SERVICE AGREEMENT

__________________________

SERVICE AGREEMENT

__________________________

BETWEEN

1. ________________EVA SVOBODOVA MAKEUP ARTIST__________________

 (THE “SERVICE PROVIDER”)

AND

2. ___________________________________________________________________

(THE “CLIENT(S)”)

THIS AGREEMENT is made on the ____day of ________________20__, (“Effective date”) and is entered into between Eva Svobodova Makeup Artist (The Service Provider) whose Principal address for the purpose of this agreement shall be P.O Box 304-2228 Franklin street Vancouver,BC and _______________________ (The Client) whose Principal address for the purpose of this agreement shall be P.O Box ______________________________.

The Service Provider and The Client shall collectively be referred to as the “Parties,” or individually as the “Party,” and this shall include that Party’s successors and assigns.

In consideration of covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged, Parties agree to the following terms and conditions and to be bound thereby:

1. 1.    COMMENCEMENT AND DURATION

This Agreement shall remain in force from the Effective date mentioned above until its termination in accordance with the provisions set forth herein.

• SERVICES

The Service Provider shall provide the Client with bridal makeup and hair styling services along with any other incidental services that may be necessary. The Parties are in Agreement that the provision of these services shall extend to the bridal party, and any other individuals as the Client (s) may direct. These Services shall be provided at the contract sum defined below.

• EVENT DETAILS

3.1. The Client is hiring the Service Provider to provide bridal makeup and hair styling services and related services for the following event ___________________________.

3.2. The event will occur on the __________ (date) at _______________ (location) and the Client is paying for the Service Provider’s services from ____am to ____ pm.

3.3. The Service Provider has been paid to provide bridal makeup and hairstyling services for _____ people (number).

• FEES AND EXPENSES

4.1. For the services rendered, the Client (s) shall pay the Service Provider the total sum of _____________CAD $ which shall be exclusive of:

1. Any expenses incurred by the Service Provider;
2. Any extra hours worked beyond those provided for in this Contract.
3. Any extra work assigned beyond that provided for in this Contract.

4.2. The amount of ____________CAD$ shall be calculated as follows:

1. A 50% non-refundable deposit on the Effective date in the sums of ________ CAD $.
2. The balance of __________ CAD$ to have been paid in full by ____________.

4.3. The Client will be charged a further extra fee for any additional hours worked beyond the stipulated contractual hours at the rate of ______ CAD$ per hour.

4.4. The Client will be charged a further extra fee for any additional work assigned beyond the stipulated contractual duties at the rate of ______ CAD$ per head.

4.4. The Client will be charged a further fee of 0.59 CAD$ for travel expenses outside the Vancouver area.

4.5. All sums payable shall be paid either in cash or by e-transfer.

4.6. The Client is solely responsible for all costs and/or deposits relating to the use of the venue and for obtaining any necessary permissions, authorizations, or other requirements of Service Provider providing services at the venue(s).

• RATES/QUOTES

5.1. Rates/quotes will only be valid for 2 weeks from the date of inquiry, after which the Service Provider will have the sole liberty to vary the said rates as they deem fit if no agreement will have been entered into and deposits paid at the lapse of the 2 weeks.

5.2. The aforementioned variation of rates/quotes will under no circumstances be deemed to be a breach of contract.

• INDEPENDENT CONTRACTOR

5.1. The Service Provider is an independent contractor and shall have sole and exclusive control over the way they, their employees and agents perform the services to be provided under this Agreement.

5.2. The Service Provider shall have the right to engage and employ such individuals and agents as may be necessary in connection with the services to be provided under this Agreement, provided that such individuals and agents shall be subject to control, contractual or otherwise, solely and exclusively by the Service Provider.

• INDEMNIFICATION

5.1. The Client(s) will indemnify and hold harmless the Service Provider for any damage, theft, or loss of Service Provider’s property occurring at the event caused by any of the Client’s guests.

