BRIDAL CONTRACT
This contract outlines an agreement and includes all contractual obligations made between Natalie Willingham hereinafter referred to as "Artist" and You hereinafter referred to as “Purchaser".
In consideration of the mutual covenants herein contained and, intending to be legally bound hereby, the Purchaser and the Artist agree as follows:
a. Purchaser agrees to engage Artist to provide makeup and / or hair services on the date and time agreed.
b. Artist agrees to perform these services for the Purchaser and any wedding party members agreed as per the booking form, under the Terms and Conditions set forth in this contract.
c. In consideration of the mutual promises set forth in this contract, it is agreed by and between Purchaser and Artist.
RELATIONSHIP OF PARTIES
The parties understand and agree that an independent contractor relationship will be created by this contract. Bride is interested only in the results to be achieved, and the conduct and control of the work will lie solely with Artist. The Artist is not to be considered an agent or employee of the Bride for any purpose.
ARTIST’S OBLIGATIONS TO PURCHASER:
a. Artist shall provide Services with reasonable time and care.
b. Artist shall perform the Services promptly on the date and time agreed.
c. Artist shall use her own products in the provision of the Services, unless specifically agreed otherwise.
d. Artist will arrange a means of transportation to get to and from event location.
e. Purchaser understands and agrees that in the unlikely event that the Artist has any unforeseeable reason, or experiences an unavoidable situation (example: injury or severe illness, urgent family emergency etc.) that gives them an inability to fulfill their obligations to the Purchaser, that Artist will arrange for an equally qualified Makeup Artist to complete the agreed upon services for the same agreed upon terms of payment. If Artist is unable to find a replacement artist, a full refund is provided.
f. Artist shall use appropriate sanitary practices, and only use professional cosmetic products that give high quality results, and that are safe for the safety of the Purchaser and their wedding party attendants.
g. Artist will conduct themselves in a professional and friendly manner to all recipients of services given.
h. Artist shall be responsible for sub-contracting additional Makeup Artists, Assistants, or Hairstylists for large bridal parties in order to perform the services required in an appropriate timeframe in accordance with the Services Provision. The need to hire any sub- contractors will be at the discretion of the Artist, and will not be guaranteed unless specified within this contract.
PURCHASER’S OBLIGATIONS TO ARTIST:
a. Purchaser agrees to pay all rates and fees in accordance within the Payment Terms.
b. Purchaser is responsible for Artist’s traveling fees, and parking fees in accordance with the Booking Form. Purchaser will pay all fees to Artist, in full prior to the Event Date.
c. Purchaser will take care of payment in a prompt and timely manner as specified under the terms listed in accordance with the Payment Terms.
d. Regardless of any personal agreements made between the Purchaser and any other members of their party, the Purchaser agrees to assume all responsibility for fees not paid by members of their party to Purchaser or their assistants in accordance with the Payments provision.
SERVICES
Services offered – please refer to Booking Form
Purchaser agrees that Artist is only obligated to provide the services that are specified on the booking form. Any additional services added prior to the Event Date will only be accommodated if confirmed no later than 1 month or if time allows. Artist cannot be held liable for any problems this presents abiding to the original timeline set in place.
Consultation & trial prior to Event Date:
1. A paid consultation and trial shall be offered by Artist to Purchaser on an agreed upon date. This consultation and trial shall provide a means for Purchaser and Artist to determine together a set “look” to be performed on the event date for the Purchaser. During said consultation and trial Purchaser will have the opportunity to go over any specific needs, requests, or concerns they would like addressed as part of the services the Artist is performing on Event Date.
