These terms govern consultations, design projects, manufacturing coordination, and packaging work provided by JDJ Design ("we", "us") to a client ("you"). Booking a consultation, paying a deposit, or engaging us for work means you accept them.
A signed proposal or statement of work for a specific project controls where it conflicts with anything here.
Before publishing: all commercial terms are now written in — deposit, balance, payment method, revisions, ownership, NDAs, and rescheduling. Two things are still worth raising with a Washington business attorney: whether you want binding arbitration in place of the Spokane County court venue in section 16 (often more practical for overseas clients), and whether you need GDPR language in the privacy policy if you take EU or UK clients. Have counsel review the whole document before you sign anything against it.
1. What we do
We provide vaporizer hardware design, design consulting, OEM branding of catalog hardware, packaging design, and coordination with third-party manufacturers. We are a design and consulting business. We do not sell, distribute, or manufacture finished products, and we do not sell cannabis, nicotine, or any consumable substance.
2. Consultations
A consultation is a one-hour video call for a fee of $2,500, payable in advance. The booking is confirmed when payment clears. Consultation fees may be paid by card, Apple Pay, ACH transfer, or bank wire.
Rescheduling: one reschedule is permitted at no charge with at least 48 hours' notice before the scheduled call.
Cancellation and refunds: cancel with more than 48 hours' notice and the fee is refunded in full. Inside 48 hours, or once the call has taken place, the fee is not refundable.
If you go on to commission a design project, the $2,500 consultation fee is credited in full against that engagement — applied either to the $5,000 project deposit or to the final balance due, at your election. The credit applies once, to your first design project. If you decide not to proceed, the $2,500 stands as the fee for the consultation itself and is not refunded.
A mutual non-disclosure agreement is available on request before a consultation. Tell us when you book and we will send one to sign.
A consultation is professional opinion based on the information you provide during the call. It is not a guarantee that a concept is manufacturable, profitable, compliant, or protectable, and it is not legal, regulatory, tax, or investment advice.
3. Design projects
Deposit
Design work begins with a $5,000 deposit. The deposit locks the project in: it secures a confirmed start date, a written project schedule, and capacity in our calendar, and it authorizes us to begin work.
The deposit is credited in full against the total project fee and is non-refundable. It is due immediately in order to begin.
Once the deposit is paid, you may reschedule your project start date once, to any date up to six months out, at no charge and without losing the deposit.
Balance and delivery of files
The remaining balance is due immediately on completion of the design. Completed design files are transferred to you once that balance has cleared — normally by a secure large-file transfer service. We do not release design files before final payment.
Payment is made by ACH transfer, bank wire, or cash to JDJ Design.
Fees and scope
Total design fees range from $10,000 to $50,000 depending on scope. The specific fee, deliverables and schedule for your project are set out in a written proposal before work starts. Work outside that scope is quoted separately and does not proceed without your written approval.
Turnaround
We deliver completed designs within 30 days of the later of: the deposit clearing, the scope being agreed in writing, and our receipt of everything we need from you. Delays caused by late feedback, late brand assets, or changes to the brief extend the schedule by at least the length of the delay.
Revisions
Every design project includes three rounds of revision within the agreed scope. Beyond those three rounds, and for any change that falls outside the agreed scope or reverses a direction you have already approved, additional work is quoted and billed separately. We will tell you before that happens, not after.
4. OEM branding (catalog hardware)
Where you select a device from our catalog of brandable, OEM-ready hardware and apply your own branding to it, the design fee is a flat $700. That fee covers artwork application, colorway selection and preparation of your files to the factory's print specification.
In addition to the design fee you pay the cost of the devices at the factory's minimum order quantity, which varies by product and is quoted before you commit. The hardware itself is manufactured and sold by the factory; we specify, place, and manage the order.
Timeline
An OEM order runs roughly 40 days from approved artwork to delivery: about 15–30 days production and 10–15 days air freight to any state in the Lower 48. These are good-faith estimates based on experience, not guarantees.
Shipping and delivery
Once the factory releases the shipment, delivery is outside our control. Freight forwarders, airlines, customs and domestic carriers are third parties we do not direct. Extended transit times, customs inspection, holds, and delays can and do occur, and we are not liable for them or for any loss that follows from them.
What we do: once the factory issues tracking, we monitor the shipment through to delivery and keep you informed of what we can see. That is oversight, not control.
Title, risk of loss and responsibility for import duties and taxes pass according to the terms of your order with the factory.
5. Packaging
Packaging design is quoted per project. Turnaround is 30 business days, and the clock starts only once we have received all three of: your color palette specified with Pantone (PMS) numbers, your logo files in usable vector formats, and a written design direction. We are not responsible for delays caused by incomplete or unusable brand assets.
You are responsible for confirming that final artwork carries every warning, marking, and disclosure your markets require, and for approving print-ready files before they go to production.
6. Manufacturing coordination
Where we introduce or coordinate with a manufacturing partner, that factory contracts with you directly or under a separate agreement. We are not the manufacturer. We do not guarantee any factory's pricing, capacity, lead times, quality, or conduct, and we are not liable for a factory's acts or omissions.
