AGREEMENT FOR THE PROVISION OF FASHION STYLING SERVICES BY
PRETTY ON PURPOSE FASHION AND MAKE-UP
This FASHION STYLING SERVICES Agreement ("Agreement"), dated as of the [insert
date], is made by and between PRETTY ON PURPOSE FASHION AND MAKE-UP
whose address/contacts are www.prettieonpurpose.com; Ig: theeprettyonpurpose;
phone: XXX ("Artist" “Stylist”), and [INSERT NAME OF THE CLIENT]. ("Client”
“You”). If you would like to add makeup services: Please see stylist for that package
option
1. Scope of Work. Thank you for entrusting PRETTY ON PURPOSE FASHION AND
MAKE-UP and using our services. You agree that all garments and items rented
under this agreement are to be returned together in the condition in which they were
received by close of business three days after use/event. Client will plan to
return/drop off all garments/items and will communicate/confirm times with Pretty on
Purpose so that we’re available to receive. If you aren’t able to keep with agreed drop
off time, client will give an hour advanced notice, so that a courtesy arrangement can
be made. However, if garments/items aren’t returned on set day, a $50 per day
late/holdover fee will incur starting on the day of return unless you were given a
courtesy. Travel expense will incur and be paid directly to Pretty on Purpose prior to
pick up if items have to be picked up. Pickup expense will be determined by distance
and time, can vary but will start at $30 for first 15 miles, after client will be charged $1
per each additional mile. Client is responsible for any lost or damage to garments or
items while in their possession (will give an itemized description of charges should
this happen). Client acknowledges that there is no damage to garments or items and
agrees to pay for any loss or damage to garments and items caused while in their
possession. If you agree to and accept these terms, you may submit payment and
take garments/items
2. Term. This Agreement shall commence from the date this Agreement is signed by
both parties and shall continue until the scope of work defined in the Description of
Services is completed (such period, as it may be extended or sooner terminated in
accordance with the provisions of Section 4, being referred to as the ("Service
Period").
3. Payment. For the services to be performed by the Stylist, the Stylist shall charge as
according to the schedule hereinbelow:
i. A 30-minute consultation will be free;
ii. The parties agree that if the consultation goes over the 30 minutes in (i)
above, she shall charge $15-$20 for an additional 30 mins; therefore, it’s 1hr
max.
iii. The Stylist will need a minimum of 7 days’ notice.
iv. Consultation must be done within the first Two (2) days and fitting within the
next Two (2) days after consultation.
v. Fittings are charged at $60 an hour, for a maximum Two (2) hrs.
vi. If it is a last-minute appointment, between 2 – 4 days’ notice, Stylist will charge
a fee of $120 for 1 1/2hrs maximum, that includes same or next day
consultation and fitting.
Furthermore, the following shall be charges for renting outfits shall apply:
i. Fitting and renting One (1) outfit with accessories shall cost $150 (shoes
additional)
ii. Fitting and renting Two (2) outfits – $280
iii. Fitting and renting Three (3) outfits – $380.
iv. On-set styling $60 per hr.
The parties agree that the following charges with regards to Pick up and Drop of
regarding the outfits shall also apply:
i. Drop off fee – $50 for a distance of 25 miles or less from the Stylist’s Place
of business.
ii. Pick-up fee – $50 for a distance of 25 miles or less from the Stylist’s Place
of business.
iii. For On- set styling, the Client shall be required to pay the Stylist’s travel
costs which is $50 for a distance of 25 miles or less from the Stylist’s Place
of business. The parties agree that anything over and above the 25mile
radius will be $1 per mile, up to an additional 25 miles. The parties can then
discuss the fee for distance over 50 miles.
The client understands that upon renting any outfits from the Stylist, they are
required NOT TO CLEAN GARMENTS OR ITEMS RENTED, AND SHOULD BE
RETURN AS IS.
4. Termination. This Agreement may be terminated prior to the end of the Service
Period in the following manner:
a. by either the Stylist or the Client upon not less than (1) days prior written
notice to the other party;
b. by the non-breaching party, upon twenty-four (24) hours prior written notice to
the breaching party if one party has materially breached this Agreement; or
c. at any time upon the mutual written consent of the parties hereto.
In the event of termination, the Stylist shall be entitled to payments for services
performed that have not been previously paid and, for expenses paid or incurred prior
to the effective date of termination that have not been previously paid. Such payment
shall constitute full settlement of any and all claims of the Stylist of every description
against the Client.
