Elevate Bridal
15.05.20
Make Up Artist & Hair Stylist
TERMS AND CONDITIONS
“We” are:
Tori Harris Makeup Ltd, trading as Elevate Bridal (company number 9362747 whose registered office address is The Boutique & Co, 273 Wandsworth Bridge Road, London, SW6 2TX)
(“The ARTIST”)
“You” are:
The customer or customers that received the proposal (where more than one person, they shall be jointly and severally liable).
(“The Client”)
- Definitions
In this agreement:
“The Assignment” means the project of work, goods and services set out in the proposal.
“The Event” means the event where the Assignment is to be delivered by the ARTIST.
- Price and payment
2.1. Price for the Assignment is set out in the quotation (“the Price”) There is no VAT.
2.1.1 Prices charged are per person, and any additional services for additional family or friends added to the Assignment shall attract further fees.
2.1.2 The Price includes advice and guidance about skincare and makeup products, advice on application and use and the delivery of makeup and/or hair styling services, and all ancillary services to complete the Assignment.
2.1.3 The Price excludes any expenses that will be incurred by the ARTIST, unless otherwise agreed in writing by the parties. The Price also excludes any travel expenses to the Event which is charged at 45p per mile from the ARTIST’s base and return.
2.2. A deposit (“the Deposit”) of £50 shall be paid upon entering this agreement. A further deposit of £50 shall be paid after the trial. The Deposit (total £100) is to secure the date for the delivery of the Assignment and the preparation time required to deliver the Assignment. The ARTIST’s invoice for the Deposit will follow – please refer carefully to Clause 3.
2.3 The Price and the Deposit shall be the Fees of the ARTIST. The Client shall pay the ARTIST the balance of the Fees (the Price less the Deposit) at the latest 30 days before the Event and all Fees shall be paid in advance in full.
- Cancellation of agreement and the Deposit
3.1. Once the Deposit has been paid, the Assignment can be cancelled by either party in writing or by email subject to the matters set out in this clause.
- If the ARTIST cancels the Assignment, the Fees paid at the time of cancellation will be repaid to the Client within 14 days of cancellation and no further sum or compensation will payable to the Client by the ARTIST arising from such cancellation.
3.3 Client cancellation
3.3.1 If the Client cancels the Assignment within 14 days of entering into this agreement, then the Deposit shall be repaid to the Client in full.
3.3.2 If the Client seeks to cancel this Assignment 14 days after entering this agreement but more than 30 days before the Event then the Deposit shall be forfeited, any expenses incurred as at the date of cancellation must be paid by the Client, and those paid shall also be non-refundable. No further sums will be due from the Client to the ARTIST.
3.3.3 If the Client cancels this Assignment within 30 days or less of the Event, then the Fees in full plus any expenses incurred as at the date of cancellation (less any monies paid) shall be due to the ARTIST.
4. The Assignment.
4.1 The ARTIST reserves the right to use images of her work during the Assignment for marketing, promotional, competition and editorial purposes. If you do not wish to give consent to this use of the work or your image, then you must confirm this by email within 14 days of entering into this agreement.
4.2 Trial sessions
4.2.1 All trial sessions last about 2-3 hours and are held at The Boutique & Co, 273 Wandsworth Bridge Road, London, SW6 2TX
They can be arranged on Tuesdays, Wednesdays, Fridays and Saturdays between 9.30AM and 5PM and Thursdays between 12PM and 8PM
4.2.2 Trials should be attended by the Bride and ONLY one other person. No children under 18 years old are allowed to attend the trial unless agreed otherwise in writing.
4.2.3 Trials are recommended to be undertaken at least 3 months before the Event. They usually need to be booked in advance about 6 months before the Event.
4.2.4 Once a trial is booked it can only be rearranged with a minimum of 7 days’ notice. If less than 7 days’ notice is given by the Client to rearrange a trial appointment, then an administration fee of £50 shall be payable in addition to the Fees to cover the lost appointment.
4.3 Date changes to the Event must be submitted in writing and the new date is subject to availability. If the new date cannot be accommodated by the ARTIST, this will constitute a cancellation and clause 3 will apply
4.4 Final numbers receiving the services at the Event must be received in writing from the Client by the ARTIST at least 30 days before the Event. If numbers subsequently increase, the ARTIST reserves the right to increase their Price accordingly. If numbers subsequently decrease, there will be no discount and the Price shall be charged in full.
4.5 The ARTIST reserves the right to refuse services to the Client, or any connected person, if they show symptoms of any infectious condition, or use, or threaten, abusive or inappropriate behaviour.
4.6 The ARTIST reserves the right to use the additional services and assistance of other ARTIST’s or hairdressers, if it is necessary to deliver the Assignment.
5. Allergies
5.1 The ARTIST will not be held responsible for any allergies or reactions caused by our goods.
5.2 It is the Client’s responsibility to inform the ARTIST in writing of any sensitivities/allergies/intolerances at the time of booking or at the latest 14 days before the Event. The ARTIST cannot accept any liability for allergies or reactions where they have not been advised of such risks.
- General Conditions
- Verbal or email instructions by the Client to proceed will constitute an acceptance in full of these Terms and Conditions.
- The Fees will be paid after invoices rendered from time to time. No VAT is applicable. Payment terms are 7 days, and payment is not deemed to have been made until the Fees have been paid in full. If payment is not made in full and within time the services may be suspended and payment in advance may be required before the services are re – commenced.
- The ARTIST reserves the right to require some or all of the Fees to be paid in advance of the commencement of the services where applicable and agreed in writing. If payment is not made in accordance with the above clauses, the ARTIST reserves the right to charge an administration fee of £50 to late payments together with interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
- Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the services or making proper use of the services. Each party recognises and accepts its obligations with regard to the control and the processing of personal data under the current data protection legislation and regulations. For more information on this, please see our Privacy Notice on our website.
- The ARTIST will use reasonable care and skill in performing the services.
- The ARTIST’s liability in respect of any loss of good will, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be NIL.
- In respect of any other direct losses (in Contract or Tort) the total liability of the ARTIST will not exceed the return of all payments received, and thus the limit of liability shall not exceed the value of the services provided.
- Nothing in these Terms will exclude or limit liability for death or serious injury caused by the ARTIST’s negligence.
- The services may be terminated if payment of the Fees is not made in accordance with these terms, or if the Client commits a material breach of any of these terms and fails to remedy the breach within 14 days of being notified in writing, or if the Client enters into any form of insolvency arrangement. Upon termination the Client shall immediately pay any outstanding sums to the ARTIST.
- 6.10.The ARTIST shall not be liable for any breach of contract due to force majeure.
- 6.11.Nothing in these terms are intended to create a partnership or joint venture between The ARTIST and the Client, and no party has the right to act as agent for the other or to bind the other party in any way.
- 6.12.These terms and any dispute arising from them shall be governed by the laws of England and Wales.