2. If Purchaser waives the offer of a paid consultation and trial then Purchaser agrees to allow Artist to perform to their discretion a look for Purchaser that incorporates the products, colours, and techniques that the Artist deems best for the Purchaser. Purchaser agrees and understands that without having scheduled a consultation and trial to pre-determine a set “look”, that Artist cannot be held liable for Purchaser not being happy with the results of the “look” Artist provides, or any unanticipated time constraint this places on performing the makeup application itself. In this scenario the Artist cannot be held liable If the other members of the party are not given the same length of time for their look as a result of taking longer than anticipated and originally outlined in the schedule. Purchaser also agrees and understands that under these circumstances they would still be liable for the full agreed upon balance. This balance will still be owed, even if as a result of this circumstance the members of Purchaser’s bridal party, who are specified within this contract, were not able to be accommodated by Artist because the bride’s extended appointment left no time for the other agreed upon members. It is for this reason that scheduling a consultation and trial is highly recommended, unless Purchaser feels in good faith they are confidant with the Artist’s skills and the services they are able to provide. If Purchaser has already scheduled a consultation, please specify “N/A”.
3. If Purchaser is signing this contract before a scheduled consultation and trial has taken place, and after said consultation the Purchaser is not satisfied with the results, Artist grants the Purchaser the ability to: schedule a second trial at the same fee or the Purchaser can cancel which will be acknowledged between both parties that this contract would then become null and void and both parties would not be obligated to abide by any of the above recitals or any other aspect of this contract and no refund of the booking fee will be given. This measure is taken in order to ensure that the Artist does not lose or turn down other paid work as a result of holding the Purchaser’s Event Date in their calendar. It is for this reason, scheduling a trial in advance is highly recommended.
Services to be performed on Event Date :
1. It is agreed that Artist shall provide Services for Purchaser and additional attendants (as specified under booking form) on the Event Date.
2. Purchaser understands and agrees that if on the Event Date the Artist provides services, and prior notice was not given, in writing 2 months before the event date, of any decreases to the number of attendants receiving services (as specified in booking form) Artist will still be entitled to the full balance left owed (based off of the original number of attendants cited within this contract). This will be owed to Artist regardless of if Artist provides services for the attendants who canceled or not.
3. Purchaser understands and agrees that the Artist’s Minimum Charge Requirement for 6 services (hair or makeup constitutes a single service and two of these must be for a bride, trials, flower girls and additional fees are not included) must be adhered to in order for the Artist to attend the event. In the circumstance that less than 6 services are required, the cost of the Minimum Charge Requirement remains payable on the agreed payment date should you wish for the Artist to attend your event, unless a variation has been agreed in writing with the Artist.
4. Purchaser understands that only those persons who are included in this contract (listed in the booking form) are guaranteed services, and only if time allows will additional attendants be added for additional fees. Artist is not responsible for providing services to additional attendants if they are not included within this contract. Artist shall only provide services to additional attendants not included in this contract if reasonable time permits. Additional services on the event date are to be paid in full in the form of Cash.
BOOKING FEE
1. Purchaser understands and agrees that in order for Artist to hold Purchaser’s Event Date in their calendar, a retainer of £100 must be paid in advance. This payment will be deducted from the total balance that Purchaser will owe 1 month prior to the event date. Purchaser also understands and agrees that Artist has the right to consider other paid job offers until the booking fee has been received. First refusal will be provided.
2. Purchaser understands that this booking fee is non-refundable and is a retainer to hold a date in Artist’s calendar and cover initial administration duties.
3. Retainer can be paid in the form of: Cash or Bank Transfer and must be paid within 7 days of dated invoice.
BALANCE PRIOR TO THE EVENT DATE:
a. Purchaser understands 50% of the final balance for all services, including payment for the trial appointment is due within 1 month of the booking being confirmed (balancing payment) unless agreed differently. This balance is payable in the form of Bank Transfer only.
b. Purchaser understands and agrees that the remaining balance (minus the booking fee and 50% balancing payment) will be due 1 month prior to the event date, unless agreed differently. This balance is payable in the form of Cash or Bank Transfer.
c. Purchaser understands and agrees that any additional services performed by Artist or their Assistants on the Event Date, will be owed in addition to the final balance, and must be paid in full prior to the Event Date in the form of Cash or Bank Transfer 1 month before the event date.
d. Covid-19 Variation to contract. Until the government removes restrictions and allows weddings to go ahead freely the following payment terms shall apply:
d.i Purchaser understands payment for the trial appointment is due within 7 days of the trial appointment date (balancing payment). This balance is payable in the form of Cash or Bank Transfer.
d.ii Purchaser understands and agrees that the remaining balance (total payment minus the booking fee and balancing payment) will be due 1 month prior to the event date. This balance is payable in the form of Cash or Bank Transfer.
