Group Styling Services - Terms & Conditions
The following are the terms and conditions (“Terms and Conditions”) for the group styling services (“Services”) by The Wardrobe Consultant (“Stylist”, “we”, “us” and “our”) to Stylist customers (“Client”). Stylist’s acceptance of a Client’s order is expressly made conditional on the Client’s acceptance of these Terms and Conditions. Stylist reserves the right to amend these Terms and Conditions at any time.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING CUSTOMER RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO THE CUSTOMER. PLEASE READ IT CAREFULLY. THESE TERMS AND CONDITIONS MAY REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTION.
ORDERS. Orders will be initiated by Client submitting an online order to Stylist. Orders must identify the desired Services. Orders are subject to Stylist's acceptance.
PRICES & TAXES. Client is responsible for and shall pay all taxes (including without limitation sales, use, property, excise, value added, and gross receipts) levied on the Services, except taxes based on Stylist’s income, property, and employees.
TERMS OF PAYMENT & CREDIT. Terms of payment are within Stylist’s sole discretion. If Stylist has not granted credit to Client, payment terms are check, cash, credit card, and/or payment in advance. If a credit card is used to place an order, Client represents and warrants that (i) any credit card information supplied is true, correct, and complete, (ii) Client is duly authorized to use such credit card for the purchase, (iii) charges incurred by Client will be honored by Client’s credit card company, and (iv) Client will pay charges incurred by Client at the posted prices, including all applicable taxes, if any. If Stylist reasonably believes that Client's ability to make payments is impaired, Stylist may cancel any order or remaining balance thereof, and Client will remain liable to pay Stylist for Services already performed. Checks are accepted subject to collection and the date of collection will be deemed the date of payment. Any payment received from Client may be applied by Stylist against any obligation owing by Client to Stylist under this or any other contract, regardless of any statement appearing on or referring to such payment, without discharging Client's liability for any additional amounts owing by Client to Stylist. The acceptance by Stylist of such payment will not constitute a waiver of Stylist's right to pursue the collection of any remaining balance. If Client fails to make payment when due, without prejudice to any other right or remedy, (i) overdue sums will bear interest to date of payment at the annual rate of 10% or such lower rate as may be the maximum permitted by law; and (ii) Stylist will be entitled to reimbursement for all costs of collection and attorneys' fees.
SERVICES INFORMATION.
General Information. In order to understand and clarify the Services and relationship between Stylist and Client, Stylist and Client acknowledge and agree that:
Styling is a relationship which is designed and defined by the Client with the Stylist’s agreement, and which is based on the Client’s expressed interests, goals and objectives.
Stylist uses discussion, questions and requests to assist Client as Client identifies personal and/or business goals, develops strategies and action plans intended to achieve such goals, and monitors progress towards implementation of the action plans all in relation to styling.
Stylist does not provide counseling, therapy, advice, answers or direction to the Client. If issues arise that are best dealt with in another context, Stylist will refer the Client to an appropriate professional. Client will notify the Stylist of any difficulties or needs that warrant additional professional services.
Client is responsible for his/her own achievements and success and Stylist cannot and does not promise that Client will take any specific action or attain specific goals.
Courses and Modules. Client may, alone or with other Clients, have the option to purchase and participate in an online course/module provided via online teleconference meetings, such as Zoom. These courses/modules may be recorded for quality assurance purposes.
TERM. This Agreement shall commence once Client places an online Order and shall continue for the number of courses purchased by the Client.
CANCELLATIONS, RETURNS, REFUNDS. Client acknowledges and agrees that there will be no refunds or exchanges for any reason, even if Client stops participating in any group courses/modules. By purchasing Services with The Wardrobe Consultant, you are confirming that you have read and understand our no refunds or exchanges policy. All Stylist decisions on refunds, cancellations and returns are final.
INTELLECTUAL PROPERTY. Client shall have no right, title, or interest in or to any Stylist trade names, trademarks, trade dress, patents, copyrights, know-hows, manuals, instructions, protective creative and design works, creative and design elements, illustrations, presentation materials patents, or any other intellectual property rights or other proprietary rights (“IP”) and all goodwill related thereto, including but not limited to, domain names, product names, catalogs, presentations, styling guides, styling materials, styling instructions, brochures, or any other creative, design, and styling materials. All IP rights reserved by The Wardrobe Consultant, or any IP owned by manufacturers and/or suppliers and all materials contained on The Wardrobe Consultant’s website are subject to the ownership or license rights of The Wardrobe Consultant and any manufacturers and/or suppliers. Unless otherwise agreed in writing with the appropriate owner of any IP, Client shall have no right to copy, reproduce, modify, publish, upload, transmit, distribute in any way, create derivatives of, or otherwise use any IP of The Wardrobe Consultant or any manufacturers and/or suppliers without The Wardrobe Consultant’s or other third-party’s permission, in whole or in part. Copying of any kind of any IP is strictly prohibited. The terms contained herein do not convey any license or other use rights to Client. Client understands that any unauthorized use or misuse of such IP would result in irreparable injury for which money damages would be inadequate. Client further acknowledge that, in the event of any such unauthorized use or misuse, The Wardrobe Consultant or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use. The Wardrobe Consultant reserves all rights not expressly granted under this Agreement.
