Makeup Artist & Hairstylist T's & C's

This Agreement is entered into by Tash Studio (The Company) and You (the Client) and the parties agree to the following duties and obligations. The Client acknowledges to have read, fully understood and accept these terms and conditions as indicated by their mark, which may be digitally. This Agreement is legally binding and enforceable in terms of South African law.

 

1. CONFIRMATION OF BOOKING

 

1.1. This contract will only come into operation upon receipt of payment of the non-refundable booking fee of 50% of the total amount.
1.2. Should the payment not be received within 14 days The Company is under no obligation to reserve a date nor perform any other duties, as set out in this contract.
1.3. It is the Client’s duty to ensure that the payment has been received and that the date is confirmed by The Company.
1.4. If the non-refundable booking fee is paid before or without returning the signed terms and conditions, it will be considered that the client is in agreement with all of the terms and conditions.
1.5. To confirm a booking, a copy of the signed contract and proof of payment must be mailed to The Company at tash@tashstudio.co.za 

Name: N Constantinides
Bank: FNB
Account: Cheque Account Account Number: 62 46 166 47 50
Branch Code: 250 655
Refference: Name & Invoice no.

 

2. PAYMENT

2.1. Final outstanding balance and any additional costs must be paid no later than 30 days before the event.
2.2. If a booking is made within 30 days, full payment as well as all required documentation will be required within 24 hours of booking confirmation.
2.3. The Company only accepts EFT’s.

2.4. Payment due dates must be strictly adhered to,
to avoid cancellation of the booking.
2.5. The Company reserves the right to cancel any bookings without notice and/or liability to the Client, if the Client does not adhere to the payment dates.
2.6. If full payment is not received before the event date, The Company reserves the right to cancel this agreement and retain any and all payments as a pre-estimate of damages suffered and charge a late payment charge of 10%.

 

3. POSTPONEMENT AND CANCELLATION

3.1. The Company reserves the right to cancel this Agreement at any time during the following instances:
3.1.1. A conflict of interest arises between the parties, nominated person, Client or any other person affiliated with the Client;
3.1.2. The Company is unable to perform their duties; and
3.1.3. Should no proper instruction be provided by the Client to The Company.
3.2. In the event of the Client postponing and/or changing the originally booked event date and The company is not available on the new date, the agreement will be cancelled of which the following conditions will apply and the client will be liable for:
3.2.1. all deposits if not already paid in full;
3.2.2. any discounts allowed;
3.2.3. any additional costs incurred for rendered services that exceed the deposit amount;
3.2.4. a cancellation administration fee of R 2,500.00 (two thousand five hundred).
3.3. The following cancellation penalties will apply calculated on the package value at the time of cancellation, and the client hereby consents to the deductions of these amounts, in the event that our service is not rebooked:
3.3.1. 5 months or more prior to the event 10% of the event package
3.3.2. 4 months prior to the event date 25% of the event package
3.3.3. 3 months prior to the event 50% of the event package

3.3.4. 2 months prior to the event 75% of the event package
3.3.5. 30 days or less prior to the event 100% of the event package
3.4. Any and all deposits paid in terms of this agreement are non-refundable.
3.5. Any cancellation of this agreement must be done in writing and all outstanding fees/deposits must be paid within 14 days of such cancellation notification and signed by the bride.
3.6. Should the Client cancel the agreement, the Client will be liable for all work done to date at an hourly rate of R550.00 that is not covered by the deposit and cancellation fee.

 

4. MITIGATING OF LOSSES

4.1. Should the Client cancel the date due to a change in date the company will:
4.1.1. Try and mitigate loss by either accommodating the client on an alternative date; or
4.1.2. Try and re-book the specific date or event.
4.2. If the company can re-book a date or an event the losses suffered as set out above will be adjusted for the client to the minimum actual losses.

 

5. TRAVEL FEES

5.1. A travel fee will be charged according to the SARS rate per km travelled for a round trip from Menlo Park, Pretoria
5.2. Should The Company be required to travel more than 150km radius measured from Menlo Park, Pretoria to the event venue the Client agrees to the following:
5.2.1. Pay The Company according to the SARS rate per km travelled and provide accommodation options for the artist and assistant;
5.2.2. Pay a standard additional fee of R1,000.00 per day for accommodation (one thousand rand). Payable prior to the event date.
5.3. The Client must provide The Company with
5.3.1. A detailed description of the road conditions leading to the location and
5.3.2. accurate directions to the venue
7 days prior to the event in writing. This is especially important where the venue is situated in a rural or outlying area that may require a 4×4 vehicle.

