SERVICE AGREEMENT & CONFIRMATION
Please review & sign the following agreement to confirm your booking with Rachel Sylvester, dba Fresh Face Artistry.
This agreement is between Rachel Sylvester, dba Fresh Face Artistry (“Fresh Face Artistry”) and The Client (“You” or “Your”)
TERMS AND CONDITIONs
You wish to retain Fresh Face Artistry to enhance Your inherent beauty with makeup artistry services for the Event on the following Terms and Conditions:
Services: Fresh Face Artistry will provide makeup artistry for You (and [#] other individuals) for the Event (the “Services”). The specifics of the Services and service totals will be set out in Your detailed invoice.
Fees: Fees for the Services including any applicable taxes will be set out in Your detailed invoice (the “Fees”).
Deposit: To reserve Fresh Face Artistry for the Event and to confirm the Services, You must pay a deposit equal to 50% of the Fees (the “Deposit”) which Deposit is due and payable immediately upon signing this Agreement, and is non-refundable except as set out in this Agreement.
Balance of Fees: the balance of the Fees (after You have paid the Deposit) is due and payable in accordance with the terms set out in your detailed invoice.
Add-ons: If, after You have paid the Fees, You request additional services which were not set out in your original invoice, and if Fresh Face Artistry is able (in its sole discretion) to accommodate Your request, You will be billed accordingly and payment will be due prior to delivery of that additional service. You acknowledge that brow shaping is not included in the Services and should be done approximately one week prior to the Event.
Payments: All payments due under this Agreement shall be made by e-transfer to rachel@freshfaceartistry.com.
Start time: The time at which the Services shall commence on the Event date will be determined by Fresh Face Artistry, based upon the Event start time and the work included in the Services. Start time details will be further set out in Your detailed invoice
Assistant: If You require makeup applications for 7 or more people, Fresh Face Artistry reserves the right to bring an assistant, in which case You agree to pay an additional fee of $150.00, which will be due and payable at the same time as the balance of the Fees.
Trial: If the Services include a trial makeup application for You (the “Trial”), it shall be scheduled for a mutually agreeable time approximately 2-4 weeks prior to the Event, and should be booked 3 months prior to the Event. The Trial shall be completed at Fresh Face Artistry’s home studio in Kelowna and are 2-3 hours in duration. The Trial does not include other members of Your party.
Health & Safety:
a) You agree to notify Fresh Face Artistry if you have any known contagious health conditions or skin infections prior to the Services being delivered.
b) Fresh Face Artistry reserves the right to refuse services to You or another member of Your party if unsanitary conditions exist and/or contagious infections, wounds, or health conditions are present. In this instance, a refund equivalent to 50% of the portion of the Fees that Fresh Face Artistry, in its sole discretion, attributes to that individual’s application, will be refunded. If, in its sole discretion, Fresh Face Artistry determines that it is safe to provide a partial makeup application for an affected individual and proceeds accordingly, no discount nor refund will be provided.
c) Fresh Face Artistry will sanitize all brushes and tools prior to providing the Services and between applications for each individual in Your party. Fresh Face Artistry strictly follows all cleaning, sanitizing and health and safety practices and holds certifications with both Beauty Safe and Barbacide in sanitation and infection prevention protocols.
d) You agree to arrive for the Services with a freshly washed face, free of makeup, lotions, creams, etc. You acknowledge that time spent on removing any makeup You were wearing at the time of the Services will take away from the time available for the Services. You are reminded to wear a button-up shirt that can be removed without damaging the makeup application.
e) You agree to advise Fresh Face Artistry of any known allergies or skin sensitivities.COVID-19
f) You acknowledge the contagious nature of COVID-19 and that the BC Ministry of Health and other public health authorities still recommend practicing physical distancing.
g) You further acknowledge that Fresh Face Artistry has implemented preventative measures to reduce the spread of the COVID-19; however, Fresh Face Artistry cannot guarantee that You will not become infected with COVID-19 and you confirm that You are voluntarily receiving the Services regardless of any increased risk of COVID-19 exposure that may result from the delivery of the Services.
h) You agree to comply with all protocols and best practices implemented or recommended by the BC Ministry of Health to help reduce the spread of COVID-19 during the delivery of the Services.
i) You agree to complete a COVID-19 disclosure questionnaire prior to the Services being delivered.
