GENERAL SERVICE AGREEMENT
THIS GENERAL AGREEMENT (the "Agreement")
Dated: [Timestamp of the email this document was attached]
1) - THE CLIENT (BRIDE)
2) - EYE DO MAKEUP- NORTH LLC / DOING BUSINESS AS REFEYEANCE III MAKEUP & HAIR
3) - ARTIST/S
(Individually and collectively the "Independent Contractor").
REFeyeANCE III Makeup & Hair LLC is an agency that represents professional freelance artists. The freelance artist involved in this agreement has a valid contract that allows REFeyeANCE III Makeup & Hair LLC to represent them and contract with the Customer on their behalf.
All parties in this agreement are individual, independent contractors representing the beauty industry’s top performers.
Customer initially contacted REFEYEANCE III MAKEUP & HAIR 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. REFEYEANCE III MAKEUP & HAIR reserved the desired date and time of this specific event, upon a $51.80 deposit paid by the customer. This deposit/ reservation fee secures your artist/s, gives you 24 hour access to one of our customer service managers and ensures creation of a detailed wedding day schedule which is sent to you 4 weeks prior to your event. This deposit is not deducted from your wedding day total and is refundable should you need to cancel for any reason as long as we are notified 4 months prior to the wedding date. . The deposit is non refundable if you cancel within 120 days from the event. If you cancel within 90 days of the event, a 20% cancellation fee will be applicable.
Artist(s) will display 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. 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. Payment for trial is due the day the trial is completed.
The Customer is of the opinion that the Independent Contractor has the necessary qualifications, experience and abilities to provide the skillsets desired to the Customer.
The Independent Contractor is agreeable to providing such skillsets 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 Skillsets consisting of:
Provided By Independent Contractor:
Makeup / Hair application(s) on the day of the specific event – (Artist/s)
Event planning, customer service, scheduling & coordination of event makeup & hair - (Eye Do Makeup- North LLC)
The Professional Skillsets will also include any other tasks that the Parties may agree on. The Independent Contractor hereby agrees to provide such Professional Skillsets to the Customer.
Provided By Customer:
Provide location address for the on location event, table space, chairs, lighting and an electric outlet.
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 60 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 application minimum for Saturday events.
All monetary amounts referred to in this Agreement are in USD (US Dollars).
For the Skillsets 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). Payment options can be discussed with your artist at the trial run.
REFeyeANCE Makeup & Hair will touch base 90 days prior to the event to confirm details. At this time, final counts should be provided to use in order to construct a detailed schedule/timeline so that we can provide the you the bride with a draft schedule 3-4 weeks prior to the event date. This schedule contract will include a breakdown of prices, times & counts. In the event that an update was not provided at the 90 day touch-base, this information is gathered from the customer’s contact form that they submit prior to booking.
Additional Compensation- Tips:
In addition to the Compensation, the Artist(s) will expect the following additional compensation for performing the Professional Skillsets:
TIPS: Please make sure to tip your Artist(s) accordingly. Tips are not included in the application price.
The average tip is 10-20% per application. When paying with a credit card, automatic 20% gratuity is charged.
Reimbursement of Expenses:
In connection with providing the Skillsets hereunder, the Independent Contractor will only be reimbursed for the following:
We request that client pay for Artist(s) Valet parking fees and any other fee's that may be incurred due to the location of the specific event such as water transient fees in the south markets, or toll fees.
The artist/s do Valet park at hotels for safety purposes.
In the event that a bridal party member is late to their scheduled appointment, $20 per bridal party member per artist can be added at the artist's discretion to the bride’s bill in any case where an artist is waiting 15 minutes or more.
Confidential information (the "Confidential Information") refers to any data or information relating to the Customer, whether business or personal, which would reasonably be considered to be private or proprietary to the Customer and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Customer.
The Independent Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Independent Contractor has obtained, except as authorized by the Customer. This obligation will survive indefinitely upon termination of this Agreement.
All written and oral information and material disclosed or provided by the Customer to the Independent Contractor under this Agreement is Confidential Information regardless of whether it was provided
before or after the date of this Agreement or how it was provided to the Independent Contractor.
In providing the Skillsets under this Agreement it is expressly agreed that the REFeyeANCE III Makeup & Hair LLC and Artist(s) are acting as an independent contractor and not as an employee. The Independent Contractor and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for the desired work/skillset the Artist(s) are providing for the specific event.
In the event that you are not 100% satisfied with the services that you have received, we ask that you contact REFeyeANCE III Makeup & Hair LLC directly to rectify the situation.
Client agrees not to publicly criticize REFeyeANCE III Makeup & Hair LLC, Eye Do Makeup & Hair, LLC, or the Artist/s on social networks, public forums & blogs without first providing them with the opportunity to rectify a situation to the satisfaction of all parties. This includes but is not limited to The Knot & Weddingwire wedding websites. Failure to comply with this clause will be considered breach of contract and could lead up to legal obligation on the client’s behalf of up to but not limited to $10,000 if client post inaccurate feedback on public record.
All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows:
REFeyeANCE III Makeup & Hair LLC
C/O Ashley Walker
8401 Claude Thomas Rd. Suite 43 Franklin, OH 45005
Limitation of Liability:
It is understood and agreed that the Independent Contractor & REFeyeANCE III Makeup & Hair LLC will not be liable to the Customer or any agent or associate of the Customer, for any mistake or 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 Artist/s or REFeyeANCE III Makeup & Hair LLC liable for property damages or wedding day complications that could result in monetary loss.
LIABILITY DISCLAIMER: All brushes and makeup products are kept sanitary and are sanitized between every application. Makeup products used are hypoallergenic. Any skin condition should be reported by the client to the artist/s prior to application and, if need be, a sample test of makeup may be performed on the skin to test reaction.
Client(s) agree to release the makeup artist & REFeyeANCE III Makeup & Hair LLC from liability for any skin complications due to allergic reactions.
Customer agrees to allow REFeyeANCE 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- North 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, with appropriate notice, REFeyeANCE III Makeup & Hair LLC will work to 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.
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.
IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this day.
PLEASE FILL OUT THE BELOW FORM TO VERIFY THAT YOU HAVE READ, UNDERSTAND & AGREE THE ABOVE AGREEMENT.