AURA Consulting & Manufacturing, LLC — Company Policy
1. Overview
By engaging AURA Consulting & Manufacturing, LLC (“AURA”), clients agree to be bound by the terms and conditions outlined in this Company Policy. These terms apply to all services provided by AURA, including but not limited to white label, private label, formulation, manufacturing, packaging, and distribution.
This Policy governs all current and future projects unless otherwise agreed to in writing. It forms a legally binding agreement between AURA and the client.
2. Manufacturing, White Label, Private Label & Formulation Services
AURA provides manufacturing, white label, private label, and formulation services. Clients retain full responsibility for their trademarks, copyrights, product names, branding, and any associated intellectual property.
Clients are solely responsible for obtaining and maintaining all necessary brand registrations, including compliance with the Modernization of Cosmetics Regulation Act (MoCRA) and all other applicable federal, state, and local regulations.
AURA does not verify, monitor, or assume any responsibility for the ownership, legality, or regulatory compliance of client intellectual property.
3. Client-Supplied Materials & Co-Packing
Clients who supply their own ingredients, packaging, labels, or formulas must ensure full compliance with all applicable laws and regulations, including but not limited to product legality, safety, and labeling requirements.
Clients agree to the following:
- All extracts, ingredients, or hemp-derived components must be accompanied by a valid third-party Certificate of Analysis (COA) from a licensed testing facility and a signed, dated product declaration.
- AURA may reject any client-supplied materials or labels that do not meet its quality, safety, or compliance standards.
- Clients assume full liability for the legality, compatibility, and regulatory compliance of all client-supplied materials.
- Any modifications to AURA’s standard label templates beyond branding (e.g., edits to product descriptions, ingredient lists, or disclaimers) may require a separate compliance review and additional fees.
- Any leftover client-supplied materials stored at AURA beyond 30 days after project completion are subject to monthly storage fees. Clients must arrange and pay for freight or shipping to retrieve materials. If no arrangement is made within 30 days, AURA reserves the right to dispose of or destroy such materials without further notice or liability.
4. Production, Lead Times & Scheduling
Production scheduling is dependent on receipt and verification of all required ingredients, packaging, labels, and materials, as well as current production capacity.
AURA does not guarantee production start dates or turnaround times unless confirmed in writing.
AURA shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, equipment failure, labor disputes, supply chain disruptions, pandemics, or government actions ("Force Majeure Events").
In such cases, AURA may, at its discretion, extend lead times, reschedule production, or cancel orders without liability. Clients acknowledge that AURA will not be liable for any losses or damages resulting from such delays.
5. Product Availability & Right to Cancel
AURA makes no guarantee regarding the continuous availability of specific products, materials, or components due to supplier limitations, market fluctuations, or other external factors.
AURA reserves the absolute right, at its sole and exclusive discretion, to cancel any order, project, or ongoing client relationship at any time and for any reason, including but not limited to:
- Product or material unavailability;
- Changes in production capacity, scheduling, or business priorities;
- Legal, regulatory, or safety concerns;
- Client’s failure to comply with AURA policies or applicable laws;
- Breach of contract or failure to meet payment terms;
- Misrepresentation or failure to provide required documentation; or
- Any other reason AURA deems appropriate, with or without providing explanation.
In the event of cancellation, AURA will assess the status of the project and may, at its sole discretion, issue a full or partial refund to the client. Any refund shall be less any costs already incurred by AURA, including but not limited to labor, raw materials, packaging, regulatory filings, subcontractor or third-party charges, freight, and administrative or compliance-related expenses.
AURA shall exercise its right to cancel in good faith and in accordance with applicable laws and regulations. Clients acknowledge and agree that any refund issued under this section constitutes a full and final resolution, and AURA shall bear no further liability in connection with the canceled project or client relationship.
6. Pricing Policy
All pricing is subject to change at any time due to fluctuations in:
- Raw material costs;
- Supplier pricing;
- Labor, fuel, or freight costs;
- Market or economic conditions.
AURA will make reasonable efforts to notify clients of significant pricing changes in advance.
7. Shipping, Freight & Storage
- Orders exceeding 100 lbs will incur separate freight charges, billed at time of shipment.
- No products will be shipped or released until full payment, including applicable freight, is received.
