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Printing Terms and Conditions

Rise and Shine LLC · 2401 Lee St., Alexandria, LA 71301 · (800) 213-6408

Version 1.9 · Effective July 2026

These terms govern all printing work performed by Rise and Shine LLC ("Printer") for the client identified on the accompanying estimate or invoice ("Client"), and are incorporated into that estimate or invoice by reference.

1. Deposit, Payment, and Scheduling

1.1 A deposit of fifty percent (50%) of the order value is due before a press date is assigned. The deposit retains a block of press time on Printer's production calendar and is applied to the order.

1.2 The balance is due upon Client's approval of the PDF proof and before any production work begins. Printer does not output plates, order materials, or begin makeready until the balance is received.

1.3 Press dates are assigned when the deposit clears. Printer does not hold calendar time for unfunded orders.

1.4 Printer will provide an estimated ship or pickup window once the proof is approved and the balance is received. All dates given by Printer are estimates. Time is not of the essence unless Section 1.7 applies.

1.5 Client acknowledges that the work is produced by hand on vintage equipment, that impression, registration, ink, and foil behavior are adjusted by eye during makeready, and that a given step may require additional passes or additional time to reach an acceptable result. Mechanical adjustment, downtime, and repair are ordinary incidents of this process and do not constitute a breach or a defect.

1.6 Production is scheduled around receipt of complete artwork and timely proof approval. If artwork arrives late, or a proof is not approved by the date Printer requests, the press date will move and the estimated window will be revised. Printer will provide a revised estimate once a new press date is available.

1.7 If Client requires delivery by a firm date, that date must be stated on the order and accepted by Printer in writing. Printer may decline, or may accept subject to a rush charge. Where a firm date is accepted and Printer fails to meet it for reasons within Printer's control, Client's sole remedy is a refund of any rush charge and expedited shipping at Printer's expense.

1.8 Client is responsible for any bank, card, or processor fees arising from a returned, reversed, or failed payment, including returned check and failed ACH fees. Amounts remaining unpaid after their due date bear interest at one and one-half percent (1.5%) per month or the maximum rate permitted by law, whichever is less.

1.9 Filing a payment dispute or chargeback does not suspend, reduce, or discharge Client's obligations under these terms. Where Client initiates a dispute for work that has been produced or delivered in accordance with an approved proof, Client remains liable for the full order value together with Printer's costs of responding to the dispute and, if applicable, Section 10.3.

1.10 Prices are exclusive of sales, use, and similar taxes. Client is responsible for all applicable taxes unless Client furnishes a valid exemption or resale certificate before invoicing.

1.11 Title to and ownership of the finished work passes to Client upon receipt of payment in full. Until then, the work remains Printer's property, notwithstanding any partial payment.

2. Cancellation by Client

2.1 Client may cancel at any time by written notice. The amount Printer retains depends on how far production has progressed when notice is received. All amounts paid above that figure are refunded.

2.2 Before proof approval or plate output, the deposit is refunded in full less a setup fee of $250.

2.3 After proof approval or plate output, Printer retains twenty-five percent (25%) of the order value.

2.4 After paper is cut or the job is on press, Printer retains fifty percent (50%) of the order value.

2.5 Once production is complete, the order may not be cancelled and the full order value is retained. Client remains responsible for shipping charges on completed work.

2.6 These amounts represent Printer's reasonable estimate of unrecoverable materials, plate and setup labor, and displaced press time. They are not a penalty, and they are the full extent of Client's liability for cancellation.

2.7 A postponement of more than ninety (90) days, or Client's failure to furnish artwork, proof approval, or the balance due within thirty (30) days of Printer's written request, is treated as a cancellation under this Section.

3. Cancellation or Delay by Printer

3.1 If Printer cancels the order for any reason other than Client's breach, Printer will refund all amounts paid in full, including any setup fee.

3.2 Printer will use commercially reasonable efforts to notify Client of any material change to the estimated window and to provide a revised estimate. If Printer has not shipped or made the work available within thirty (30) days after the outside end of the most recent estimated window, and the delay is not attributable to Client under Section 1.6 or to a condition described in Section 3.3, Client may cancel and receive a refund of all amounts paid less the value of materials consumed and work completed. This is Client's sole remedy for delay, and Section 9.2 continues to apply.

3.3 Neither party is liable for delay or nonperformance caused by conditions beyond its reasonable control, including equipment failure, supply interruption or supplier insolvency, utility or internet outage, cyberattack or ransomware, labor disruption, severe weather, epidemic, or acts of civil authority. The affected party will give prompt written notice. If the condition persists more than thirty (30) days, either party may cancel and Printer will refund all amounts paid less the value of materials already consumed and work completed.

4. Proofs, Artwork, and Rights

4.1 Printer will provide a PDF proof for approval before production. Client's written approval constitutes acceptance of all content in that proof, including spelling, names, dates, layout, ink colors, and quantity.

4.2 Printer is not responsible for errors present in an approved proof.

4.3 A proof is valid for thirty (30) days from issuance. An approval received after that period may require revised pricing, a new press date, and reissued plates, and Printer will confirm any change in writing before proceeding.

