Terms & Conditions 

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“We” are:

Sara Bartlett trading as Sara Bartlett Makeup Artist

(“MUA”)

“You” are:

The customer or customers that received the proposal (where more than one person, they shall be jointly and severally liable).

(“Client”)

 

Definitions

 

In this agreement:

“Assignment”            means the project of work, goods and Services set out in the proposal.

“Deposit”                   means the advance payment to secure the date and to allow the MUA to commence work on the Assignment and is described in clause 2.2.

“Event”                      means the event where the Assignment is to be delivered by the MUA.

“Fees”                        means money paid or owed to the MUA by the Client for the Assignment.

“Services”                  means the Services provided by the MUA as part of the Assignment.

“Terms”                     means these Terms and Conditions.

 

Price and payment

 

2.1.    Price for the Assignment is set out in the proposal. There is no VAT.

2.1.1  Prices charged are per person, and any additional Services or for additional family or friends added to the Assignment shall attract further Fees.

2.1.2  The price includes advice and guidance about skincare and makeup products, advice on application and use and the delivery of makeup Services, and all ancillary Services to complete the Assignment.

2.1.3  The price excludes any expenses that will be incurred by the MUA, unless otherwise agreed in writing by the parties. The price also excludes any travel expenses to the Event which is charged at 50p per mile from the MUA’s base and return.

2.2.    A Deposit of £50.00 shall be paid upon entering this agreement. The Deposit is to secure the date for the delivery of the Assignment and the preparation time required to deliver the Assignment. The MUA’s invoice for the Deposit will follow – please refer carefully to Clause 3. If the Deposit has not been received within a 48 hour time period, the MUA reserves the right to release the date. 

2.3     The price and the Deposit and any expenses shall be the Fees of the MUA. The Client shall pay the MUA the balance of the Fees at the latest 14 days before the Event and all Fees shall be paid in advance in full.

2.4     The booking is not secure until the MUA has received the Deposit in full, and the Client has read and understood these terms & conditions.

 

Cancellation of agreement and the Deposit

 

3.1.    Once the Deposit has been paid, the Assignment can be cancelled by either party in writing or by email subject to the matters set out in this clause.

3.2     If the MUA cancels the Assignment, the Fees paid at the time of cancellation will be repaid to the Client within 14 days of cancellation and no further sum or compensation will be payable to the Client by the MUA arising from such cancellation.

3.3     Client cancellation

         3.3.1  If the Client cancels the Assignment within 14 days of entering into this agreement, then the Deposit shall be repaid to the Client in full.

3.3.2 If the Client seeks to cancel this Assignment more than 14 days after entering this agreement and more than 14 days before the Event then the Deposit shall be forfeited, any expenses incurred as at the date of cancellation must be paid by the Client, and those paid shall also be non-refundable. No further sums will be due from the Client to the MUA.

3.3.3  If the Client cancels this Assignment within 14 days or less of the Event, then the Fees including any expenses incurred as at the date of cancellation, less any Fees paid already, shall be due to the MUA.

 

The Assignment

 

4.1     The MUA reserves the right to use images of her work during the Assignment for marketing, promotional, competition and editorial purposes. If you do not wish to give consent to this use of the work or your image, then you must confirm this in writing in advance of the Event.

4.2     Trial sessions last approximately 1-3 hours and are recommended to be undertaken at least 2 months before the Event.

4.3     Date changes to the Event must be submitted in writing and the new date is subject to availability. If the new date cannot be accommodated by the MUA, this will constitute a cancellation and clause 3 will apply.

4.4     Final numbers receiving the Services at the Event must be received in writing from the Client by the MUA at least 14 days before the Event. If numbers subsequently increase, the MUA reserves the right to increase their price accordingly. If numbers subsequently decrease, there will be no discount and the price shall be charged in full.

4.5     The MUA reserves the right to refuse Services to the Client, or any connected person, if they show symptoms of any infectious condition, or use, or threaten, abusive or inappropriate behaviour.

4.6    In the interest of health and safety, the following contraindications will prevent or restrict any Client's makeup application; eye infections; conjunctivitis, viral infections; cold sores/facial herpes, open/weeping wounds, or sores, fungal infections; ringworm, warts, cystic acne, severe sunburn or first degree burns, burns from facial waxing, eczema, psoriasis, scabies, or impetigo, prior reaction, bruising, open cuts and flu like symptoms or a temperature.

4.7     The MUA reserves the right to use the additional services and assistance of other MUAs if it is necessary to deliver the Assignment.

4.8     Should the MUA need to relocate to a new location during the Event, the Client will be charged for the additional mileage at 50p per mile.

 

Allergies

 

5.1     The MUA will not be held responsible for any allergies or reactions caused by our work.

5.2     It is the Client’s responsibility to inform the MUA in writing of any sensitivities/allergies/intolerances for all of those having their makeup done, at the time of booking, during the trial, or at the latest 14 days before the Event. The MUA cannot accept any liability for allergies or reactions where they have not been advised of such risks.

 

General Conditions

 

6.1     Verbal or email instructions by the Client to proceed will constitute an acceptance in full of the Terms.

6.2     The Fees will be paid after invoices rendered from time to time. No VAT is applicable. Payment is not deemed to have been made until the Fees have been paid in full. If payment is not made in full and within time the Services may be suspended.

6.3     Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services or making proper use of the Services. Each party recognises and accepts its obligations with regard to the control and the processing of personal data under the current data protection legislation and regulations. For more information on this, please see the Privacy Notice on www.sarabartlettmua.co.uk

6.4     The MUA will use reasonable care and skill in performing the Services.

6.5     The MUA's liability in respect of any loss of goodwill, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be NIL.

6.6     In respect of any other direct losses (in Contract or Tort) the total liability of the MUA will not exceed the return of all Fees received, and thus the limit of liability shall not exceed the value of the Services provided.

6.7     Nothing in the Terms will exclude or limit liability for death or serious injury caused by the MUA's negligence.

6.8     The Services may be terminated if payment of the Fees is not made in accordance with the Terms, or if the Client commits a material breach of any of the Terms and fails to remedy the breach within 14 days of being notified in writing, or if the Client enters into any form of insolvency arrangement. Upon termination the Client shall immediately pay any outstanding sums to the MUA.

6.9     If the MUA is limited or hindered from providing Services booked by the Client due to circumstances beyond its control eg. government intervention, Acts of God, civil disturbance, war, national or local disaster, strikes, labour disputes, then the liability of the MUA to the Client shall not exceed the amount paid by the Client for the Services. The Deposit shall be non-refundable, (being an approximation of the value of Services already rendered) and the MUA shall (where the value of the Services already delivered to the Client is greater than the value of the Deposit) be entitled to be paid additionally for all Services delivered to the Client up to that point. The MUA shall not be liable for any additional losses incurred by the Client in such circumstances.

6.10   Nothing in the Terms are intended to create a partnership or joint venture between the MUA and the Client, and no party has the right to act as agent for the other or to bind the other party in any way.

6.11   The Terms and any dispute arising from them shall be governed by the laws of England and Wales.

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