TERMS AND CONDITIONS
Terms and Conditions
1.Definitions
The Client: The recipient of the service and name listed on the booking form.
Makeup Artist: Samantha Price
The Agreement: The contract that exists between the client and Samantha Price for the agreed fee.
The fee: The amount payable by the client to the makeup artist for the services listed on the accepted quote.
The event: Relates in principle to the date whereby the event or the wedding takes place.
The party: Additional members of the bridal party or any other persons needing makeup on the day.
2.Securing the booking of the event: Booking Fee -The booking of the event is only reserved once the client has paid 50% of the agreed fee to the makeup artist. Arranging a trial does not reserve the makeup artist’s services for the event. A non-refundable fee (that shall be applied toward the total fee for the Services and will be set out in the Payment Schedule) is due upon execution of this agreement, at which time Makeup Artist commits to being available to Client on that date (subject to non-payment, reasonable emergencies and force majeure events, see Section 6).
3.Payment: Payments can be made in cash, via bank transfer or Debit/Credit Card. Cheques will not be accepted. The non-refundable booking fee of 50% of the agreed fee paid by the client is taken off the total fee. The Trial is to be paid 1 week prior to the trial taking place. The remaining balance is to be paid in full by the client 1 MONTH before the wedding or event unless otherwise agreed with Makeup Artist. In the event that Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned retainer), to attend the Event or to supply makeup services.
4. Makeup Artist’s Responsibilities. Samantha Price Makeup Artist ("Makeup Artist") hereby agrees to perform makeup services for Client at the Event specified above in a professional, workmanlike manner according to the prevailing standards in the industry ("Services"). Makeup Artist may employ one or more assistants. Makeup Artist is not responsible for the impact on the final service of any interference caused by guests or other vendors at the Event.
If Makeup Artist is exposed to (i) unsafe conditions, or (ii)
objectionable or illegal acts at the Event, Makeup Artist reserves the right to
take reasonable action to remedy such a situation, including but not limited to
leaving the Event. In such event, Makeup Artist shall not be obligated to refund
any of the fees paid by Client because of such action.
5. Responsibility of the client: The client shall inform the makeup artist of any issues that may affect the use of any equipment or products. This includes but is not limited to sensitivities, allergies and medical conditions. The makeup artist cannot be held liable for any losses that are incurred due to the client’s failure to inform them of any known condition. The makeup artist reserves the right to refuse service to the client or members the party for, but not limited to, abusive and threatening behavior.
6. Cancellations/Changes to booking: Weddings must be cancelled in writing 4 months before the event. If booked later than 4 months before the wedding then 6 weeks’ notice is required, otherwise the client is liable to the full amount as was to be carried out in services by the artist.
A £100 cancellation fee will be charged if cancelled later than 4 weeks before the wedding including but not limited to the full amount contracted to the artist in services and any travel and call out charges. The makeup artist will be under no obligation to refund any money paid up until the point of cancellation, however, the client will not be liable for any further payments as long as appropriate notice is given. The client can cancel a trial at any point however a trial cancelled with less than 48 hours’ notice will be charged for at 50% of the agreed rate.
Cancellations by the makeup artist due to circumstances including, but not limited to, problems affecting the makeup artists performance of their obligations where no other suitable alternative can be arranged, a full refund of the booking fee will be given to the client. No further compensation will be offered. If the booking is directly affected by circumstance beyond the control of the makeup artist including but not limited to weather conditions, safety reasons, Covid-19 or other such pandemic related events where possible the makeup artist will endeavor to rectify such situations however no compensation will be offered on the makeup artist part. It is strongly advised you take out wedding insurance to cover you against these situations.
Any changes made to the agreed booking specifications outlined in this contract (e.g. decrease in number of makeups or additional services required on the day of the wedding) must be made in writing a minimum of 2 months before the event. If booked later than 2 months before the wedding then 2 weeks’ notice is required, otherwise the client is liable to the full amount as was to be carried out in services by the artist. If you require an increase the number of makeups or additional services then please do let me know as soon as possible as I cannot guarantee to have available time on the day if not given sufficient time beforehand to prepare for add-ons.
Date Changes – See terms of cancellation. For each date change an additional £100 will be charged. I also reserve the right to increase prices in correlation with my annual price increases for the new date agreed.
6. Gift Cards/ Vouchers: All Gift Certificates are dated and expire 12 months from the date of issue. Gift Certificates cannot be exchanged for cash. Gift Cards/ Certificates are non-refundable. Gift Cards/ Certificates are non-transferable.
7. Promotion. I/we hereby give permission for Makeup Artist to use my/our name/s and photographic likeness in all forms and media for advertising, trade, promotional and any other lawful
purposes such as promotion and marketing.
8. Travel Expenses: The client will cover any necessary travel expenses of the makeup artist as agreed at time of booking including parking costs if necessary. Appointments must be arranged at a time convenient for the makeup artist and are held in premises. Otherwise, a call out charge will be applied.
9. Solicitor’s Fees. The prevailing party in any litigation or dispute involving this Agreement, or the Services performed there under, shall be entitled to recover reasonable solicitors’ fees, costs, and expenses arising from such litigation or dispute from non-prevailing party.
10.Assignment. This Agreement may not be assigned.
11.Indemnification. Client hereby acknowledges that Makeup
Artist may be limited by the guidelines or rules of the venue, and to hold Makeup
Artist harmless for the impact such restrictions may have on the final services.
12.LIMITATION OF LIABILITY. MAKEUP ARTISTS’S ENTIRE
LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO
THIS AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR THE SERVICES. IN NO
EVENT SHALL MAKEUP ARTIST BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS MAKEUP ARTIST OF CIRCUMSTANCES THAT
WOULD GIVE RISE TO SUCH DAMAGES.
13. Waiver/Miscellaneous. This Agreement
represents the complete and entire agreement of the parties with respect to the
subject matter herein, notwithstanding any oral or written representations to
the contrary made before, during, or after its execution. Any amendments to
this Agreement shall only be effective if made in writing that is executed by
both parties hereto.