 

6. TRIAL MAKEUP AND HAIR STYLING CONSULTATION

6.1. A trial makeup and hair styling consultation may be booked for all packages, if not included in the package it will be charged separately.
6.2. All fees in respect of the trial makeup and hair styling consultation must be paid in full prior to the said consultation.
6.3. A trial makeup and hair styling service is limited to a consultation of 2 hours for each service and timed from the time allotted. Should the Client be late for the consultation, the consultation will not be adjusted to make up for this time.
6.4. The Client must notify The Company at least 24 hours in advance to reschedule a trial should the Client not be able to attend, otherwise it will be considered missed appointment and added to the final balance or the amount paid for the consultation be forfeited.
6.5. A surcharge of R500 applies for consultations booked on available Saturdays.

 

7. EVENT DATE

7.1. The Client will agree to a start and end time for all parties requiring makeup and hair styling on the day. No less than 45 minutes per person and 1 hour for the Client per service.
7.2. All times must be communicated to The Company 5 days prior to the event.
7.3. Any additional makeup and hair styling needs not included in the Client’s package will only be performed at the discretion of The Company, and may be charged separately.
7.4. All persons involved in makeup or hair styling appointments must be available at the scheduled time of said appointment. No adjustments will be made to the allotted times if the said person is late.
7.5. Makeup and hair styling will only be done at one location and consecutive time appointments must be arranged.

 

8. SATISFACTION GUARANTEED

8.1. Makeup and hair styling will be completed to the Client’s satisfaction, but is not to exceed allotted makeup and hair styling time.
8.2. Acceptance of completed makeup application or hair styling by Client is acknowledgement that makeup is done to his/her satisfaction.

 

9. SERVICE REQUIREMENTS ON EVENT DATE

9.1. Location of the service for the day-of- event will be at the discretion of the Client.
9.2. The following must be made available to The Company at the location:
9.2.1. A table or work area;
9.2.2. Working electrical outlets;
9.2.3. Ample lighting, whether by means of natural light or by lamps, (if not available, it is the Client’s responsibility to inform The Company at least 24 hours prior to the event).
9.2.4. A high chair or bar stool (if not available, it is the Client’s responsibility to inform The Company at least 24 hours prior to the event).
9.2.5. All parties to receive makeup is responsible for his/her own button down shirt or dressing gown while receiving makeup. (The Company will not be held responsible for makeup on any clothing, although precautions will be taken to avoid this.)

 

10. ALLERGIC REACTIONS AND CONTRAINDICATIONS

10.1. Due to the nature of the service provided, the Client agrees that he/she will communicate at least 48 hours prior to makeup application or hair styling and skin allergies or conditions that may affect or react to any makeup applied to or hair products used on the person or Client.
10.2. All brushes, tools and makeup products are kept sanitary and are sanitized between every makeup application.
10.3. The Company reserves the right to not use any product on a person or Client should the Company suspect a possible allergic reaction.
10.4. The Client understands and accepts that the Company will not work on any skin infected areas, including cold sores or any other conditions that is contraindicated and could possibly contaminate the artists kit.

 

11. LIMITATION OF LIABILITY

11.1. The Company will not be liable for and the Client will not have any claim of whatsoever nature against The Company as a result of:
11.1.1. The Company not being able to provide services as a result of weather, fire, or any other sudden unforeseeable event that may prevent it from fulfilling its obligations;

11.1.2. Any loss or damage to personal belongings of the Client or their guests, including parked vehicles;
11.1.3. Any interruption of electricity, water supply and sanitary services;
11.1.4. Any personal injury, death, illness etc. to the Client or their guests;
11.1.5. Any damage, loss, cost or claim that the Client may suffer or incur arising from any cancellation or termination for any reason contemplated in this Agreement.
11.2. Save to the extent otherwise provided for in this Agreement or where the Client is entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, we do not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any product or service.