5.2. The Client(s) shall indemnify and hold harmless the Service Provider from and against all claims and suits arising out of this Agreement, including court costs and attorney fees in connection with this Agreement.

• LIABILITY CLAUSE

8.1. The Client hereby acknowledges and agrees that the Service Provider shall have no liability whatsoever in contract, tort (including negligence), or otherwise for any hair and/or skin damage or condition or any allergies and sensitivities (whether reasonably foreseeable or not) by the Client or any third party in relation to this Agreement who received the Service Provider’s services in accordance to the Client (s) instructions.

8.2. The Client acknowledges that they are aware of the risks involved in the provision of the services by the Service Provider, and they knowingly accept the risks involved and undertake not to place liability upon the Service Provider in case of any complications.

8.3. The Client(s) and any third parties receiving the Service Provider’s services in accordance with this Agreement undertake to disclose any allergies and sensitivities they may have prior and in adequate time before receiving the said services.

• CANCELLATION, RESCHEDULING, AND NO SHOWS

6.1. If the Client desires to cancel Services, reschedule Services, or it becomes impossible for the Service Provider to render services due to the fault of the Client or parties related to the Client, the Client shall be under an obligation to give the Service Provider a notice to that effect without any undue delay.

6.2. If as a result of the aforementioned cancellation, rescheduling, impossibility to render services due to fault of the Client or parties related to the Client, the Client shall automatically forfeit any deposits paid to the Service provider.

6.3. The Client will also be under an obligation to complete payment of any pending sums under the Agreement in the event of cancellation less than 30 days prior to the reserved date.  

6.4. If the Client is able to secure another, unrelated Client for that day, the Service Provider may choose, at their sole discretion, to excuse all or a portion of Client’s outstanding balance of the total cost.

6.5. The Service Provider shall be under no obligation in any circumstances to re-book further Services of the Client to fill the void created by the cancellation, rescheduling, impossibility to render services due to fault of the Client or parties related to the Client.

6.6. In case the Service Provider cancels this Agreement with no fault of the Client, they shall give immediate notice to the Client to the same effect. They shall also issue a refund or credit based on a reasonably accurate percentage of services rendered. The Client, in this case, shall also be discharged of any further obligations under this Agreement.

1. INTELLECTUAL PROPERTY

All intellectual property belonging to the Service Provider shall be the Service Provider’s exclusive property. Any use of the same shall only be with the written authority of the Service Provider.

1. MODEL RELEASE CLAUSE

11.1. The Client(s) hereby grants to the Service Provider and his/her legal representatives, heirs, and assigns the irrevocable and unrestricted right to use and publish photographs of Client, Client’s likeness and photographs and likeness of all persons involved in the event, for marketing, advertising, portfolio, website, and other purposes, in any manner and to alter the same without restriction.

11.2. The Client’s guests at the wedding shall be deemed to have consented to the use of their name, image, or likeness by the Service Provider for the duration of the Assignment. The Client shall defend and indemnify the Service Provider from and against any claims that any of Client’s guests may assert against the Service Provider arising from,  or related to, the use of any name, image, or likeness of Client’s guest[s] by the Service Provider during the Assignment.

11.3. The Service Provider will email Client (s) to request these photos and will also reach out to Photographer.

1. NON-ASSIGNMENT

Neither Party shall transfer or assign this Agreement without the other Part’s consent

which consent shall not be unreasonably withheld or delayed.

1. FORCE MAJEURE

10.1. For this Agreement, “Force Majeure” means an event which a diligent party could not have reasonably avoided in the circumstances, which is beyond the control of a party and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by government agencies.

10.2. A Party’s failure to fulfill its obligations due to Force Majeure shall not be considered a breach of this Agreement, provided that the Party has taken all reasonable precautions, due care, reasonable alternative measures, and minimal delay all to carry out the terms of this Agreement.

10.3. The Party claiming Force Majeure shall notify the other Party within 1 day of when it learns of the existence of such a condition and shall similarly notify the other Party within a period of 4 working days after the condition is remedied.

