Poochies™ Diaper Pattern
Twelve Month Cottage Industry Sewing License



If you wish to purchase a cottage industry license from BabyByYou!™, we ask that you supply an additional web-based email address as a second, alternative, contact email address. One email service is available FREE through YAHOO! at http://www.yahoo.com
Please get a Yahoo!, or other, web-based email address before completing the contract if you do not already have one. This is required merely as a time-saving alternative contact means, should you move, change your internet provider or they discontinue service, therefore changing your email address. If you wish to purchase a cottage industry license from BabyByYou!™, you must print, fill out, and sign the below contract. Mail it (with your payment if paying by check or money order) to the following address, and be sure that your check or money order is made out to "BabyByYou!":

    BabyByYou!
    ATTN: LICENSING
    588 Edmands Rd
    Framingham, MA 01701
    USA

After we have received the signed contract, payment and "start date," within 90 days of the signed contract, your license will be mailed to you. The pattern must be purchased separately, as we encourage our contractors to familiarize themselves with the pattern before purchasing a license, so that they can be confident that they will be able to use our sewing licenses prior to purchasing.

Please print this page TWICE by pressing "PRINT" on your browser window and selecting two copies. Verify the billing and order information, initial and sign in the appropriate places on both contracts. One of the signed contracts will be returned to you, for record keeping purposes.


COTTAGE INDUSTRY TWELVE MONTH LICENSE AGREEMENT

Please Read and Initial

Revised 12/16/03

BabyByYou!, a division of SewShoppe LLC, is hereafter known as LICENSOR.



This agreement is set forth between LICENSOR, and

______________________________________________________ hereafter known as LICENSEE.

FULL NAME: ______________________________________________________________________

ADDRESS: ________________________________________________________________________

COUNTRY: ________________________________________________________________________

PHONE NUMBER: ___________________________________________________________________

ALTERNATIVE PHONE/CELL NUMBER: __________________________________________________

FAX NUMBER: _____________________________________________________________________

EMAIL ADDRESS: __________________________________________________________________

WEBSITE ADDRESS: ________________________________________________________________

ALTERNATIVE YAHOO EMAIL ADDRESS: ________________________________________________

START DATE (within 90 days): ____________________________________________________

Please PRINT your complete name, address, phone and fax numbers, email adress, website address (URL), and an alternative yahoo email address above, for the file that will be kept in our records.

Below, you must sign and date the contract, as well as initial each section marked by an underlined area ("_____").

_____ LICENSOR is the copyright owner of the Poochies™ Diaper Pattern and any future patterns in the Poochies™ and all other BabyByYou!™ pattern line(s). Whereas these works are owned by LICENSOR, she retains all rights to the development and sale of all designs constructed from these patterns and the sewing guides that are included therein.

LICENSOR grants a limited license to the LICENSEE to manufacture diapers and accessories from the Poochies™ pattern line with the following restrictions and requirements:

  • _____ LICENSEE must pay the following chosen fee and payment schedule to LICENSOR for a one year limited license. At that time this license is NULL AND VOID unless a renewal license is purchased. This fee will help go toward the development of new designs. After 12 consecutive annual renewals (13 years total), a lifetime license will be awarded.

    Initial your selection for payment fee and schedule.

    • _____ Annual License for a fee of $319.00 US DOLLARS in a one-time payment due at contract signing.

