Bongiorno, Bella! Makeup & Hair by Phylicia SERVICE AGREEMENT
THIS GENERAL AGREEMENT (the "Agreement"):
BETWEEN:
1) - THE "CLIENT/CUSTOMER"
2) - PHYLICIA BONGIORNO KALIVODA AND BONGIORNO, BELLA! MAKEUP & HAIR BY PHYLICIA (Individually and collectively the "Independent Contractor").
Background:
Customer initially contacted Phylicia Bongiorno Kalivoda and Bongiorno, Bella! Makeup & Hair by Phylicia seeking the professional skillsets of Phylicia Bongiorno Kalivoda in the fields of makeup & hair application(s), and other miscellaneous skillsets in the beauty industry for a specific event in relation to high definition photography and film. Phylicia Bongiorno Kalivoda and Bongiorno, Bella! Makeup & Hair by Phylicia reserved the desired date and time of this specific event, upon a non-refundable $50 retainer paid by the customer and/or a scheduled trial run consultation between the Customer and Phylicia Bongiorno Kalivoda. Phylicia Bongiorno Kalivoda displayed her professional skillsets to determine style and application method through a trial run, per the requirements of the Customer in preparation for the specific event. $50 retainers are NOT deducted from the wedding total. $50 retainers are non refundable in the event the client needs to cancel wedding day reservations.
A trial hair and/or makeup run is available for packages that do not include one. This is a separate fee and is due when trial service is rendered. If you are more than 15 minutes late for your appointment, it may be cancelled and a late fee of $25 will be applied to the final bill. Please email/call at least one (1) day in advance to reschedule a trial makeup and/or hair run. This does not apply to Bridal Packages as they already include a trial run.
The Customer is of the opinion that the Independent Contractor has the necessary qualifications, experience and abilities to provide the skillsets desired to the Customer.
The Independent Contractor is agreeable to providing such skillsets to the Customer on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Customer and the Independent Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
The Customer hereby agrees to engage the Independent Contractor to provide the Customer with Professional Skillsets consisting of:
Provided By Independent Contractor:
Makeup / Hair application(s) on the day of the specific event – (Phylicia Bongiorno Kalivoda and Bongiorno, Bella! Makeup & Hair by Phylicia)
Event planning, customer service, scheduling & coordination of event makeup & hair - (Phylicia Bongiorno Kalivoda and Bongiorno, Bella! Makeup & Hair by Phylicia)
The Professional Skillsets will also include any other tasks that the Parties may agree on. The Independent Contractor hereby agrees to provide such Professional Skillsets to the Customer.
Provided By Customer:
Provide location address for the on location event, table space, chairs, lighting and an electric outlet.
Term of Agreement:
The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the work, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended by mutual written agreement of the Parties.
In the event that either Party wishes to terminate this Agreement, that Party will be required to provide written notice to the other Party a minimum of 60 days’ prior to the scheduled event. Customer will be responsible for paying 20% of the wedding total in the event that they cancel without a 60 day notice.
If Phylicia Bongiorno Kalivoda and Bongiorno, Bella! Makeup & Hair by Phylicia terminates at any time or is unable to perform her duties for any reason, the deposit paid will be fully refunded within two (2) weeks. Client agrees that the refund of 100% of the deposit is the only liability to Bongiorno, Bella! Makeup & Hair by Phylicia and Phylicia Bongiorno Kalivoda and any and all of its owners, employees, and agents.
Performance- Minimums:
The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Phylicia Bongiorno Kalivoda requires a 4 adult full application minimum for weekend events. Bride agrees to pay the minimum in the event that original counts decrease.
Currency:
All monetary amounts referred to in this Agreement are in USD (US Dollars). Cash, PayPal and Venmo are accepted forms of payment. Checks are not accepted for on location events.
Compensation:
For the Professional Skillsets rendered by the Independent Contractor as required by this Agreement, the Customer will provide compensation (the "Compensation") to the Independent Contractor. Payment is due on the day of the event/trial run.
The Compensation will be payable, while this Agreement is in force, according to the following payment terms:
The balance is due after completion and paid directly to Phylicia Bongiorno Kalivoda. Payment options can be discussed at the trial run.
Additional Compensation- Tips:
In addition to the Compensation, it is common practice to tip your artist for performing the Professional Skillsets:
TIPS: Please make sure to tip accordingly. Tips are not included in the application price.
The average tip is 15-20% per application.
Reimbursement of Expenses:
In connection with providing the Skillsets hereunder, the Independent Contractor will only be reimbursed for the following:
Where parking, valet or toll fees may be incurred due to the location of the specific event, all fees are to be reimbursed to the Independent Contractor by client.
All costs for travel to a booked event are to be paid by client. Costs may include, but are not limited to: airfare, hotel, transportation, parking, per diem, service incidentals and all taxes.