CANCELLATION POLICIES:
a. If Purchaser gives Artist notice, in writing, of a request to cancel their booking between the Trial and 2 months before the event date, any monies already received will not be refunded. Purchaser also agrees and understands that their initial booking fee is non-refundable regardless of the date in which they cancel.
b. If Purchaser gives Artist notice, in writing, of a request to cancel their booking less than 2 months prior to the Event Date, then Purchaser will be charged the full and final balance as per the booking form. Payment of this amount will be due within two weeks (14 days) of the date Purchaser gave Artist notice. Purchaser also agrees and understands that their initial retainer is non-refundable regardless of the date in which they cancel.
c. Any payments not made on time may result in your booking being cancelled.
d. If Purchaser’s party size (as per booking form and Artist’s Minimum Charge Requirement) falls below the Artist’s Minimum Charge Requirement and they request in writing to cancel their booking in entirety between the Trial and 2 months before the event date, the Purchaser will be entitled to a refund of monies paid minus any services already performed and any costs reasonably incurred in connection with the booking to date. No refunds will be due following reductions in party size within 2 months of the event date.
e. Covid-19 Variation to contract. Should the government impose restrictions on weddings / events the following policy shall apply:
e.i If the Purchaser’s Event Date falls during a Government enforced lockdown and Purchaser gives Artist notice, in writing, of a request to cancel their booking in entirety, then Purchaser will be entitled to a refund of monies paid to date minus any costs reasonably incurred in connection with the booking. Purchaser also agrees and understands that their initial retainer is non-refundable regardless of the date in which they cancel.
e.ii If the Purchaser’s Event Date falls during a Government enforced restriction and Purchaser gives Artist notice, in writing, of a request to postpone their booking, Artist will move the Event Date (providing they are available) to a new date, feee of charge providing the new date is not more than 18 months later than the original Event Date. Any postponed Event’s moved to a date that is more than 18 months later than the original Event Date may be subject to a price increase.
e.iii If the Purchaser’s Event Date falls during a Government enforced restriction, not lockdown and Purchaser gives Artist notice, in writing, of a request to cancel their booking in entirety, then normal cancellation policies apply. See terms a and b above.
LIABILITIES
a. Purchaser understands and agrees to give Artist notice of any and all known allergies that Purchaser (or members of their party) has to ingredients that could potentially be found in cosmetic products of any kind. If Purchaser has any known allergies, please list them below.
b. Purchaser understands and agrees that if notice is not given to Artist of any known allergies that Purchaser or the other members of their party have, or if Purchaser and the other members of their party are not aware they have an allergy, Artist and their Assistants cannot be held liable for any reactions, injuries, losses, damage, costs, claims and actions that may occur to Bride, or any other members of their party.
c. Purchaser understands and agrees that any parking costs or restrictions outside your home or the location where wedding preparations are being undertaken need to be made known to the Artist in advance. Additional parking costs will be added to the remaining (final) balance.
ADVERTISING
Purchaser agrees to allow the Artist to take before/after images and any other relevant images to publish on their own website and social media platforms, possible image for print advertising and other tasteful advertising material. Also allowing the Artist to be in touch with your photographer to use possible professional images for such advertising. Should you not wish to adhere to this – please advise accordingly.
ENTIRE AGREEMENT:
This contract represents all the terms and conditions agreed upon by the parties. No other understanding or representations, oral or otherwise, regarding the agreement shall bind any of the parties. This contract may not be amended, except in writing, and signed by both parties. In any action or proceeding involving a dispute between the Purchaser and the Artist arising out of this contract, the prevailing party will be entitled to receive from the losing party reasonable attorney's fees.