4.4 Any change requested after proof approval constitutes a new revision and may require new plates, new materials, additional makeready and labor, and revised pricing and scheduling. Printer will confirm the revised amount in writing before proceeding.

4.5 Printer produces the work as specified and does not review artwork for factual accuracy, marketing effectiveness, legal or regulatory compliance, accessibility, or postal regulations, including size, thickness, aspect ratio, and addressing requirements affecting mailability or postage rates. Client is responsible for confirming that the specified piece meets any requirement applicable to its intended use.

4.6 Client represents and warrants that it owns, or holds a valid license sufficient to authorize commercial reproduction of, all artwork, illustrations, photographs, calligraphy, logos, trademarks, fonts, and text furnished to Printer. This includes confirming that any font license held by Client or its designer permits use in printed goods produced for sale, and that Client holds authority to reproduce any third-party mark or logo appearing in the work.

4.7 Where any furnished material was generated in whole or in part by an artificial intelligence tool, Client represents that the material may lawfully be reproduced and used commercially, that doing so does not infringe the rights of any third party, and that Client has reviewed the terms of any tool used to produce it.

4.8 Client grants Printer the limited right to reproduce furnished materials for the purpose of producing the order and, subject to Sections 4.14 through 4.18, of showing the finished work.

4.9 Printer has no obligation to investigate, verify, or inquire into the source or licensing of anything Client furnishes, and Client's approval of the proof under Section 4.1 is Client's confirmation that the rights in Sections 4.6 and 4.7 are held.

4.10 Client shall defend, indemnify, and hold Printer harmless from and against any claim, demand, notice, action, judgment, settlement, loss, or expense arising out of or relating to the reproduction of materials furnished by Client, including claims of copyright or trademark infringement, misappropriation, violation of a font or image license, or violation of a right of publicity or privacy. This obligation includes Printer's reasonable attorney fees, court costs, and expert costs, incurred both in defending the underlying claim and in enforcing this Section against Client. Printer may select its own counsel and control its own defense, and Client shall not settle any claim in a manner that imposes an obligation or admission on Printer without Printer's written consent.

4.11 If Printer becomes aware at any time that furnished materials may infringe or may be unlicensed, Printer may suspend or refuse production, in whole or in part, without liability. A refusal under this Section is treated as a cancellation by Client under Section 2, and the applicable tier applies.

4.12 The obligations in Sections 4.6, 4.7, and 4.10 survive completion, delivery, cancellation, and termination of the order.

4.13 Client's own furnished artwork remains Client's property. All production files, layouts, working files, plate files, photopolymer plates, dies, dielines, color formulations, and manufacturing methods created by Printer remain Printer's property and are not deliverables, whether or not their cost was reflected in the price. Printer may release them at its discretion on separate written terms.

4.14 Printer may photograph and display finished work in its portfolio and marketing. Client's warranties in Sections 4.6 and 4.7 extend to that use.

4.15 Printer may retain additional copies of the finished work as physical samples and may show, display, or send those samples to prospective clients, include them in sample kits, and exhibit them at trade and industry events. Retained samples are drawn from Printer's overrun and are not deducted from Client's ordered quantity.

4.16 Where the work announces or relates to a dated event, Printer will not distribute any physical sample outside its own premises until after that date has passed. Client shall provide the event date on the order.

4.17 Client authorizes Printer to distribute samples of the finished work as printed, including all names, dates, addresses, and other content appearing on the piece, and waives any objection to that use. Client confirms it has authority to give this authorization on behalf of any person named in the work.

4.18 Client may opt out of the uses described in Sections 4.14, 4.15, 4.16, and 4.17 by written request before production begins.

5. Client-Supplied Materials

5.1 Where Client furnishes paper, envelopes, or other stock for production, Client does so at its own cost and risk. Materials are shipped to Printer at Client's expense and remain Client's property.

5.2 Printer performs only a visual inspection of incoming supplied materials for quantity and obvious shipping damage. Printer makes no assessment of a supplied stock's suitability for letterpress, foil, deboss, or die cutting, and gives no assurance that a given stock will run.

5.3 Spoilage is unavoidable. Setup, makeready, and color matching consume sheets before a single good impression is pulled, and additional sheets are lost during the run. Client shall supply overage of at least twenty percent (20%) above the finished quantity, or a higher amount if Printer requests it in writing for a particular job.

5.4 Printer is not responsible for the cost of supplied materials, for replacing them, or for the value of any supplied materials damaged, spoiled, or consumed during production, whether through setup, press error, equipment behavior, operator error, or the characteristics of the stock itself. This applies regardless of the cause and is not limited to spoilage within the overage in Section 5.3.

5.5 If supplied materials run short before the finished quantity is reached, Printer will stop and notify Client. Client is responsible for furnishing additional stock, and the press date will be reassigned under Section 1.6. Printer may invoice for the additional setup required to resume.

5.6 Printer will pull a test impression on supplied stock where practical, will notify Client promptly if the stock is not performing, and will stop rather than continue running material that is failing. Printer may decline to run any supplied material.