1. COVID 19 REGULATIONS COMPLIANCE

10.1. The Service Provider and their staff will wear a face mask and ensure thorough sanitization of hands and tools during the event.

1. DISPUTE RESOLUTION

Parties agree to settle disputes herein through one of the following: (select one)

☐Negotiation                           ☐Mediation                                 ☐Arbitration                       ☐Litigation

1. TERMINATION

10.1. All termination of this Agreement shall be done in accordance with Section 9, and nothing in this section shall be deemed to supersede the provisions of Section 9.

10.2. Either Party may terminate this Agreement upon giving the other Party no less than 7 days’ notice in writing.

10.3.This Agreement will automatically terminate upon completion of the services.

10.4. The termination of this Agreement shall not discharge the pending liabilities accumulated by either Party.

10.5. Any Clauses intended by the Parties or this Agreement to survive the termination of this Agreement shall survive the termination of this Agreement by whatever cause.

1. changes to the agreement

Either Party may request changes to the Agreement, but they will only be effective if agreed upon in writing and signed by all Parties. If any ambiguity is found in the Agreement or various documents forming this Agreement, the Parties shall issue any necessary clarification or instruction.

1. CONFIDENTIALITY

All non-public, confidential information of the Parties disclosed in connection with this Agreement is confidential, solely for the use of performing this Agreement, and may not be disclosed or copied unless authorized in law or in advance by the Party in writing.

1. NO WAIVER

Failure by either Party to enforce any of the terms or conditions of this Agreement shall not be a waiver of their right to enforce the terms and conditions of this Agreement.

• SEVERABILITY

The provisions of this Agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.

• COUNTERPARTS

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one instrument.

• ENTIRE AGREEMENT

This Agreement constitutes the entire Agreement between the Parties. It supersedes all prior oral or written agreements or understandings between the Parties concerning the subject matter of this Agreement. All documents annexed to this Agreement shall be subject to the terms under this Agreement, provided that the Parties append their signatures on the documents. The Parties will exercise utmost good faith in this Agreement.

• headings

The article and section headings in this Agreement are for convenience; they form no part of this Agreement and shall not affect its interpretation.

• PRONOUNS

All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular, or plural, as the identity of the person or entity may require. As used in this Agreement: words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, and words in the singular shall mean and include the plural and vice versa.

• NOTICES

Any notice required to be given pursuant to the provisions of this Agreement shall be in writing and shall be deemed to have been given at the time when actually received as a consequence of any effective method of delivery at the address stated herein or at such changed address as the Party shall have specified by written notice, provided that any notice of change of address shall be effective only upon actual receipt.

• CLIENT ACKNOWLEDGEMENTS

The Client (s) acknowledges that they have been provided with the opportunity to negotiate this Agreement and to seek legal counsel before signing this Agreement.

In addition, the Client acknowledges that the restrictions imposed are fair, reasonable, and necessary to protect the Service Provider’s legitimate business interests and will not place an undue burden upon their livelihood in the event of enforcement of the restrictions.

The Client (s) also acknowledges that they have entered into this Agreement with the capacity and authority to contract freely and voluntarily.

• GOVERNING LAW

26.1. This Agreement shall be governed in all respects by the laws of British Columbia, Canada, without regard to its conflicts of law provisions.

26.2 Any disputes arising out of this Agreement shall be dealt with by the Courts of Canada

•  GENERAL PROVISIONS

The Client agrees not to use their phone while getting their makeup done as the same will interfere with the Service Provider’s ability to undertake their work effectively.

IN WITNESS WHEREOF, each of the Parties has executed this Agreement, as of the day and year set forth below.

Signed by the SERVICE PROVIDER   Signature: ……………………………………………..   Name: …………………………………………………..   Designation: …………………………………………..   Date:………………………………………

Signed by the CLIENT(S)     Signature : …………………………………………….   Name: …………………………………………………..   Date:…………………………………………….……     Signature : …………………………………………….   Name: …………………………………………………..   Date:…………………………………………….……