Terms & Conditions And Booking Form
“We” are:
Jessica Ebbage trading as Jessica Hawkins Makeup Artist of 3 Meadow Walk,
Whitstable, CT5 4PN (“Jessica”)
“You” are:
The customer or customers that received the quotation (where more than one
person, they shall be jointly and severally liable).
(“Client”)
1.Definitions
In this agreement:
“Assignment” means the project of work, goods and services set out in the
quotation.
“Deposit” means the advance payment to secure the date and to allow Jessica 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 Jessica.
“Fees” means money paid or owed to Jessica by the Client for the Assignment.
“Services” means the services provided by Jessica as part of the Assignment.
“Terms“ means these Terms and Conditions
2. Price and payment
2.1. Price for the Assignment is set out in the quotation (“Price”) There is no VAT.
2.1.1 Prices charged are per person, and any additional Services 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 and/or hair styling Services, and all ancillary Services to complete the Assignment.
2.1.3 The Price excludes any expenses that will be incurred by Jessica,unless otherwise agreed in writing by the parties.
2.2. Deposits
2.2.1 A Deposit of 25% of the Price shall be paid upon entering this agreement and must be paid within 7 days of confirming your booking.
Jessica’s invoice for the Deposit will follow – please refer carefully to Clause 4. An agreement is not formally in place until the Deposit has been paid, and the booking form has been returned.
2.2.2 If changes that require additional Fees to be paid are subsequently requested, an additional Deposit of 25% of any extra Fees shall be paid immediately on acceptance of the changes, unless such changes are requested within 6 weeks of the date of the Event, when the extra Fees shallbe paid in full.
2.3 The Client shall pay Jessica the balance of the Fees (the Price less the Deposit(s)) 6 weeks before the Event and all Fees shall be paid in advance in full via BACS.
2.4 The trial Fees are required to be paid no less than 1 week before the agreed trial date via BACS.
2.5 For Bride only bookings, a supplement of 20% will be added to your booking.
2.6 All weekend wedding bookings have a minimum Fee of £600.00 for the wedding day. Should the number of treatments requested by the Client decrease, the total Fees payable in any event shall not fall below the £600.00 minimum booking fee.
2.7 All weekday bookings have a minimum booking fee of £500.00 Should the number of treatments requested by the Client decrease, the total Fees payable in any event shall not fall below the £500.00 minimum booking fee.
2.8 Failure to make payment at any stage will result in the cancellation of your booking.
3. Travel Expenses
3.1. The Price excludes any expenses that will be incurred by Jessica which will be agreed in writing by the parties. The Price also excludes any travel expenses to the Event when the Event is being held within mainland UK. travel is charged at £0.45p per mile from Jessica’s base (CT5) and return. Travel Expenses chargeable in addition, for out of mainland UK shall include flights, transfers, train fares, or other taxi or car hire charges as may be reasonably required to fulfil your requests.
3.2 For a booking that requires Jessica to start travelling before 6.30am and is over 60 miles from Jessica’s home address, accommodation expenses will beincurred.
3.3 Congestion Charge: Travelling inside the congestion charge zone is charged at cost to the Client. Parking: Expenses are charged at cost to the Client.Travel by Public Transport, Rail or Air: Expenses are charged at cost to the Client.This will be discussed and agreed with the Client during the booking process. Jessica will always endeavour to find the most cost-effective option.
4. Cancellation of agreement and the Deposit
4.1. 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.
4.2 Cancellation by Jessica.
4.2.1 If Jessica cancels the Assignment, unless in accordance with clause.
4.2.2, the Fees paid at the time of cancellation ( save any expenses already incurred or paid which cannot be reasonably recovered or cancelled by Jessica, shall be non-refundable) will be repaid to the Client within 14 days of cancellation and no further sum or compensation will be payable to the Client by Jessica arising from such cancellation.
4.2.2 The Services may also be terminated by Jessica if payment of the Fees is not made in accordance with these Terms, or if the Client commits a material breach of any of these 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 for Fees due to Jessica.
