Stylist-Client Agreement

MICHELLE GLASS STYLING LLC STYLIST-CLIENT AGREEMENT

This Stylist-Client Agreement (the “Agreement”) is entered into as of [Date] (the “Effective Date”) between:

• Stylist: XXX Styling LLC, represented by XXX Glass, whose address and place of business is located at [Stylist Address] [Stylist Email] [Stylist Phone]
• Client: [Client Name] [Client Address] [Client Email] [Client Phone]

In consideration of the mutual covenants and agreements set forth herein, the Stylist and Client agree as follows:

1. Confidence, Mindset, and Life Coaching:
   • The Client acknowledges that as part of the styling process, Confidence, Mindset, and Life Coaching services are also offered. However, the Client understands and acknowledges that the Stylist providing these services is certified in Confidence, Mindset, and Life Coaching but is not a licensed therapist. It is important to note that the coaching services provided by the Stylist are not intended to substitute or replace therapy or counseling services.
2. Services:
   • The specific services to be provided under this Agreement shall be agreed upon by both parties in writing. The agreed-upon services will be detailed in the attached Proposal or any subsequent written agreement between the Stylist and the Client.
   • In order to understand and clarify the services and relationship, Client and Stylist acknowledge and agree that:
     • During the initial session, Stylist and the Client shall discuss Client’s vision, styling goals, preferences, and specific requirements.
     • Styling is a relationship which is designed and defined by the Client with the Stylist’s agreement, and which is based on the Client’s expressed interests, goals, and objectives.
     • Stylist uses discussion, questions, and requests to assist the Client as the Client identifies personal and/or business goals, develops strategies and action plans intended to achieve such goals, and monitors progress towards implementation of the action plans, all in relation to styling.
     • Stylist does not provide counseling, therapy, advice, answers, or direction to the Client. If issues arise that are best dealt with in another context, the Stylist will refer the Client to an appropriate professional. The Client will notify the Stylist of any difficulties or needs that warrant additional professional services.
     • The Client is responsible for his/her own achievements and success, and the Stylist cannot and does not promise that the Client will take any specific action or attain specific goals. STYLIST MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET ALL OF CLIENT’S OR ANY OTHER PERSON’S PURPOSES OR NEEDS, OR ACHIEVE ANY INTENDED RESULT.

3. Fees and Payment:
   • The Client agrees to pay and has paid the Stylist a fee at the agreed rate for their work and has signed up for the [Package Name] Client agrees to pay styling fees with the following payment options: check, cash, and/or credit card (Amex, Visa, Mastercard, Discover).
     • Assessment Fees and Package services are payable at the time of contract signing.
     • Client agrees to pay subsequent styling fees (if a payment plan has been chosen) upon receipt of an invoice for cash and/or check payment methods in advance of sessions.
     • Client agrees that styling fees in arrears of 30 days or more are authorized for credit card payment processing.
     • Client agrees that any fees not paid timely (within 60 days of the invoice) are subject to an interest charge of 10% per annum.
     • Client is responsible for paying all taxes associated with the styling services under these Term.
     • Stylist and Client will agree on a standard time for sessions. Once this time is established, it will be reserved. If the Client needs to cancel an appointment, at least a 24-hour notice shall be provided, or the Client may be charged for the appointment.
   • This agreement will begin with an initial [insert timeframe] term and may continue thereafter if the Client chooses to extend it with an additional package.
4. Refunds and Exchanges
   • Refunds:
     • The Client understands and agrees that fees paid for styling services are non-refundable. The Stylist will provide the agreed-upon services to the best of their abilities, and the Client acknowledges that the outcome may vary based on personal factors and choices.
   • Exchanges:
     • The Stylist will only handle product exchanges if it is specifically included in the longer-term package chosen by the Client. Please refer to the package details for information on whether product exchanges are applicable.

