Client Service Agreement
THIS CLIENT SERVICE AGREEMENT, by and between DANI DOES BEAUTY LLC (“DDB”) and Bride [Name in the e-mail] (“Client”) is entered into this date: [Timestamp of the email]. Client and DDB may be individually referred to as “Party” and collectively as “Parties”.
RECITALS
WHEREAS, Client would like to engage DDB and Artist to provide services for Client’s event (“Event”);
WHEREAS, DDB is in the business of providing event planning, coordination and customer services;
WHEREAS, Artist is in the business of providing makeup and/or hair services in relation to special events;
WHEREAS, DDB has a specific agreement with Artist and has the authority to enter this Agreement on behalf of Artist; and
NOW THEREFORE, the Parties wish to be bound by the terms of this Agreement as follows.
TERMS
1. DDB AND ARTIST RELATIONSHIP. DDB is an agency that represents professional freelance artist (“Artist”). Such Artist are in the profession of providing makeup and hair services for special events. The Artist involved in this Agreement has a valid contract with DDB. Such contract allows DDB to represent the Artist and enter this Agreement on behalf of Artist. Artist agrees to all terms herein.
2. INDEPENDENT CONTRACTORS. In providing the Services under this Agreement it is expressly agreed that DDB and Artist are acting as independent contractors and not as employees or agents of Client, or of one another.
3. RESERVATION FEE. Client has paid Studio a $50 booking fee to reserve the time and date requested by Client (“Services Date”). This reservation fee secures the Artist and ensures creation of a detailed itinerary schedule sent prior to the Event. This fee is not deducted from the Event Day Total, Trial Day Total, and is non-refundable.
4. TRIAL RUN: At the signing of this Agreement, any trial run fees that the Client incurres from the trial run, by Artist, will be paid directly to the Artist the day of the trial run.
5. SERVICES. DDB will provide Client the services of event planning, customer service, scheduling, coordination of event makeup and hair. Artist will provide Client the services of makeup and/or hair application on the Service Date. The services provided by both DDB and Artist shall be referred to as “Services”.
6. TERM OF AGREEMENT. The term of this Agreement ("Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term may be extended by mutual written agreement of the Parties.
7. TERMINATION. Our booking fee is non-refundable. 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 60 days prior to the Services Date listed in the Client’s inquiry booking form. If the Client wishes to cancel without a 60 days notice or if the Client drops their application count without 60 days notice, 50% of the event total or dropped application total will be due. If Client fails to give at least 7 days’ notice of cancellation, drops their application count or fails to show on the day the Services are to be performed, Client must pay 100% of the Event Total or dropped application total.
8. CLIENTS RESPONSIBILITIES. In order to provide the Services herein, Client shall provide to DDB and Artist the address for where Services are to be performed, table space, chairs, lighting, electrical outlets and any other specific request Studio or Artist need to provide the Services.
9. CURRENCY. All monetary amounts referred to in this Agreement are in USD (US Dollars).
10. COMPENSATION. For the Services rendered by DDB, as required by this Agreement, the Client will provide compensation ("Compensation") as specified in the schedule sent to and approved by the Client. Payment is due to Artist on the day of the event.
11. PAYMENT TERMS TO ARTIST. Payment is made to Artist in the amount provided by Artist. Payment to Artist shall be made in full on the day of service and made directly to Artist.
12. PAYMENT METHOD. Payment is payable to both DDB and Artist via Venmo, Paypal Cash, and credit or debit card. Payments made with a credit card or debit card will automatically have 20% gratuity added to the total. Cash is the preferred form of payment.
13. TIPS. In addition to the Compensation, the Artist may expect a tip. Please make sure to tip Artist accordingly. Tips are not included in the application price. The average tip is 15-20% per application.
14. EXPENSES. In connection with providing the Services hereunder, Client shall, in addition to the Compensation, pay for any expenses incurred by DDB and Artist, such as valet parking fees, garage fees, water transient fees and other fees incurred as a result of providing the Services.
15. PAYMENT PENALTIES. In the event that a party member is late to their scheduled appointment for the Services, a penalty of $25 per party member per artist will be added to the Client’s bill and due to Artist the day of the event.
16. REMEDIES FOR FAILED PAYMENT. In the event that payment is not paid to Artist the day of the event or paid to DDB as specified via the approved e-mailed schedule, Artist and DDB shall have all the right to use all remedies available to them by law. Such remedies include, but are not limited to the use of collections, judgements and court proceedings.
