This Agreement for Styling Services (“Agreement”) is entered into on this date of, by and between Tahirah Goins-Nall (“Stylist”) and (“Client”).
In consideration of the mutual covenants, and upon the conditions, set forth herein, Client requests and Stylist agrees to provide styling services as follows:1. Services: In order to understand and clarify the services and relationship, Client and Stylist acknowledge and agree that:
2. Term: This agreement will begin with an initial one-month term and may continue thereafter if Client so chooses with an additional package.
- 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 in all 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.
- In response to California submitting Managed Care Risk Mitigation COVID-19 Public Health Emergency (PHE) section 1115 demonstration application on December 29, 2021, Client is aware of risk regarding in-person appointments and is understanding of Stylist not being held responsible for any contraction of COVID-19.
3. Fees: Client agrees to pay, and has paid, Stylist a fee of $1500 for their work and has signed up for the Personal Edit package.
- Client agrees to pay styling fees with the following payment options: check, cash and /or credit card (Visa, Mastercard, Discover, American Express).
- Assessment Fees and Package services are payable at the time of contract signing.
- Client agrees to pay subsequent styling fees (if payment plan has been 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.
- 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 is requested.
4. Refund and Exchanges: Client acknowledges and agrees that there will be no refunds or exchanges for any reason. All services purchased from ClothesPetals Limited Liability Company are purchased by each client to be used within 12 months of the original signed contract. By purchasing services with ClothesPetals Limited Liability Company, you are confirming that you have read and understood our no refunds or exchanges policy.
5. Confidentiality Stylist acknowledges that she may obtain confidential personal and/or business information from Client and agrees to keep and maintain such information confidential and not to disclose or use such information without Client’s prior written consent. However, this information may be released if (1) Client gives specific permission to release the information; and/or (2) Stylist 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 email may not be secure from eavesdropping.
6. 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 4 above. This waiver does not apply to conduct or actions outside the scope of the styling services.
7. Dispute Resolution: Any controversy or claim arising out of, or relating to, this Agreement of the services provided, shall first be submitted to mediation for an attempt at resolution, with such mediation being conducted by a mutually agreeable party, or if no such party can be agreed upon, by a mediator appointed by the courts. If the dispute is not resolved by mediation of not less than six hours duration, they shall be settled by binding arbitration in Los Angeles County, California. If the parties are unable to mutually agree upon an arbitrator, an arbitrator with experience in such matters shall be appointed, but any mediator used in the dispute shall be ineligible unless the parties agree otherwise. The arbitrator shall not have any power to alter, amend, modify, or change the terms of this Agreement nor to grant any remedy which is either prohibited by the terms of this Agreement, or not available in a court of law.
8. 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 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 a successful party.
9. Damage Limitation and Liquidated Damage: The parties agree and acknowledge that Stylist is not a guarantor nor an insurer and that 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 failure to perform from Stylist. It is therefore agreed, that if Stylist is found liable for any loss or damage due to a failure to perform or other breach of this Agreement (excluding only willful misconduct), stylists’ 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 is less.
10.Nature of Agreement: This Agreement shall, in all respects, be governed by the laws of the State of California applicable to agreements executed and to be performed within California. The 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.