- Delays caused by clients (e.g., late label approvals or material delivery) may result in storage fees.
- AURA is not liable for any carrier-related delays or damage once products leave its facility.
8. Strategic Partnerships & Service Fulfillment
To optimize efficiency, scalability, and quality, AURA reserves the unrestricted right to outsource, subcontract, or fulfill any portion or the entirety of its services—including but not limited to: formulation, manufacturing, packaging, labeling, testing, regulatory support, warehousing, and shipping—through third-party vendors, contractors, or facilities at any time and without prior notice to the client.
Not withstanding the foregoing, AURA may disclose or share information as required to comply with the Modernization of Cosmetics Regulation Act (MoCRA) or any other applicable federal, state, or local laws or regulations.
Clients expressly acknowledge and agree that:
- AURA may engage external facilities, partners, and service providers at its sole discretion;
- AURA is not obligated to disclose the identity, location, or terms of its partner relationships unless legally mandated;
- The use of subcontractors does not modify the client’s responsibilities under this Policy;
Clients waive any claim or objection based solely on AURA’s decision to outsource or delegate service fulfillment.
9. Intellectual Property of AURA
All formulas, ingredient lists, standard operating procedures (SOPs), production processes, and supplier contacts developed or disclosed by AURA remain the sole intellectual property of AURA Consulting & Manufacturing, LLC unless explicitly transferred in writing.
Clients may not duplicate, reverse-engineer, disclose, or use any proprietary AURA materials or vendor relationships without prior written consent.
10. Compliance Disclaimer
AURA does not provide legal, regulatory, or compliance consulting. Clients are fully responsible for ensuring that all marketing claims, product formulations, packaging, and labeling comply with relevant laws and industry standards.
While AURA may offer general guidance or templates, clients should consult legal professionals for compliance matters.
11. Indemnification
Clients agree to indemnify, defend, and hold harmless AURA and its representatives from and against any and all claims, liabilities, damages, costs, and legal expenses (including attorneys’ fees) arising from or related to:
- Breach of this Policy by the client;
- Use of client-supplied formulas, ingredients, or materials;
- Intellectual property or trademark disputes;
- Product mislabeling or regulatory violations;
- Any third-party claims related to the products or services rendered.
12. Non-Circumvention
Clients agree that during their relationship with AURA and for a period of one (1) year after its termination—or three (3) years from the initial engagement, whichever is longer—they will not:
Directly or indirectly contact, solicit, contract with, or do business with any third party introduced by AURA (e.g., suppliers, manufacturers, or service providers), without AURA’s prior written consent.
Violation of this clause constitutes a material breach and may subject the client to legal remedies, including injunctive relief, damages, and recovery of legal costs.
13. Agreement to Terms
By placing an order or engaging AURA’s services, the client confirms that they have read, understood, and agreed to be bound by this Policy in full. This Policy applies to all current and future orders unless otherwise amended in writing.
14. Governing Law & Jurisdiction & Disputes
This Policy and any disputes arising from it shall be governed by the laws of the State of Texas. The parties agree to exclusive jurisdiction in the state or federal courts located in Montgomery County, Texas.
In the event of any dispute, claim, or controversy arising out of or relating to this Policy, the services provided, or the relationship between the parties, the parties agree to attempt resolution through good faith negotiation.
If the matter cannot be resolved informally, the parties agree to submit the dispute to non-binding mediation in Montgomery County, Texas. If mediation fails to resolve the issue, the dispute shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Montgomery County, Texas. The arbitrator’s decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction. Each party shall bear its own legal fees, and the parties shall share arbitration costs equally unless otherwise determined by the arbitrator.
15. Entire Agreement
This Policy constitutes the entire agreement between AURA and the client with respect to the subject matter herein and supersedes all prior agreements, understandings, or communications, whether oral or written.
16. Severability
If any provision of this Policy is held to be unenforceable or invalid under applicable law, that provision shall be deemed modified or severed to the extent necessary to render it enforceable, and the remaining provisions shall remain in full force and effect
17. Client Acknowledgment
By engaging services or placing orders with AURA, clients confirm they have read, understood, and had the opportunity to ask questions about this Policy and agree to be legally bound by its terms.
Void where prohibited by law.
Last Updated: August 13, 2025