Styling Services - Terms & Conditions
These Styling Services Terms & Conditions (the “Terms”) are entered into between you (“you”, “your” and “Client”) and The Wardrobe Consultant (“Stylist”, “we”, “us” and “our”). In consideration of the mutual covenants, and upon the conditions, set forth herein, Client requests and Stylist agrees to provide styling services as follows:
Services: In order to understand and clarify the services and relationship, Client and Stylist 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. 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.
Term: This Agreement will begin with an initial package term and may continue thereafter if Client chooses with an additional package. Package must be used within 12 months of signed contract date.
Fees: Client agrees to pay and has paid, Stylist a fee of agreed rate for their work and has signed up for the said Wardrobe Consulting package.
Client agrees to pay styling fees with the following payment options: check, cash and/or credit card (Amex, Visa, Mastercard, Discover).
Assessment Fees and Package services are payable at the time of contract signing.
Client agrees to pay subsequent styling fees (if payment plan has be chosen) upon receipt of invoice for cash and/or check payment methods in advance of sessions.
Client agrees that styling fees in arrears of 30 days or more are authorized for credit card payment processing.
Client agrees that any fees not paid timely (within 60 days of invoice) are subject to an interest charge of 10% per annum.
Client is responsible for paying all taxes associated with the styling services under these Terms.
Stylist and Client will agree on a standard time for sessions. Once this time is established, it will be reserved. If Client needs to cancel an appointment at least 24-hour notice shall be provided or Client may be charged for the appointment.
Refunds and Exchanges: Client acknowledges and agrees that there will be no refunds or exchanges for any reason. All services purchased from The Wardrobe Consultant (dba HDHA,LLC.) are purchased by Client to be used within 12 months of the original signed contract. By purchasing services with The Wardrobe Consultant (dba HDHA,LLC), you are confirming that you have read and understand our no refunds or exchanges policy.
Confidentiality: 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.
Waiver: Client acknowledges and agrees that in the course of the services, Stylist may ask Client questions which may be personal, challenging or disturbing. Client waives and releases any claims arising or resulting from Stylist’s questions, actions or services except for Stylist’s breach of her obligations in Paragraph 5 above. This waiver does not apply to conduct or actions outside the scope of the styling services. The failure of the Stylist to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
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.
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.
Dispute Resolution: 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 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.
Attorney’s Fees: In the event of any dispute, litigation or arbitration between the parties, the non-prevailing party shall pay to the prevailing party therein all costs and expenses, expressly including, but not limited to, reasonable attorney’s fees and costs incurred therein by such successful party.
Damage Limitation and Liquidated Damage: The parties agree and acknowledge that Stylist is not a guarantor nor an insurer and that the fees provided for hereunder would be substantially higher if Stylist was to undertake such responsibilities. The Client also agrees it would be extremely difficult and impractical to fix actual damages to Client, if any, which may result from a failure to perform the services under these Terms. It is therefore agreed, that (excluding only willful misconduct), STYLIST’S LIABILITY SHALL BE LIMITED TO THE TOTAL OF ALL PAYMENTS MADE BY CLIENT OR A SUM EQUAL TO THE LAST SIX MONTHS OF CLIENT’S PAYMENT TO STYLIST, WHICHEVER AMOUNT IS LESS. 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.
Nature of Agreement: 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.
Severability: If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
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.
INQUIRIES. If you have any questions or concerns regarding these Terms please contact us via our Contact Page Form, located at: https://www.thewardrobeconsultant.com/contact.