5. Cooperation. The Stylist shall use Stylist’s best efforts in the performance of Stylist’s
obligations under this Agreement. The Client shall provide such access to its
information and property as may be reasonably required in order to permit the Stylist
to perform Stylist’s obligations hereunder. The Stylist shall cooperate with the
Client’s personnel, shall not interfere with the conduct of the Client’s business and
shall observe all rules, regulations and security requirements of the Client
concerning the safety of persons and property.
6. Confidentiality. The parties to this Agreement agree that each shall treat as
confidential all information provided by a party to the other regarding such party’s
business and operations. All confidential information provided by a party hereto shall be
used by other party hereto solely for the purposes of rendering services pursuant to this
Agreement and, except as may be required in carrying out the terms of this Agreement,
shall not be disclosed to any third party without the prior consent of such providing
party. The foregoing shall not be applicable to any information that is publicly available
when provided or which thereafter becomes publicly available or which is required to be
disclosed by any regulatory authority in the lawful and appropriate exercise of its
jurisdiction over a party, any auditor of the parties hereto, by judicial or administrative
process or otherwise by applicable law or regulation.
7. Limitation of Liability. Notwithstanding anything to the contrary contained elsewhere
herein, neither party shall be liable to the other for any consequential, special,
incidental, indirect or punitive damages of any kind or character, including, but not
limited to, loss of use, loss of profit, loss of anticipated profit, loss of bargain, loss of
revenue or loss of product or production, however arising under this contract or as a
result of, relating to or in connection with the service and the parties’ performance of
the obligations hereunder, and no such claim shall be made by any party against the
other regardless of whether such claim is based or claimed to be based on negligence
(including sole, joint, active, passive, or concurrent negligence, but excluding gross
negligence), fault, breach of warranty, breach of agreement, breach of contract, statute,
strict liability or any other theory of liability.
8. Independent Contractor Status. The parties shall be deemed independent
contractors for all purposes hereunder. Accordingly:
v. The Stylist will use its own equipment, tools and materials to perform its
obligations hereunder.
vi. The Client will not control how the Service is performed and the Stylist will
determine how the Service will be provided.
vii. The Stylist will be solely responsible for all state and federal income taxes in
connection with this Agreement.
viii. This Agreement does not constitute an employment, partnership, joint venture or
agency between the parties hereto, nor shall either of the parties hold itself out as
such contrary to the terms hereof by advertising or otherwise nor shall either of the
parties become bound or become liable because of any representation, action or
omission of the other.
9. General.
a. Survival. Sections 4 through 8 shall survive the expiration or termination of this
Agreement.
b. Non-Solicitation. During the Service Period and for a period of [six (6) months]
thereafter, the Stylist shall not, either alone or in association with others, (a) solicit,
or permit any organization directly or indirectly controlled by the Stylist to solicit, any
employee of the Client to leave the employment of the Client, or (b) solicit or permit
any organization directly or indirectly controlled by the Stylist to solicit any person
who is engaged by the Client.
c. Use of Subcontractors. The Stylist may use trusted contractors to complete
components of the Stylist’s obligations hereunder, provided that the Stylist shall
remain solely responsible for such contractors’ performance, that the Client shall
have no obligation to such contractors and the use of such contractors shall not
cause any increase in fees, costs or expenses that would otherwise be payable
hereunder.
d. Entire Agreement. This Agreement (including the documents referred to herein)
constitutes the entire agreement between the Client and the Stylist and
supersedes any prior understandings, agreements or representations by the
parties, whether written or oral, with respect to the subject matter hereof.
e. Assignment. Neither party may assign or transfer this Agreement in whole or in
part, nor any of the rights hereunder, without prior written consent of the other
party.
f. Amendments. No amendment of any provision of this Agreement shall be valid
unless the same shall be in writing and signed by each party.
g. Severability. Any term or provision of this Agreement that is invalid or
unenforceable in any situation in any jurisdiction shall not affect the validity or
enforceability of the remaining terms and provisions hereof or the validity or
enforceability of the offending term or provision in any other situation or in any
other jurisdiction.
h. Force Majeure. Neither party will be liable for any failure or delay in its
performance under this Agreement due to any cause beyond its reasonable control,
including acts of war, acts of God, earthquake, flood, fire, embargo, riot, sabotage,
or failure of third party power or telecommunications networks, provided that the
delayed party: (a) gives the other party prompt notice of such cause and (b) uses
its reasonable commercial efforts to promptly correct such failure or delay in
performance.
i. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Georgia.
j. Dispute Resolution. Any dispute arising from this Agreement must first attempt to
be resolved by means of meaningful negotiation between the parties and thereafter
by means of Alternative Dispute Resolution.
k. Counterpart. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original but all of which together shall constitute one
and the same instrument. This Agreement may be executed by facsimile, digital or
electronic signature.
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