This Professional Hair and Makeup Services Agreement by and between MG Hair and Makeup, (the “Company”), and you or the persons or entity you represent (the “Client”). The Client agrees to the terms of this agreement by requesting services to be performed by the Company.
In consideration of the mutual covenants herein contained and other good and valuable consideration, the parties hereto agree as follows:
1. Scope of Work. The Client engages the Company to furnish the work chosen in the online forms submitted at the time of appointment request.
2. Payment. The Client agrees to pay the Company in accordance with the payment terms set forth (the “Payments”), and the Company agrees to accept such amounts as full payment for the services. Additionally all applicable taxes and fees must be completed prior to the start of the appointment and failure to complete these forfeits the services reservation and prior payment.
3. Enforcement. This Agreement is binding on the heirs, personal representatives, successors and assigns of both parties, and shall be interpreted in accordance with New York law. All representations, indemnities and warranties contained in this Agreement shall survive the completion of the transaction contemplated herein. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any revision of this Agreement, the successful prevailing party or parties shall be entitled to recover all attorney’s fees and all other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.
4. Notices. All notices, requests, demands and other communications under this Agreement shall be in writing, shall be deemed to have been duly given on the second day after mailing if mailed to the parties to whom notice is given, by first class mail, postage prepaid, and properly addressed as per the above Client address and the below Company address. Any party may change the address for the purpose of this paragraph by giving the other written notice of the new address in the manner set forth above.
5. Entire Agreement. This Agreement sets forth the entire agreement between the Company and Client and there are no undertakings, covenants or commitments other than as set forth herein. This Agreement may not be altered or amended, except by a writing executed by the party against whom such alteration or amendment is to be enforced.
6. Choice of Law. This Agreement, and all suits and special proceedings under it, shall be construed in accordance with, and under, and pursuant to the laws of New York, and in any action, special proceeding, or any other proceeding that may be brought or rising out of, in connection with, or by reason of this Agreement, the laws of New York shall be applicable and shall govern to the exclusion of the laws of any other forum, without regard to the jurisdiction in which any such actions or special proceeding may be instituted. The Company and Client agree that it is a material part of the bargain that New York Law govern all disputes.
7. Choice of Forum. Any action at law, suit in equity and judicial proceeding arising directly, indirectly or otherwise in connection with, out of, related to or from this Agreement, or from the business relationship evidenced by this Agreement, shall be litigated only in the courts in the State of New York, County of New York. Parties hereto waive any right that they may have to transfer or change the venue of any litigation resulting hereunder.
8. Release. Client warrants that Client has fully disclosed all allergies and, in consideration of the services to be rendered to Client by Company, the Client hereby waives any claim or cause of action that may arise out of the provision of the Services. Company is not responsible for any of the injuries that may be sustained as a result of the provision of the Services.
9. Limitation of Liability. The parties to this Agreement specifically agree that, because any damages arising from or related to the provision of the Services under this Contract can not be readily ascertained by any pecuniary standard, the damages shall be limited to an amount equal to the Payments made pursuant to this Agreement. Under no circumstances shall either party be liable to the other party or any other person or entity special damages, incidental damages, consequential damages, or exemplary or punitive damages.
10. Cancellations and refunds. Cancellation of services must be made at least 24 hours prior to the appointment time. Notice of cancellation within 24 hours of the appointment or if Client is unable to be reached or ready within 20 minutes after the appointment, Client forfeits the services payment made. There are no refunds for completed services under any circumstances. Refund requests made within 24 hours of service payment or more than 30 days prior to the appointment scheduled will be eligible for partial refunds if requested.
11. Termination. This agreement may be terminated by Client with thirty days written notice. The Company may terminate this agreement if Client fails to pay for services at the specified time, or in the event of Client’s insolvency or filing for bankruptcy, or if the Company deems that its prospect of payment is impaired.
MG Hair and Makeup
132 East 43rd Street, #141
New York, NY 10017
Last revised 07/17/15