4.3 In the unlikely event that Jessica is unable to make your wedding appointment due to a personal emergency, an act of god, or severe illness, Jessica may substitute an alternative of similar quality and experience, at her absolute discretion, and will endeavour to find an alternative Hair & Makeup Artist who she is happy to recommend. The replacement Artist will receive a full brief and any products required that they might not have in their kit.
4.4 Client Cancellation
4.4.1 If the Client cancels the Assignment within 14 days of entering intothis agreement, then the Deposit shall be repaid to the Client in full.
4.4.2 If the Client seeks to cancel this Assignment 14 days after entering this agreement but more than 6 weeks 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 Jessica.
4.4.3 If the Client cancels this Assignment within 6 weeks or less of the Event, then the Fees in full plus any expenses incurred as at the date of cancellation (less any monies paid) shall be due to Jessica.
4.4.4 Where the Client seeks to cancel any Assignment where travel and/or accommodation expenses have already been booked and or paid for by Jessica, these expenses shall be either deducted from any refund, and/ornon-refundable in any event.
4.5 Cancellations are only deemed valid if received in writing. The fee is always agreed via email, verbal agreements are not offered as they are not deemed valid by Jessica.
4.6 Should you need to cancel any part of the Assignment, such as an appointment, please notify Jessica as soon as possible.
5. The Assignment.
5.1 Jessica 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 by email within 14 days of entering into this agreement.
5.2 Trial sessions - Trials are carried out at Jessica’s address in Whitstable, where she has a home studio with plenty of space and natural light. Jessica is not available for trials at a weekend, as her full attention is on her gorgeous brides on their special day. If you are unable to travel to the trial appointment Jessica will quote a trial at your preferred location.
5.3 Trial sessions are held on Tuesday, Wednesday & Thursday in 4-hour Appointments:
· Bride Hair & Make-Up trial: Please allow the full 4hr session time.
· Bride Make-Up Only: Please allow 2hrs 30 mins session time.
· Bride Hair Only: Please allow 2hrs 30 mins session time.
5.4 Group Bookings for Trials: If other members of your bridal party are having trials then Jessica will arrange a trial that is long enough to accommodate all parties where possible. N.B; this availability is subject to other appointments already booked in.
5.5 Maximum Time Allocation for Trials: The maximum time that Jessica can spend on any one trial is 2hrs 30mins for a Makeup or Hair only booking or 4hrs for a Makeup and Hair booking. Any additional time required for trial sessions will be booked as a repeat trial.
5.6 Repeat Trials: If a second Makeup and/or Hair trial is requested, the same fee applies as for the first trial.
5.7 Trials should be attended by the Bride and ONLY one other person or the agreed additional persons having a hair/makeup trial. No children under 18 years old are allowed to attend the trial unless agreed otherwise in writing.
5.8 Trials are recommended to be undertaken at least 3 months before the Event. They usually need to be booked in advance 6 months before the Event.
5.9 Once a trial is booked it can only be re-arranged with a minimum of 7 days’ notice. If less than 7 days’ notice is given by the Client to rearrange a trial appointment, then the client will incur the full fee for the trial Service(s) to cover the lost appointment but PLEASE NOTE: During peak season (March – October) Jessica’s diary is extremely busy and, should you need to rearrange your trial, there may be limited availability.
5.10 You final Event timings will be sent to you at least 6 weeks before the day of the Event. Changes to the timings can be agreed with Jessica in writing once without additional Fees, but any more than one revision to the timings shall incur an administration fee of £25 plus VAT per revision request. Revision requests must be submitted in writing at least 4 weeks before the Event. Late or multiple requests cannot be guaranteed to be accommodated and will be charged.
5.11 Variations to the Assignment, or to the Services, may only be agreed in writing. Services outside the scope of the quotation will attract additional Fees. Date changes to the Event must be submitted in writing and the new date is subject to our availability. If the new date cannot be accommodated by Jessica, this willconstitute a cancellation by the Client and clause 3 will apply.