5.7 Printer's charges for a job using supplied materials cover Printer's labor, plates, ink, and press time only. Nothing in Section 9 obligates Printer to reimburse the value of Client's stock.

5.8 Where Client furnishes stock, Printer's retained samples under Section 4.15 are drawn from the overage supplied under Section 5.3. If Client has opted out under Section 4.18, or if insufficient overage remains, Printer retains no sample.

6. Production Tolerances and Color

6.1 Letterpress and foil work is produced by hand on antique equipment. Reasonable variation in impression depth, ink density, registration, foil coverage, and trim is inherent to the process and is not a defect.

6.2 Printer does not warrant exact color matching to digital displays, home or office printers, digital proofs, Pantone or other reference swatches, samples produced on different stock, or any previous production run. Ink is mixed by hand and reads differently on different papers. Where exact match to a physical reference matters, Client should request a press proof on the production stock before the run, which is billable.

6.3 Paper and other natural materials respond to humidity, temperature, and storage conditions. Minor dimensional change, curl, cockle, or variation arising from these conditions is not a defect.

6.4 Printer may deliver a quantity up to five percent (5%) over or under the amount ordered. The invoice is adjusted to the quantity actually delivered. Delivery within this tolerance fully satisfies the order and does not entitle Client to a refund, reprint, or credit beyond that adjustment.

7. Delivery, Shipping, and Unclaimed Orders

7.1 Risk of loss passes when the work is tendered to the carrier. Printer is not responsible for carrier delay, transit damage, or loss after tender, though Printer will use commercially reasonable efforts to assist Client in pursuing a carrier claim.

7.2 Printer may rely on the shipping address supplied by Client and has no obligation to verify it.

7.3 Client is responsible for all additional charges arising from an incorrect or incomplete address, an address change requested after tender, a refused or undeliverable shipment, a reshipment, or a return. Printer may invoice these charges and may withhold reshipment until they are paid.

7.4 Printer will notify Client in writing when the work is complete and available for shipment or pickup.

7.5 Where an order remains unclaimed, or where Client has not furnished shipping instructions or paid outstanding charges, more than ninety (90) days after notice under Section 7.4, Printer may store, dispose of, or recycle the work without further liability. Printer will send a second written notice to Client's last known email and mailing address at least fourteen (14) days before doing so. Disposal does not entitle Client to any refund and does not discharge amounts owed.

7.6 Printer may charge reasonable storage for work held more than thirty (30) days after notice under Section 7.4.

8. Inspection, Claims, and Remedies

8.1 Client shall inspect the work promptly upon receipt. Failure to give written notice of a claimed defect or shortage within ten (10) business days of receipt constitutes acceptance of the work as delivered.

8.2 A shortage claim must state the quantity received and be supported by the original shipping cartons and packing materials, which Client shall retain until the claim is resolved.

8.3 For a timely claim, Printer will, at its election, reprint the defective portion or refund the amount paid for it. Printer may require return of the disputed work, at Printer's expense, before reprinting or refunding.

8.4 The remedies in this Section are Client's sole and exclusive remedies for any defect, shortage, or nonconformity, in contract, tort, or otherwise, and are in lieu of all other remedies.

9. Limitation of Liability

9.1 Each party's total liability arising out of or relating to an order is limited to the amount Client has paid Printer for that order.

9.2 Neither party is liable to the other for indirect, incidental, or consequential damages, including lost profits, event costs, rescheduling expenses, or missed mailing dates.

9.3 Nothing in this Section limits either party's liability for intentional or gross fault.

9.4 The limitations in Sections 9.1 and 9.2 do not apply to Client's obligations under Section 4.10.

10. Governing Law and Venue

10.1 This agreement is governed by the laws of the State of Louisiana.

10.2 Any action arising out of this agreement will be brought exclusively in the courts of Rapides Parish, Louisiana, and both parties consent to that venue and waive any objection to it.

10.3 The prevailing party in any such action is entitled to recover reasonable attorney fees and costs.

11. General

11.1 These terms, together with the accompanying estimate or invoice, are the entire agreement between the parties. Changes must be in writing and agreed to by both parties.

11.2 Client's payment of the deposit, approval of a proof, or acceptance of delivery constitutes agreement to these terms. Electronic acceptance, including approval by email or through Printer's website or ordering system, has the same effect as a signature.

11.3 Printer's failure to enforce any provision on any occasion is not a waiver of that provision or of any other provision, and no waiver is effective unless in writing.

11.4 Client may not assign an order without Printer's written consent. Printer may subcontract discrete production steps, including die cutting, foil work, letterpress, and bindery, and remains responsible for the finished work.

11.5 If any provision is held unenforceable, the rest remains in effect.

11.6 Notice under these terms is effective when sent to the email address on the order. Each party is responsible for keeping its contact information current.

11.7 Sections 1.8 through 1.11, 4.6, 4.7, 4.10, 4.12, 4.13, 8.4, 9, and 10 survive completion or termination of an order.

Acceptance

Client has read and agrees to these Printing Terms and Conditions. A signature is not required where acceptance occurs under Section 11.2.

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