17. ACCELERATION OF PAYMENTS. Unless otherwise agreed, if Client fails to make any payments as specified in the approved e-mailed schedule, then DDB shall have the right to accelerate payments and all payments, including future payments, shall be due immediately.
18. CONFIDENTIALITY. Any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that data or information could reasonably be expected to cause harm to the Client (“Confidential Information”) may be obtained by DDB or Artist while performing the Services.
DDB and Artist agree that they will not disclose, divulge, reveal, report or use, for any purpose, other than required by law, any Confidential Information which they have obtained, except as authorized by the Client.
19. COMPLAINTS: In the event the Client is not satisfied with the Services that he or she has received, DDB asks that Client contacts DDB directly to rectify the situation. DDB asks that Client gives DDB the opportunity to improve Client’s experience before expressing any negative conclusion. This includes, but is not limited to, social media, The Knot and WeddingWire websites. Further, Client agrees not to write any reviews, either online or in print, that could result in financial loss, tarnishment of reputation or have any negative effect on Studio.
20. NOTICES. All notices, requests or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to DDB:
DDB:
DANI DOES BEAUTY LLC
DANI DOES BEAUTY LLC
12488 ACOSTA OAKS DR
JACKSONVILLE FL 32258
DANIDOESBEAUTYSTUDIOS@GMAIL.COM
21. LIMITATION OF LIABILITY. DDB and Artist shall not be liable to the Client, or any agent or associate of the Client, for any mistake, error in judgment or for any act or omission done in good faith and believed to be within the scope of authority conferred or implied by this Agreement. Client agrees to not hold either Artist or DDB liable for property damages, event day complications or any act or occurrence arising out of the Services, even if such damage, complication or act or occurrence results in financial loss to the Client, agent or associate of the Client.
22. LIABILITY DISCLAIMER FOR MAKEUP. All brushes and makeup products are kept sanitary and are sanitized between every application. Any skin condition should be reported by the Client to the Artist prior to application and, if need be, a sample test of makeup may be performed on the skin to test reaction. Client agrees that Artist and DDB are not liable for any skin complications or reactions from the use of makeup, product or technique employed by Artist.
23. PHOTO RELEASE. Client agrees to allow DDB and Artist to use any pictures from the specific event for promotional & advertising purposes on websites and other promotion tools. DDB and Artist agree not to use any pictures from the specific event for promotional & advertising purposes on website(s) and other promotion tools used if Client explicitly requests so in writing via e-mail, no later than 14 days after the event.
24. ASSIGNMENT. No party shall, either voluntarily or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the other party. In the event that an Artist cannot make the event, DDB will replace the Artist with another Artist who is capable of providing the Services. If another Artist is not available, this Agreement shall terminate and neither party shall have any obligations to one another.
25. 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 both Parties or an authorized representative of each Party.
26. ENTIRE AGREEMENT. This Agreement, including the approved schedule with costs, constitutes the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties, except for any separately signed Confidentiality, Trade Secret, Non-Compete or Non-Disclosure Agreements to the extent that these terms are not in conflict with those set forth therein.
27. FORCE MAJURE. A party shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is beyond the reasonable control of a party, materially affects the performance of any of its obligations under this agreement, and could not reasonably have been foreseen or provided against. Such failures or delays may be caused by acts of terrorism, natural disaster, civil unrest, war or act of God. Performance will not be excused for failure or delay resulting from only general economic conditions or other general market effects.
28. GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by, and construed under, the laws of the State of Florida. Jurisdiction and venue for all purposes shall be in the County of Duval State of Florida.
29. REMEDIES. In the event of breach of this Agreement by Client, DDB and Artist shall be entitled to exercise all rights and remedies provided herein or granted by law, including, but not limited to, recovery of consequential damages, expectation damages, restitution and specific performance, if so desired.
30. ATTORNEY FEES. In the event of a dispute between the Parties concerning the terms of this Agreement, the prevailing party in such dispute shall be entitled to collect from the other party reasonable attorney fees incurred in such dispute.
31. SEVERABILITY. 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.
32. SURVIVAL. All of DDB and Artist’s obligations and remedies shall survive the termination of the Agreement, including, but not limited to the right to collections, accelerations, remedies and attorney fees.
33. WAIVER. 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.
IN WITNESS WHEREOF the Parties have caused this Agreement to be executed as of the date first written below.
This is a legal and enforceable contract between “DANI DOES BEAUTY” and “Client.” To agree to the terms of the Client Service Agreement, please type the following sentence in the message field below followed: I agree to these terms and conditions – Full Name and Wedding Date.