    • _____ LICENSEE agrees that all diapers and accessories made from the Poochies™ Diaper Pattern must be sewn in her own home without any type of commercial production. By commercial, we mean factory type large scale production sewing, or any outside help. This license entitles you and only you, with no outside help to manufacture licensed pattern products out of your own home. We are offering this license to offer income-making opportunities for mothers working at home. The LICENSOR reserves the rights to commercially produce her own designs and does not grant any type of commercial sewing license at this time.
    • _____ The LICENSEE may sew Poochies™ diapering items and accessories from retail patterns she has purchased directly from LICENSOR or other authorized pattern retailers.
    • _____ The LICENSEE is an independent contractor and is no way an employee of LICENSOR. LICENSOR is in no way liable for any outcome of a sewing project. Licensee must take responsibility to create their hand-sewn items to the best of his/her ability. We suggest you work to perfect your sewing skills and become very familiar with our patterns so that you can provide your customers with the very best products and service possible.
    • _____ This license is not meant to be construed as an outright sale. LICENSEE shall exercise all due diligence safeguarding the aforementioned design and interests of the LICENSOR. The following statement shall be reproduced and included with each garment or item sold: This product was sewn under a special cottage industry license granted by LICENSOR. The custom sewing of Diaper items and accessories for resale from The Poochies™ Diaper Pattern requires a license and written permission from the copyright owner. LICENSOR thanks you for your support of our licensed sewing contractors. While we know that our licensed sewing contractors do their very best to provide you with a quality product, LICENSOR does not assume responsibility or any form of liability for the quality of the item made from their design by the licensee.
    • _____ Workmanship approval status for use of the status images provided by LICENSOR is approval for cosmetic and aesthetic purposes ONLY, and is in no way an approval or evaluation of product quality and/or liability. This is done to protect our trademarks by ensuring the final appearance of any products sewn with our patterns is up to our standards. The seal levels are "Authorized", "Customer Approved", and "Gold Certified."
    • _____ LICENSEE will submit a single sample within the first month will be submitted to LICENSOR prior to selling any items for profit. Upon successful review for following the cosmetic pattern and standards guidelines, the LICENSEE will start their one year term.
    • _____ LICENSOR disclaims all liability for any losses or injuries due to the use or misuse of this Diaper pattern or the resulting Diaper items and accessories made from this pattern. Please use good judgment and always put the safety of your customer first.
    • _____ With the purchase of the License, LICENSOR will provide your name to customers who ask for the list of licensed sewing contractors. We will also include you in a list of licensed sewing contractors that will be included on our website. If at any time the LICENSEE does not wish to be on these lists or does not wish continue in her business, she should notify LICENSOR and tell LICENSOR to take his/her name off the list. Please understand that there are no refunds.
    • _____ The email group for our contractors is intended to support and help you in your sewing, business, and Work-At-Home-Mother ("WAHM") endeavors by conveniently providing you with updates on our patterns, as well as allowing you a forum to speak with other mothers sewing and working at home. All contractors receive a no-obligation invitation to the list. LICENSOR is not liable for any additional information not received by the licensee should the licensee elect not to join these groups.
    • _____ The sewing license is non-transferable and non-refundable.
    • _____ The LICENSEE agrees to provide her clients with fair and honest service.
    • _____ The LICENSEE agrees and understands that all the following trademarks are the exclusive property of LICENSOR:
      • _____ Poochies™
      • _____ DiaperDance™
      • _____ Diaper Dance™
      • _____ WorkMOMship™
      • _____ All-In-1 System™
      • _____ BabyByYou!™
    • _____ The LICENSEE agrees to properly display, use and protect the above trademarks to the best of his/her ability.
    • _____ The LICENSEE agrees not to register any of the above trademarks or any future trademarks of LICENSOR in the country they reside in, as they are the exclusive property of LICENSOR.
    • _____ The LICENSEE agrees to abide by their country and local laws and regulations pertaining to their own home sewing business as well as any and all laws and regulations that pertain to any sewing and manufacturing they perform in their home.
    • _____ LICENSOR reserves the right to change requirements of this license from time to time. The LICENSEE understands that to retain her license, she must agree to any and all requirements requested by LICENSOR. LICENSOR does also request that the licensee is honest and forthright and treats LICENSOR and all their existing and potential customers with honesty and integrity.
    • _____ All license fees paid by LICENSEE go towards the for-profit use of the copyrighted pattern and that pattern's respective trademark ONLY. Absolutely NO assistance of any kind is promised, guaranteed, or provided by LICENSOR.
    • _____ Collaborative efforts by our licensees such as cooperative efforts and/or agreements, as well as friendly support and internet-based communication are neither approved nor endorsed by LICENSOR, and are in no way included in your license fees or payments.
    • _____ LICENSOR makes no promise or guarantee of any kind regarding any specific income or monetary gain derived from the for-profit use of our licensed patterns.
    • _____ While LICENSOR does plan to continue licensing indefinitely, renewals are not guaranteed.
    • _____ If LICENSEE violates any of the above terms or engages in any unethical business practice, LICENSOR reserves the right to revoke this license at any time.
    • _____ LICENSOR reserves the right to refuse to sell a license to any person, for any reason.

      I agree to all the requirements as listed above.

      ____________________________________
      Signature (Licensee)


      _______________________
      Date


      ____________________________________
      Accepted by Licensor


      _______________________
      Date