Photo Release: You expressly authorize Fresh Face Artistry to use, without compensation, photos of You and photos from the Event, including photos that clearly show your face, in various forms of publications and advertising including but not limited to websites, social media platforms, portfolios, and competitions.
Force Majeure: Fresh Face Artistry will not be liable for failing to provide the Services if it is impossible to provide the Services due to unforeseeable circumstances, including but not limited to extreme weather, strike, inability to obtain materials or services, social or political unrest, blockade, armed conflict, act of God, act of war, terrorism, flood, fire, public safety advisory, public health advisory, disease, epidemic, pandemic or quarantine.
Rescheduling:
a) If the Event must be rescheduled, this Agreement may be amended in writing to specify a new mutually acceptable date (the “New Event Date”) provided that the New Event Date falls within 18 months of the original Event date. If no mutually acceptable date can be found, or if Fresh Face Artistry is not agreeable to rescheduling for any reason, You will be deemed to have cancelled this Agreement and the cancellation terms set out herein will apply.
Cancellation:
a) You may cancel this Agreement provided that You give Fresh Face Artistry at least 90 days’ notice of the cancellation; however, the Deposit remains non-refundable. If You cancel this Agreement less than 90 days prior to the Event, Fresh Face Artistry may retain all amounts paid under this Agreement and You are not entitled to any full or partial refund.
b) If Fresh Face Artistry is unable to provide the Services due to unforeseen circumstances, it will use commercially reasonable efforts to retain a replacement makeup artist to provide the Services at no additional cost to You. If a replacement is procured, You will not be entitled to any discount or refund. If no replacement makeup artist can be procured by Fresh Face Artistry, Your Fees will be refunded. Alternatively, if you do not wish for Fresh Face Artistry to procure a replacement makeup artist for You, You may elect to have the Fees refunded.
c) Notice of cancellation by either party must be given in writing and delivered by email to the addresses set out above. Notice so given shall be deemed delivered on the date the email is sent.
Limitation of Liability:
a) You acknowledge and voluntarily agree to assume and accept any and all risk of allergic reactions, personal injury, property damage, or loss resulting from, relating to, or otherwise arising out of this Agreement or the Services.
b) You agree to indemnify, release, and forever discharge Fresh Face Artistry and its principals, partners, affiliates, directors, officers, members, employees, representatives, contractors, and agents of and from any and all manner of claims, suits, legal actions, demands, liabilities, expenses, obligations and damages of any nature or kind whatsoever, whether known or unknown, whether in law or in equity, which You may now have, or at any time hereafter can, will, or may have, for any reason, relating to or arising out of this Agreement or the Services. This clause will continue in full force and effect after the termination of this Agreement and is binding upon the parties’ respective personal representatives, successors and assigns.
c) Fresh Face Artistry will require a liability and photo release form to be signed by all other members of Your party, and reserves the right to refuse the Services to any member of Your party who refuses to sign same, in which You will not be entitled to any discount or refund. Fresh Face Artistry will provide the release forms for other members of Your party 7-10 days prior to the Event, and must be signed and returned to Fresh Face Artistry by each individual prior to that individual’s makeup application.
Severability: If any term of this Agreement is found to be null and void for any reason it will be severable, and the remaining terms of this Agreement will continue in full force and effect.
Entire Agreement: This Agreement, including any related schedules, addendums, or other attachments, constitutes the entire agreement between the parties and any changes hereto must be set out in writing.
Counterparts: This Agreement may be signed in counterparts, and electronic signatures will have the same force and effect as original signatures.
Effective Date: This Agreement is effective once signed by both parties and terminates once the Services have been completed or the Agreement has been cancelled as set out herein.
Jurisdiction: This Agreement will be governed by the laws of British Columbia.
I hereby agree to the above terms and conditions:
