Booking terms and conditions
1. _____RETAINER - A 25% retainer for contracted services is due upon signing of this agreement. Retainer payment is a condition for booking the services listed in the "Invoice". Services booked 14 days or less prior to the event requires a payment in full. The services listed in the attached “Invoice” are the only services Noemi Alvarado agrees to perform and no services will be booked without a retainer payment. If after contract signing and retainer payment client wishes to add services and/or persons receiving services, s/he may do so only upon payment of retainer(s) for any additional services/participants. All retainers must be paid to Noemi Alvarado directly through Square Invoice.
2._____BALANCE DUE - The balance due for services shall be due and owning 7 - 14 days from the date of services.
3._____CANCELATIONS - If the Client cancels this contract or any part of this contract (including subtracting number of people getting services) 45 days or more prior to the service date, only retainer and any other balance payments made by the client is refundable minus transaction and processing fees and any other service on this contract performed prior to the event date (ie. Bride Preview/Bridals). If the Client cancels this contract less than 45 days prior to the service date, retainer and any other balance payments made by the client is owed and is non-refundable.
4._____EXPENSE REIMBURSMENTS - Client agrees to reimburse the attending artist/stylist for all reasonable expenses relating directly to the wedding event itself including, but not limited to, parking fees, destination travel fees, accommodations, etc. Both parties agree to discuss the existence of any such charges in advance of the event to avoid any surprise to the client as to what will constitute an expense and Noemi Alvarado agrees to supply expense receipts if requested.
5._____GRATUITY – The client acknowledges that a 15% or more gratuity of the total amount is customary but optional for good service.
6._____SUBSTITUTIONS - All Noemi Alvarado artists and hairstylists are top-notch professionals. In the event that a particular artist or stylist is unavailable or otherwise unable to provide contracted services, Noemi Alvarado reserves the right to make appropriate substitutions. Complimentary trials will be given in these circumstances.
7._____CLIENT PREPERATION - Client acknowledges and agrees that she or he and others receiving services must have clean, moisturized skin prior to makeup application. Clean, dry (no flat-ironed) hair prior to hairstyling. Client acknowledges these requirements and agrees to prepare for make-up/hairstyling services accordingly. If person(s) receiving hair and/or make-up services is not properly prepared, thereby requiring the artist/stylist to spend additional time preparing the skin and/or hair, Client will be subject to overtime service fees. Client shall disclose the existence of any allergies, medications that may affect the application of makeup/hair products, or
any other condition of any person receiving services. If Client fails to make such a disclosure, no refunds will be provided for work unable to be performed because of these conditions.
8._____FAILURE TO PERFORM – Noemi Alvarado Artist/Stylists providing services are not responsible for services not completed or contract overtime fees due to delays caused by the Client. Client acknowledges and agrees that should she or anyone else receiving services be prepared to receive services at the location stated above.
9._____UNSANITARY, INFECTIOUS OR UNSAFE CONDITIONS - We reserve the right to refuse services if or alter services if unsanitary conditions exist and/or contagious infections are present. Client understands and acknowledges that Artists may alter service or NOT perform services where any contagious infections such as pink eye (conjunctivitis) or cold sores/fever blisters are present and there shall be no refund of any deposit, Client acknowledges and agrees that verbal abuse of conditions Artist/Stylist is unacceptable by any person at the event and shall be grounds for the Artist/Stylist to cease services immediately. Client acknowledges that they will not be entitled to a refund for any work already performed and client may not review artist
or stylist vendor poorly on social media or other review sites if this happens. Client also acknowledges that they will allow artist to work in safe conditions for personal safety. At any time artist or stylist feels physically threatened or verbally abused, the artist/stylist may cease the performance of services and exit the building.
10._____UNFORSEEN CIRCUMSTANCES – No party shall be liable for lost profits, sales, or any incidental, consequential, punitive or special damages arising from any breach of this Agreement. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events caused by or results from acts beyond the impacted party's (“Impacted Party”)
control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities that prevent performance of the services, the parties release each other from the terms and obligations described here and from damages resulting from non-performance. The Impacted Party shall give Notice within 30 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized.The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 365 days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.
11._____OVERTIME FEE - An overtime fee of $50 per hour for each artist/stylist will apply if services run beyond the stated End Time in the Services Contract. Additions requested on the day of service are at the discretion of the artist/stylist and are not guaranteed. Due to the size of the Client’s bridal party, an Assistant Artist/Stylist [IS] / [IS NOT] needed at this time.
12.______SERVICE TIMES - Client acknowledges and agrees that the artist/stylist is only obligated to stay at the event while performing services. If the artist/stylist has completed all services before the contract end time, artist/stylist will leave the event.
13.______INTERPRETATION - If any provision in this Agreement requires judicial
interpretation, the judicial body interpreting or construing such provision shall not apply the assumption that the terms hereof shall be more strictly construed against one party because of the rule that an instrument must be construed more strictly against the party which itself or through its agents prepares the same; the parties hereby agreeing that all parties and their agents have participated in preparation of this Agreement equally. Subject headings are provided for organization and shall not be considered in any interpretation of this agreement. “She” as used in this agreement is interchangeable with the pronoun “he”.
14._____SEVERABILITY - If any provision of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid by any court, governmental agency or regulatory body, the remainder of this Agreement, or the application of such provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby and shall remain in full force and effect. To the extent permitted by applicable law, the parties hereto hereby waive any provision of law that renders any provision hereof prohibitive or unenforceable in any respect.
15._____GOVERNING LAW - This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the laws of the state of Texas, and each of the parties consents to the jurisdiction of the Circuit Court of Travis County, Texas for the purpose of any actions brought under or pursuant to this Agreement.
16._____ENTIRE AGREEMENT - This Agreement constitutes the entire agreement between the parties, and no modification of this Agreement shall be valid unless such modification be put in writing and be signed by all parties.
COVID 19 •
In the event Clients determine that a postponement of the service is necessary due to Covid-19 health concerns, Clients must Notify Noemi Alvarado within 30 days of the original service date. Noemi Alvarado will allow Clients to reschedule the service one (1) time within a 12 month period of the original service date without a rescheduling fee or changes to the hair and/or makeup package pricing. The retainer and all other payments made by Clients up to the date of rescheduling due to Covid-19 are non-refundable and will transfer over to the rescheduled service date. The final balance remainder due by Clients under this Agreement will be moved to 30 days prior to the new rescheduled service date. Clients understand and agree that it is their responsibility to work with Noemi Alvarado to find a mutually agreeable rescheduled date. Noemi Alvarado will give Clients first choice of all available dates on its calendar within the 12 month period.
If Clients determine not to reschedule and cancel the services altogether, or choose a new service date that Noemi Alvarado is not available for, the retainer and all other payments made by Clients are still non-refundable, such payments will be credited to Clients’ account, and credit may be used for any type of services offered by Noemi Alvarado within 12 months from the date of cancellation. Should Clients fail to Notify Noemi Alvarado of any postponement or cancellation within 30 days of the original service date, Clients forfeit the retainer and all fees paid.
After the first courtesy postponement, in the event Clients reschedule the services again, a rescheduling fee of $250.00 will apply for each subsequent postponement thereafter and Noemi Alvarado reserves the right to increase its package pricing. This clause supersedes all other clauses under this Agreement for Covid-19 related postponements and cancellations only.