TERMS OF SERVICE
THIS GENERAL AGREEMENT (the "Agreement")
Dated: [Timestamp of the email this document was attached]
1) - THE CLIENT (BRIDE)
2) - EYE DO MAKEUP & HAIR LLC
3) - ARTIST/S
(Individually and collectively the "Independent Contractor").
Eye Do Makeup & Hair LLC is a talent agency that represents professional freelance artists. The freelance artist involved in this agreement has a valid contract that allows Eye Do Makeup & Hair LLC to represent them and contract with the Customer on their behalf. Eye Do Makeup & Hair LLC works for the artist as their agent.
All parties in this agreement are individual, independent contractors representing the beauty industry’s top performers.
Customer initially contacted Eye Do Makeup & Hair LLC seeking the professional skill sets of Artist(s) in the fields of makeup & hair application(s), and other miscellaneous skill sets in the beauty industry for a specific event in relation to high definition photography and film. Eye Do Makeup & Hair LLC reserved the desired date and time of this specific event, upon a $50 deposit paid by the customer and/or a scheduled trial run consultation between the Customer and Artist(s). Artist(s) displayed their professional skill sets to determine style and application method through a trial run, per the requirements of the Customer in preparation for the specific event. There is a $1.81 PAYPAL processing fee for all deposits that is nonrefundable. $50 deposits are deducted from the wedding total. $50 deposits are refundable in the event the client needs to cancel wedding day reservations as long as a 90-cancellation notice is submitted in writing. All cancellations with less than a 90-day notice will be charged 20%.
Any trial run fee’s that the customer incurred from the trial consultation have already been paid, and were made payable directly to the Artist(s) the day of the initial consultation.
The Customer is of the opinion that the Independent Contractor has the necessary qualifications, experience and abilities to provide the skill sets desired to the Customer.
The Independent Contractor is agreeable to providing such skill sets to the Customer on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Customer and the Independent Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
The Customer hereby agrees to engage the Independent Contractor to provide the Customer with Professional Skill sets consisting of:
Provided By Independent Contractor:
Makeup / Hair application(s) on the day of the specific event – (Artist/s)
Event planning, customer service, coordination of event makeup & hair - (Eye Do Makeup & Hair LLC)
The Professional Skill sets will also include any other tasks that the Parties may agree on. The Independent Contractor hereby agrees to provide such Professional Skill sets to the Customer.
Provided By Customer (BRIDE):
Provide location address for the on location event, table space, chairs, lighting and an electric outlet. BRIDE also dictates when, where and how the artist performs the work. Bride pays the artist directly after applications are complete.
Term of Agreement:
The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the work, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended by mutual written agreement of the Parties.
In the event that either Party wishes to terminate this Agreement, that Party will be required to provide written notice to the other Party a minimum of 90 days’ prior to the scheduled event. Customer will be responsible for paying 20% of the wedding total in the event that they cancel without a 90 day notice.
The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Each Artist requires a 6 adult full application minimum for Saturday events. Bride Agrees to Pay the minimum in the event that original counts decrease.
All monetary amounts referred to in this Agreement are in USD (US Dollars). Most artists accept credit card payments. Gratuity Fees would apply. Checks are not accepted for on location events.
For the Skill sets rendered by the Independent Contractor as required by this Agreement, the Customer will provide compensation (the "Compensation") to the Independent Contractor. Payment is due to your artist on the day of the event.
The Compensation will be payable, while this Agreement is in force, according to the following payment terms:
The balance is due after completion and paid directly to the individual artists (Payments per Artist(s). Pre payment is not accepted.
Eye Do Makeup & Hair LLC will provide the Customer with a draft schedule 3-4 weeks prior to the event date that will include a breakdown of prices, times & counts. This information is gathered from the customer’s contact form that they submit prior to booking.
The Bride dictates the exact arrival time, depart time and location that they want the artist to travel to keeping in mind the incremental time slots that the artist will need to complete 1 application at a time. If the bride requests additional time per application, the artist has the right to increase the price.
Definition of Force Majeure
In this Clause, "Event of Force Majeure" means an event beyond the control of the Authority and the Operator, which prevents a Party from complying with any of its obligations under this Contract, including but not limited to:
1.1.1 act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
1.1.2 war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo;
1.1.3 rebellion, revolution, insurrection, or military or usurped power, or civil war;
1.1.4 contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
1.1.5 riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors; or
1.1.6 acts or threats of terrorism.
Consequences of Force Majeure Event
1.2.1 Neither the Authority nor the Operator shall be considered in breach of this Contract to the extent that performance of their respective obligations (excluding payment obligations) is prevented by an Event of Force Majeure that arises during the time (before or after) of the scheduled event. Artist are not held liable to travel to your event during a national/city or state of emergency.
Customer agrees to allow Eye Do Makeup & Hair LLC to use any pictures from the specific event for promotional & advertising purposes on website(s) and other promotion tools used if desired. Eye Do Makeup & Hair LLC agrees not to use any pictures from the specific event for promotional & advertising purposes on website(s) and other promotion tools used if Customer explicitly requests so in writing via e-mail.
Modification of Agreement:
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
The Independent Contractor will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Customer. In the event of an artist emergency, Eye Do Makeup & Hair, LLC will replace your artist with another artist who is capable of doing the job assignment.
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
This Agreement will inure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors and permitted assigns.
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Ohio, without regard to the jurisdiction in which any action or special proceeding may be instituted.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.