5.12 Exact numbers requiring hair and makeup for the bridal party must be confirmed at the point of booking, so Jessica can book a member of her team to work alongside her if needed. Final numbers receiving Services at the Event must be confirmed in writing to Jessica from the Client no less than 7 days after the trial. If numbers subsequently increase, Jessica reserves the right to increase the quoted Price accordingly. If numbers subsequently decrease, there will be no discount and the Price shall be charged in full. Jessica must be notified by email of any changes to your original booking as soon as possible.
5.13 If the start time for a booking is amended to be later than in the quotation, but the finish time is to remain the same, or your departure time for the ceremony is brought forward, or if a booking is requested that Jessica believes will not to be possible for one person due to time constraints, an assistant to the Makeup Artist/Hair Stylist can be booked for an additional £100.00 per Event. Jessica reserves the right to use the additional services and assistance of other MUA’s or Hair Stylists, if it is necessary to deliver the Assignment.
5.14 Jessica 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.
SPECIFIC SERVICES OR TREATMENTS
5.15 Individual Lashes: Individual lash application is included in the price for the Makeup Service. There is no reduction in price for any Services if individual lashes are declined.
5.16 Hair Extensions: If hair extensions are required for the chosen hairstyle, they are charged at £65.00 to hire. To hire extensions an £80.00 deposit must be paid in advance as well as the £65.00 charge. The deposit is refunded upon their return. Please ensure extensions are returned via recorded delivery to Jessica’s work address within 3 weeks of the Event. When returning extensions by post, the Client should include their details to make it easy to establish who they are from. Please include your Name, Wedding Date & and Bank Details so that we can refund your deposit. We reserve the right to withhold some, or all of the refund based on our assessment of the condition of the returned extensions and the time taken for them to be returned.
6. Allergies
6.1 Jessica will not be held responsible for any allergies or reactions caused by our work.
6.2 It is the Client’s responsibility to inform Jessica of any potential issues such as, but not limited to, medical conditions, allergies, and/or sensitivities at the time of booking or at the latest 14 days before the Event. Jessica cannot be held liable for any condition that arises or loss incurred if the Client has not informed Jessica of any known conditions as stated above, or of any conditions unknown to the Client at the time of the Services.
6.3 If any member of the bridal party does have a known allergy, skin sensitivity, Jessica highly recommends a consultation/trial. If, on the rare occasion that any of the bridal party have any contagious skin infections or any contagious condition, Jessica will refuse treatment.
7. General Conditions
7.1 Verbal or email instructions by the Client to proceed will constitute an acceptance in full of these Terms and Conditions.
7.2 The Fees will be paid after invoices rendered from time to time. No VAT is applicable. Payment terms are ‘on invoice’, and 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 and payment in advance may be required before the Services are re-commenced.
7.3 Jessica reserves the right to require some or all of the Fees to be paid in advance of the commencement of the Services where applicable and agreed in writing. If payment is not made in accordance with the above clauses, Jessica reserves the right to charge an administration fee of £50 to late payments together with interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
7.4 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 our Privacy Notice on our website.
7.5 Jessica will use reasonable care and skill in performing the Services. Jessica has public liability cover and is fully insured by Salon Gold.
7.6 Jessica’s liability in respect of any loss of good will, 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.
7.7 In respect of any other direct losses (in Contract or Tort) the total liability of Jessica will not exceed the return of all payments received, and thus the limit of liability shall not exceed the value of the Services provided.
7.8 Nothing in these Terms will exclude or limit liability for death or serious injury caused by Jessica’s negligence.
7.9 If Jessica 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, epidemic and or pandemic, then the liability of Jessica 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 or expenses incurred) and Jessica shall (where the value of the Services already delivered to the Client or expenses incurred 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. Jessica shall not be liable for any additional losses incurred by the Client in such circumstances.
7.10 Nothing in these Terms is intended to create a partnership or joint venture between Jessica 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.
7.11 These Terms and any dispute arising from them shall be governed by the laws of England and Wales.
v. September 2022