5. Confidentiality:
   • The Stylist and the Client agree to keep all information shared during the course of the Services confidential. This includes, but is not limited to, personal information, styling preferences, wardrobe details, and any other proprietary or sensitive information disclosed by either party. The parties shall not disclose such information to any third parties without the prior written consent of the other party, except as required by law.
6. Ownership:
   • Client acknowledges and agrees that XXX Glass Styling LLC (referred to as “Stylist”) owns and retains all rights, title, and interest in and to any trade names, trademarks, trade dress, patents, copyrights, know-hows, manuals, instructions, creative and design works, creative and design elements, illustrations, presentation materials, domain names, product names, catalogs, presentations, styling guides, styling materials, styling instructions, brochures, or any other intellectual property rights or other proprietary rights (“IP”) associated with the services provided. All IP rights are reserved by Stylist or any IP owned by manufacturers and/or suppliers.
   • Client further acknowledges that unless otherwise agreed in writing with the appropriate owner of any IP, they shall have no right to copy, reproduce, modify, publish, upload, transmit, distribute, create derivatives of, or otherwise use any IP of Stylist or any manufacturers and/or suppliers without the permission of Stylist or other third parties, in whole or in part. Client understands that any unauthorized use or misuse of such IP would result in irreparable injury for which monetary damages would be inadequate.
   • In the event of any unauthorized use or misuse of the IP, Client acknowledges that Stylist or the applicable intellectual property owner has the right, in addition to other remedies available at law and in equity, to seek immediate injunctive relief to prevent any such unauthorized use. The terms contained herein do not convey any license or other use rights to the Client, and all rights not expressly granted under this Agreement are reserved by Stylist. Client understands and agrees to abide by these intellectual property rights and acknowledges that any violation of these rights may result in legal consequences.
7. Termination:
   • The Client acknowledges that they may not terminate the agreement. However, the Stylist reserves the right to terminate the contract for any reason provided that:
     • The Stylist reserves the right to terminate the contract if the Client-Stylist relationship becomes unhealthy or if the Client engages in disrespectful behavior or poses a threat to the well-being of the Stylist.
     • In the event of termination by the Stylist for the reasons stated in section 8.1.1, the Stylist agrees to refund a prorated portion of the package fee or cancel any future payments, as applicable.
     • The Stylist may terminate this Agreement if they have a personal emergency or extenuating circumstances arise that prevent them from fulfilling the contractual obligations.

8. Damage Limitation and Liquidated Damages
   • The Stylist and the Client acknowledge and agree to the following terms regarding liability and damages:
     • The Stylist is not a guarantor or insurer, and the fees charged under these Terms would be higher if the Stylist assumed such responsibilities. The Client understands that it would be challenging to determine the actual damages resulting from a failure to perform the services.
     • The Stylist’s liability for any claims, damages, or losses arising from the services provided is limited to either the total amount of payments made by the Client to the Stylist or the fees paid by the Client to the Stylist during the last six months, whichever amount is less. This limitation applies except in cases of willful misconduct.
     • The Stylist shall not be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages, or for any loss of use, data, business, revenues, or profits, whether direct or indirect. This limitation of liability applies even if the possibility of such damages has been advised or if they are foreseeable.
     • The Client acknowledges that the limitations of liability stated in this clause are reasonable and necessary considering the nature of the services and associated fees. The Client agrees that these limitations shall apply to all claims, actions, or causes of action, including those based on contract, tort (including negligence), strict liability, or any other legal theory, arising from or related to the provided services.
     • The Client acknowledges their responsibility to obtain appropriate insurance coverage for any potential losses or damages to their personal belongings, including clothing items and accessories

9. Dispute Resolution and Governing Law:
   • Any disputes, claims, or controversies between the Client and Stylist arising from or relating to the Client’s purchase of services from the Stylist, including any contractual, tortious, or other legal claims, may be resolved exclusively and finally by binding arbitration. The arbitration shall take place in accordance with the Rules of Arbitration of the American Arbitration Association, applying South Carolina law, by a single arbitrator appointed in accordance with said Rules. The language of the arbitration shall be English.
   • This Agreement shall be governed by and construed in accordance with the laws of the State of South XXX Any legal actions or proceedings arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in South Carolina.
10. Attorney’s Fees:
    • In the event of any dispute, litigation or arbitration between the parties, the non-prevailing party shall pay to the prevailing party therein all costs and expenses, expressly including, but not limited to, reasonable attorney’s fees and costs incurred therein by such successful party
11. Entire Agreement:
    • This Agreement constitutes the entire understanding between the Stylist and the Client with respect to the subject matter hereof and supersedes all prior agreements, understandings, or representations, whether written or oral.

By signing below, the parties acknowledge that they have read, understood, and agreed to be bound by the terms and conditions of this Stylist-Client Agreement.

Stylist:

XXX Glass Styling LLC

/s/ ______________________________

[Date]

Client:

[Client Name]

/s/ ______________________________

[Date]

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