Production timelines of six to twelve months or longer are good-faith estimates based on experience. Tooling, testing, certification, component availability, shipping, and customs are outside our control.
7. Your responsibilities
- Provide accurate information, usable brand assets, and timely decisions.
- Designate one person authorized to approve directions on your behalf.
- Warrant that any logo, artwork, or design you supply is yours to use and does not infringe anyone else's rights.
- Hold and maintain every license, registration, and permit your business requires.
- Pay invoices when due.
8. Regulatory compliance
This is the section most worth reading twice. You are solely responsible for the legal and regulatory compliance of any product you make, market, or sell. That includes, without limitation, U.S. Food and Drug Administration requirements applicable to tobacco and nicotine products, state cannabis licensing and testing rules, child-resistant packaging standards, product safety and battery standards, labeling and warning requirements, import and customs obligations, and the laws of every jurisdiction you sell into.
We design to the requirements you identify to us. We do not provide regulatory or legal advice, we do not file applications on your behalf, and nothing we deliver should be treated as a determination that a product is lawful to sell anywhere. Retain qualified regulatory counsel.
9. Intellectual property
You own the design. On payment of all fees in full and transfer of the completed design files, all right, title and interest in the design deliverables created for your project pass to you — the device design, drawings, CAD, renders, and specifications. You may make, use, modify, manufacture and sell the resulting product without further payment or permission. We retain no equity, royalty, or ownership stake in your project or device unless we have agreed otherwise in writing before the engagement begins.
Components are not ours to transfer. A finished device is assembled from parts, materials and component technologies sourced from third parties and added as the product is developed — heating elements, cells, electronics, and hardware. We do not own those and cannot assign them. What you own is the design: how the parts are selected, specified, engineered, and combined into your product. Rights in the components themselves come from their manufacturers and suppliers on their own terms, and we will tell you where anything in your build carries a licensing or sourcing restriction.
Ownership of your design does not transfer our general skill, experience, or know-how, which we remain free to apply for other clients. This does not limit anything you can build, sell, or modify.
Until all fees are paid in full, all deliverables remain our property and you have no license to use, disclose, or send them to a manufacturer.
You retain ownership of your trademarks, logos, and brand assets throughout.
Portfolio rights
We may identify you as a client and show non-confidential images of completed work in our portfolio and marketing after the product has been publicly released, unless you tell us in writing not to.
10. Confidentiality
Each party will keep the other's non-public business and technical information confidential and use it only for the engagement. This does not cover information that is already public, independently developed, lawfully received from someone else, or required to be disclosed by law.
We sign mutual non-disclosure agreements. One is available on request before a consultation, and is signed as standard before any design project begins.
11. Payment
Consultation fees may be paid by card, Apple Pay, ACH transfer, or bank wire. Project deposits and balances are paid by ACH transfer, bank wire, or cash to JDJ Design.
We do not offer net terms. Consultation fees are due in advance. The $5,000 deposit is due immediately in order to begin a project. The balance is due immediately on completion of the design, and completed files are released once it clears. Late amounts accrue interest at 1.5% per month, or the maximum permitted by Washington law if that is less.
We may suspend work on an account with an overdue balance. You are responsible for any sales, use, or other taxes applicable to the services.
12. No guarantee of outcome
We bring experience and judgment to the work. We do not guarantee that a design will pass testing or certification, achieve a particular unit cost, be approved by any regulator, be free of third-party rights, or succeed commercially. Estimates of cost and schedule are estimates.
13. Limitation of liability
To the fullest extent permitted by law, our total liability arising out of or relating to the services will not exceed the total fees you actually paid us for the engagement giving rise to the claim. Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, recalls, or business interruption, even if advised of the possibility.
Nothing in these terms limits liability that cannot lawfully be limited.
14. Indemnification
You will indemnify and hold us harmless from claims, damages and reasonable legal costs arising out of your products, your use of deliverables, your regulatory compliance or non-compliance, or your breach of these terms — including any claim that brand assets you supplied infringe a third party's rights.
15. Termination
Either party may terminate an engagement on written notice. On termination you pay for all work performed and expenses incurred through the termination date. Deposits are handled as set out in section 3. Sections 8 through 14 survive termination.
16. Governing law and disputes
These terms are governed by the laws of the State of Washington, without regard to conflict-of-laws rules. The parties will attempt to resolve any dispute in good faith before filing suit. Any action will be brought exclusively in the state or federal courts located in Spokane County, Washington, and both parties consent to that jurisdiction.
17. General
These terms, together with any signed proposal, are the entire agreement between us. If a provision is found unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver of it. You may not assign an engagement without our written consent. Neither party is liable for delays caused by events beyond its reasonable control.
We may update these terms; the version posted when you engage us governs that engagement.
Contact
JDJ Design, a Washington limited liability company
2014 W 6th Ct, Spokane, WA 99201
john@jdjdesignco.com