WARRANTY. EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS AND CONDITIONS, THE SERVICES ARE PROVIDED “AS IS” AND STYLIST DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. STYLIST SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT AS SPECIFICALLY SET FORTH IN THE AGREEMENT, STYLIST MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET ALL OF CLIENT’S OR ANY OTHER PERSON'S PURPOSES OR NEEDS, OR ACHIEVE ANY INTENDED RESULT.
LIMITATION OF LIABILITIES. IN NO EVENT WILL STYLIST BE LIABLE FOR: (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR (II) LOSS OF USE, DATA, BUSINESS, REVENUES OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF STYLIST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. EXCEPT FOR WILLFUL MISCONDUCT, STYLIST’S MAXIMUM AGGREGATE LIABILITY RELATED TO OR IN CONNECTION WITH THESE TERMS WHETHER UNDER ANY THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WILL NOT EXCEED THE AGGREGATE AMOUNT OF FEES PAID BY THE CLIENT TO STYLIST UNDER THESE TERMS IN THE SIX (6) MONTHS PRECEDING SUCH CLAIM.
INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Stylist and its officers, directors, employees, agents, successors, and permitted assigns from and against all liabilities, damages, settlements, charges, taxes and any other losses or expenses arising out of or resulting from (a) bodily injury, death of any person, or damage to real or tangible, personal property resulting from the negligent or willful acts or omissions of Client; and (b) Client’s breach of any representation, warranty, or obligation of Client in these Terms and Conditions.
FORCE MAJEURE. Stylist will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control, including, but not limited to, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, government priorities, fire, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics and pandemics, quarantine or other governmental restrictions, riots, or war. Stylist’s time for delivery or performance will be extended by the period of such delay or Stylist, at its option, may cancel any order or remaining part thereof without liability by giving notice to Client.
CONFIDENTIAL AND PROPRIETARY INFORMATION. Stylist and Client acknowledge that they may obtain confidential personal and/or business information from each other and agree to keep and maintain such information confidential and not to disclose or use such information without the other’s prior written consent. However, this information may be released if (1) Stylist or Client gives specific permission to release the information; (2) the information has become public knowledge; and/or (3) Stylist or Client is required to release the information by law. Client is aware that confidentiality may not apply in situations where records are subpoenaed. Client is aware that some means of communication such as wireless telephones and e-mail may not be secure from eavesdropping.
ARBITRATION. At Stylist’s exclusive option and discretion, disputes between Client and Stylist, including ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND STYLIST ARISING FROM OR RELATING IN ANY WAY TO CUSTOMER’S PURCHASE OF SERVICES FROM STYLIST MAY BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Any arbitration shall be brought exclusively in Cuyahoga County, Ohio, in accordance with the Rules of Arbitration of the American Arbitration Association applying Ohio law (the “Rules”), by a single arbitrator appointed in accordance with said Rules, applying these Terms and Conditions and consistent provisions of the federal and state laws (except conflict of law rules) of the State of Ohio, U.S. The language of the arbitration shall be English.
GOVERNING LAW. This Agreement shall, in all respects, be governed by the laws of the State of Ohio applicable to agreements executed and to be performed within Ohio. This agreement constitutes the entire understanding and agreement of the parties and no amendment, change or modification of the Agreement shall be valid, unless in writing and signed by all of the parties hereto.
GENERAL PROVISIONS. These Terms and Conditions and Stylist Privacy Policy constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Stylist of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Terms and Conditions are determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Terms and Conditions, all of which will remain in full force and effect, and such court shall have the authority, if possible, to revise any invalid or unenforceable provision to most accurately reflect the intent of the parties as shown by the original wording of that provision while rendering it valid and enforceable. No rights, duties, agreements or obligations hereunder may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of Stylist. These Terms and Conditions and the subject matter that they cover including without limitation the purchase of Services do not create any joint venture, partnership, employment, or agency relationship between Client and Stylist or its suppliers. The obligations, rights, Terms and Conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns.
INQUIRIES. If you have any questions or concerns regarding these Terms and Conditions please contact us via our Contact Page Form, located at: https://www.thewardrobeconsultant.com/contact.