An hourly travel fee of $40/hour will be charged for locations outside of 10 mile radius of Phylicia Bongiorno Kalivoda's zip code of 15146. The amount will be determined at time of inquiry.
Phylicia will valet park at hotels for safety purposes.
Payment Penalties & Cancellation Policy:
In the event that a bridal party member is late to their scheduled appointment, $25 per bridal party member per artist will be added to the bride’s bill. Bride agrees to submit a 60 day written notice for all cancellations otherwise a 20% cancellation fee is due. This fee will be configured based on your count that you submit on your contact form.
Confidentiality:
Confidential information (the "Confidential Information") refers to any data or information relating to the Customer, whether business or personal, which would reasonably be considered to be private or proprietary to the Customer and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Customer.
The Independent Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Independent Contractor has obtained, except as authorized by the Customer. This obligation will survive indefinitely upon termination of this Agreement.
All written and oral information and material disclosed or provided by the Customer to the Independent Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Independent Contractor.
Capacity/Independent Contractor:
In providing the Skillsets under this Agreement it is expressly agreed that Phylicia Bongiorno Kalivoda and Bongiorno, Bella! Makeup & Hair by Phylicia are acting as an independent contractor and not as an employee. The Independent Contractor and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for the desired work/skillset the Independent Contractor is providing for the specific event.
Complaints:
In the event that you are not 100% satisfied with the services that you have received, we ask that you contact Phylicia Bongiorno Kalivoda and Bongiorno, Bella! Makeup & Hair by Phylicia directly to rectify the situation. Phylicia Bongiorno Kalivoda and Bongiorno, Bella! Makeup & Hair by Phylicia takes pride in providing each client with exceptional customer service and will address any situations involving a lack of satisfaction when contacted directly.
Client agrees not to publicly criticize Phylicia Bongiorno Kalivoda and Bongiorno, Bella! Makeup & Hair by Phylicia on social networks, public forums & blogs. This includes but is not limited to The Knot & Weddingwire wedding websites as well as Facebook and Instagram. Client agrees not to write negative reviews that could cause Phylicia Bongiorno Kalivoda and Bongiorno, Bella! Makeup & Hair by Phylicia financial loss. Failure to comply with this clause will be considered breach of contract and could lead up to legal fees on the client’s behalf.
Phylicia Bongiorno Kalivoda and Bongiorno, Bella! Makeup & Hair by Phylicia agrees to compensate client for all poor customer service issues. Value and warrant of the compensation would be up to the discretion of Phylicia Bongiorno Kalivoda and Bongiorno, Bella! Makeup & Hair by Phylicia.
Notices:
All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows:
Bongiorno, Bella! Makeup & Hair by Phylicia
Email: bongiornobella.muah@gmail.com
Limitation of Liability:
It is understood and agreed that Phylicia Bongiorno Kalivoda and Bongiorno, Bella! Makeup & Hair by Phylicia will not be liable to the Customer or any agent or associate of the Customer, for any mistake or error in judgment or for any act or omission done in good faith and believed to be within the scope of authority conferred or implied by this Agreement. Client agrees to not hold Phylicia Bongiorno Kalivoda and Bongiorno, Bella! Makeup & Hair by Phylicia liable for property damages or wedding day complications that could result in monetary loss.
LIABILITY DISCLAIMER: All hair tools, makeup brushes and makeup products are kept sanitary and are sanitized between every hair appointment and makeup application. Makeup products used are hypoallergenic. Any skin or hair/scalp condition should be reported by the client to the Phylicia Bongiorno Kalivoda prior to service and, if need be, a sample test of makeup may be performed on the skin to test reaction.
Client(s) agree to release the hair/makeup artist, Bongiorno, Bella!, its owner Phylicia Bongiorno Kalivoda, and all employees and agents from liability for any skin complications due to allergic reactions as well as any heat damage to client’s hair and/or skin from the use of heated hair tools like blow dryers, curling irons, flat irons etc. Bongiorno, Bella!, its owner Phylicia Bongiorno Kalivoda, and all employees and agents will not be held responsible for any adverse reactions to the client’s hair or skin from products and tools used or application of said products and tools.
Additional Clauses:
Customer agrees to allow Phylicia Bongiorno Kalivoda and Bongiorno, Bella! Makeup & Hair by Phylicia to use any pictures from the specific event for promotional & advertising purposes on website(s) and other promotion tools used if desired. Phylicia Bongiorno Kalivoda and Bongiorno, Bella! Makeup & Hair by Phylicia agrees not to use any pictures from the specific event for promotional & advertising purposes on website(s) and other promotion tools used if Customer explicitly requests so in writing via e-mail.
Modification of Agreement:
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
Entire Agreement:
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
Inurement:
This Agreement will inure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors and permitted assigns.
Gender:
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
Governing Law:
It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Pennsylvania, without regard to the jurisdiction in which any action or special proceeding may be instituted.
Severability:
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Waiver:
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
Electronic Signatures:
Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
