The importance of having a custom garment agreement or contract as a fashion designer

There's nothing that excites fashion designers, as much as starting and building their own fashion brand. I remember the exact feeling I felt the day I officially registered my first fashion business back in 2008, as a little 17 year old, alongside my best friend. It felt so surreal for the both of us. And even though that business didn't end up seeing the light of day, it was the one that catapulted what came after (registered my first business solo - Blackmarble Designs in 2013).

I knew absolutely nothing about running a business, but I was determined to make it big.

The first 4 years of running Blackmarble Designs were filled with a lot of trial and error. The biggest error being operating without a Custom Garment Agreement Form (contract) in place. I was literally winging every part of the business.

I had spent a few months talking about drafting a contract for my business, but never really got to doing it soon enough.

I got my biggest wakeup call in November of 2018, when I handed over bridal party outfits to a client, who had promised to make payment shortly after leaving. Let me tell you something... It's 2026 and I'm yet to receive the payment.

That situation forced me to sit down and draft the contract. As painful as it was (still is, every time I think about it), something positive came from it. I may have lost R8440 then (Yes! I still remember the figure like it happened just a week ago, haha), but I learnt a lesson that now helps me protect my business at all times.

Since having the Custom Agreement Form in place, I haven't experienced any issues with any client. This is because I have the contract to refer them back to every time there's a misunderstanding or demands that were never part of the agreement from day 1.

Here's why you need a custom agreement form before your next order.

I understand the excitement that kicks in when a new client reaches out to you for an order. You immediately just want to jump right into working, but here's the thing that most designers overlook. When you take an order from a client without having a contract in place, you're really taking on a big risk.

It's important to have your contract in place before you even accept any custom orders from your potential clients. This ensures that your time, money and intellectual property are protected throughout the process of making the garment.

In the beginning of the process, it may seem as though all parties are in agreement and on the same page, but that can take a turn at any point.

Without a contract, you may end up with clients who keep adding things that were not part of the verbal agreement, at no extra cost to them. Or end up with an unhappy client who just refuses to pay your balance. There's just too much risk, and in most cases the issues come when you least expect them. At that point it's already too late to even try to defend yourself or set any boundaries.

So don't wait until things go sideways before you realize you actually needed a custom garment agreement/contract. Set clear expectations from the very beginning, protect your business and impress your clients with your professionalism.

Ready To Protect My Business

I've put together The Legal Essentials Template above to help you get started. It's professional, easy to customize and built to give you peace of mind.

By: Tsholanang M