 

12. FORCE MAJEURE

12.1. Neither party is responsible for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure. A force majeure for purposes of this agreement is, which list is not exhaustive:
12.1.1. war, whether declared or not, civil war, civil violence, riots and revolutions, acts of piracy, acts of sabotage;
12.1.2. natural disasters such as violent storms, cyclones, earthquakes, floods and destruction by lightning;
12.1.3. acts of authority, whether lawful or unlawful, apart from acts for which the Party seeking relief has assumed risk; and
12.1.4. acts and omissions of any other electronic communications provider or any utility provider, including but not limited to electricity ‘load-shedding’ activities.
12.1.5. Any event declared an epidemic, pandemic or quarantines
12.2. Where there is an event of force majeure, the party prevented from or delayed in performing its obligations under this contract must immediately notify the other party giving full particulars of the event of force majeure and the reasons for the event of force majeure preventing that party from, or delaying that party in performing its obligations under this

contract and that party must use its reasonable efforts to mitigate the effect of the event of force majeure upon its or their performance of the contract and to fulfil its or their obligations under the contract.
12.3. Upon completion of the event of force majeure the party affected must as soon as reasonably practicable recommence the performance of its obligations under this contract.
12.4. An event of force majeure does not relieve a party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event.
12.5. The Company has no entitlement and the Client has no liability for:
12.6. any costs, losses, expenses, damages or the payment of any part of the contract price during an event of force majeure; and
12.7. any delay costs in any way incurred by the Company due to an event of force majeure.

 

13. DISPUTES AND ARBITRATION

13.1. If there will be any dispute, controversy or claim (a “Dispute”) between the parties arising out of, relating to, or connected with this agreement, the breach, termination or invalidity hereof, or the provisions contained herein or omitted here from, the parties will promptly meet in order to attempt to negotiate and settle such Dispute. Such meeting will take place in good faith at such time and place as agreed to by the Parties, or failing agreement, within 3 (three) business days after the parties have become aware of such Dispute, at a venue to be agreed.
13.2. If the parties are unable to resolve the Dispute referred to herein within 30 (thirty) days after a party giving written notice of a Dispute to the other party, such Dispute will be finally settled by an arbitrator appointed by the parties within 10 (ten) business days of either party notifying the other of the a Dispute. To the extent that the parties cannot reach agreement on such appointment, the arbitrator will be appointed and will proceed in accordance with the Commercial Rules of Arbitration (the “Rules”) of the Arbitration Foundation of Southern Africa (the “AFSA”) in force at the time of such Dispute as the exclusive means of resolving such Dispute. All submissions and awards in relation to arbitration under this Agreement, all arbitration proceedings and all pleadings will

be made in English. Arbitration will be held in Pretoria, South Africa, unless another location is selected by mutual agreement of the parties.
13.3. The decision of the arbitrator will include a statement of the reasons for such decision and will be final and conclusively binding upon the parties and will be enforceable against them in any court having jurisdiction over them or any of their assets. The parties further agree to preserve the confidentiality of the entire arbitration and any award made in respect of the Dispute.
13.4. Nothing herein contained will be deemed to prevent or prohibit Disclosing Party from seeking urgent interim relief in a court of competent jurisdiction or for judgment in relation to a liquidated claim.

 

14. BREACH

14.1. Should either party be in breach of this agreement the other must notify the defaulting party of the breach via email to and if the breach is not remedied within 10 business days from date of sending the email the party may:
14.1.1. Cancel this agreement and retain any deposits or sums paid to The Company and claim further damages if the amount exceeds the amount retained.
14.1.2. Claim immediate performance and/or payment of the Client’s obligations in terms hereof.

 

15. ACCREDITATION

The Company retains the right to publish and display any images of the service rendered in The Company’s portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the service in connection with such uses. Either party, subject to the other’s reasonable approval, may describe its role in relation to the service and, if applicable, the services provided to the other party on its website and in other promotional materials, and, if not expressly objected to, include a link to the other party’s website.

 

16. COMPLAINTS PROCEDURE

16.1. Any complaint raised by the Client, must be communicated through the correct channels and directly to The Company.
16.2. The Client hereby agrees to provide The Company with an opportunity to correct the situation within reasonable time and attend to the necessary in order to resolve the complaint.
16.3. The Client agrees that no complaint or defamatory remarks may be posted on any social media platform whatsoever. Should the Client or any of its guests post any defamatory remarks on a social media platform the Client will remain liable for any damages suffered and will be required to remove such remarks immediately.
16.4. The Company reserves the right to institute legal action against the Client and/or its guest for any damages suffered to its reputation or name.

 

17. GENERAL

17.1. The parties agree that this Agreement constitutes the whole of the Agreement between them and that no other Agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement will be binding on the parties.
17.2. The Client agrees that any legal notices may be sent via email.
17.3. The Client warrants that as at the date of signature of this Agreement, all the details provided by the Client to The Company are true and correct and that the Client will notify The Company in the event of any change to such details.
17.4. The Client may not sell, cede, assign, delegate or in any other way alienate or dispose of any or all of your rights and obligations under and in terms of this Agreement without the prior written approval of The Company.

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