediate action is reasonably necessary to prevent further damage to the Card.
9. Payment, Lien, and Unclaimed Property
Payment: Payment for all Services is due in full within FOURTEEN (14) calendar days of the Customer being notified that the Services are complete.
Possession pending payment: The Service Provider shall retain possession of the Card(s) until payment is received in full. The Customer acknowledges the Service Provider's right to do so, and the Service Provider may exercise any rights and remedies available under applicable law if payment is not timely received.
Unclaimed property: If the Customer fails to pay or to arrange retrieval of the Card(s) within NINETY (90) days of the completion notice, the Service Provider may treat the Card(s) as abandoned to the extent permitted by applicable law, after providing WRITTEN NOTICE TO THE CUSTOMER'S LAST KNOWN ADDRESS AND EMAIL.
10. Cancellation and Refunds
The Customer may cancel the Services at any time before work begins by written notice, and the Card(s) will be returned at CUSTOMERS expense.
Once work has commenced, NO REFUNDS WILL BE ISSUED / FEES WILL BE PRORATED. The Service Provider may cancel and return the Card(s) at any time, refunding any unearned fees.
11. Release of Claims
By submitting Card(s) for repair or restoration, the Customer releases and discharges the Service Provider from claims arising out of or related to the inherent risks of authorized restoration services, except to the extent caused by the Service Provider's gross negligence, willful misconduct, or fraud.
12. Customer Ownership, Authority, and Disclosure Obligations
Ownership. The Customer represents and warrants that they are the lawful owner of the Card(s) submitted, or that they have full legal authority from the owner to authorize the requested Services. The Service Provider shall not be responsible for disputes regarding ownership or authorization of submitted Card(s).
Disclosure. The Customer acknowledges that the Card(s) will have been restored, and agrees that any subsequent sale, trade, consignment, or submission for grading of the Card(s) is the Customer's sole responsibility to disclose accurately in accordance with applicable law and the policies of any third-party grading or authentication service.
The Service Provider does not authorize, and expressly disclaims any participation in, the misrepresentation of restored Card(s) as unrestored. The Customer agrees to indemnify and hold harmless the Service Provider from any claim arising out of the Customer's failure to disclose restoration.
13. Good-Faith Customer Care
While this Agreement limits liability, the Service Provider values transparency and customer satisfaction. Any concerns should be communicated promptly, and the Service Provider may, at its sole discretion, elect to address issues as a customer service courtesy. Nothing in this Agreement shall be interpreted as an obligation to provide refunds, replacements, or compensation.
14. Electronic Acceptance and Communications
The Customer acknowledges and agrees that this Agreement may be delivered, accepted, and executed electronically.
Agreement to these terms may be confirmed by email response or other written electronic communication indicating acceptance.
Such electronic acceptance shall be deemed legally binding and equivalent to a handwritten signature.
No physical signature is required for this Agreement to be valid and enforceable.
15. Governing Law, Venue, and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict-of-law principles.
Any dispute arising out of or relating to this Agreement or the Services shall be brought exclusively in the state or federal courts located within Colorado, and the Customer consents to such jurisdiction and venue.
16. Severability
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
17. Entire Agreement
This Agreement constitutes the entire understanding between the Customer and the Service Provider with respect to the Services. It supersedes all prior or contemporaneous discussions, representations, understandings, negotiations, and agreements, whether oral or written, relating to the subject matter of this Agreement.
No amendment, modification, or waiver of any provision shall be effective unless made in writing and agreed to by both parties.
18. Acceptance of Agreement
By replying to the accompanying email, checking the acceptance box on the Service Provider's intake form, or otherwise submitting Card(s) for repair or restoration services, the Customer affirms that they have read, understood, and voluntarily agreed to the terms of this Agreement in full.