Terms & Conditions
HERE IS MY SERVICE CONTRACT WHICH YOU AGREE TO BY PAYING YOUR WEDDING DAY RESERVATION FEE:
Kate Waller Hair and Make Up Artist
TERMS AND CONDITIONS
“We” are: Kate Waller trading as Kate Waller Hair and Makeup artist of 11 Payne Close, TN62FH
“You” are: The customer or customers that received the proposal (where more than one person, they shall be jointly and severally liable).
In this agreement:
“Assignment” means the project of work, goods and Services set out in the proposal. “Deposit” means the advance payment to secure the date and to allow Kate Waller to commence work on the Assignment and is described in clause 2.2.
“Event” means the event where the Assignment is to be delivered by Kate Waller.
“Fees” means money paid or owed to Kate Waller by the Client for the Assignment. “Services” means the Services provided by Kate Waller as part of the Assignment.
“Terms” means these Terms and Conditions.
2. PRICE AND PAYMENT
2.1. Price for the Assignment is set out in the proposal. There is no VAT.
2.1.1 Prices charged are per person, and any additional Services or 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 for touch ups, advice on application and use and the delivery of makeup services, and all ancillary Services to complete the Assignment.
2.1.3 The price excludes any expenses that will be incurred by Kate Waller, 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 Kate Waller’s base and return.
2.2. A Deposit of £50 shall be paid upon entering this agreement.
The Deposit is to secure the date for the delivery of the Assignment and the preparation time required to deliver the Assignment. Kate Waller's booking confirmation for the Deposit will follow – please refer carefully to Clause 3. 2.3 The price and the Deposit and any expenses shall be the Fees of Kate Waller. The Client shall pay Kate Waller the balance of the Fees at the latest 14 days before the Event and all Fees shall be paid in advance in full.
3. 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.
3.2 If Kate Waller cancels the Assignment, the deposit paid will be repaid to the Client within 14 days of cancellation and no further sum or compensation will be payable to the Client by Kate Waller 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 more than 14 days after entering this agreement and more than 8 weeks 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 Kate Waller.
3.3.3 If the Client cancels this Assignment within 8 weeks or less of the Event, then the Fees including any expenses incurred as at the date of cancellation, less any Fees paid already, shall be due to Kate Waller
4. THE ASSIGNMENT.
4.1 Kate Waller reserves the right to use images of their 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 trial address provided on the booking form. The trial will be at Kate Wallers address, term time only on Weds or Thursdays 4.2.2 Trials are recommended to be undertaken between 6-8 weeks before the Event. They usually need to be booked in advance about 4 months before the Event.
4.2.3 Once a trial is booked it can only be rearranged with a minimum of 7 days’ notice
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 Kate Waller, 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 Kate Waller at time of booking. If numbers subsequently increase, Kate Waller 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 Kate Waller 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 Kate Waller reserves the right to use the additional services and assistance of other MUA’s, if it is necessary to deliver the Assignment. If applicable, an £50.00 assistant fee will be added to the invoice.
5.1 Kate Waller will not be held responsible for any allergies or reactions caused by our work.
5.2 It is the Client’s responsibility to inform Kate Waller in writing of any sensitivities/allergies/intolerances at the time of booking or at the latest 14 days before the Event. Kate Waller cannot accept any liability for allergies or reactions where they have not been advised of such risks.
6.1 Verbal or email instructions by the Client to proceed will constitute an acceptance in full of the Terms.
6.2 The Fees will be paid after invoices rendered from time to time. No VAT is applicable. Payment terms are 7 days before the event 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.
6.3 Kate Waller 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, Kate Waller 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.
6.4 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.
6.5 Kate Waller will use reasonable care and skill in performing the Services.
6.6 Kate Waller's liability in respect of any loss of goodwill, 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.
6.7 In respect of any other direct losses (in Contract or Tort) the total liability of Kate Waller will not exceed the return of all Fees received, and thus the limit of liability shall not exceed the value of the Services provided.
6.8 Nothing in the Terms will exclude or limit liability for death or serious injury caused by Kate Waller's negligence.
6.9 The Services may be terminated if payment of the Fees is not made in accordance with the Terms, or if the Client commits a material breach of any of the 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 Kate Waller.
6.10 If Kate Waller is limited or hindered from providing Services booked by the Client due to circumstances beyond its control eg. government intervention, Acts of God, civil disturbance, war, national or local disaster, strikes, labour disputes, then the liability of Kate Waller to the Client shall not exceed the amount paid by the Client for the Services. The Deposit shall be non-refundable, (being an approximation of the value of Services already rendered) and Kate Waller shall (where the value of the Services already delivered to the Client is greater than the value of the Deposit) be entitled to be paid additionally for all Services delivered to the Client up to that point. Kate Waller shall not be liable for any additional losses incurred by the Client in such circumstances.
6.11 Nothing in the Terms are intended to create a partnership or joint venture between Kate Waller 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 The Terms and any dispute arising from them shall be governed by the laws of England and Wales.