- SEVERABILITY If any provisions of this agreement shall be beld to be invalid, illegal, unenforceable or in conflict with any of the law(s) of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall nor in any way the affected or impaired therby.
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LIABILITY Any skin condition shall be reported by the client to the makeup artist prior to application and, if need be, a sample test of makeup may be performed on the skin to test reaction. Client(s) agree to release Gilded Rose Spa and employee(s) from liability for any skin complications due to allergic reactions. Gilded Rose Spa and emplyee(s) reserve the right to refuse services or alter services if unsanitary conditions exist and/or contagious infections are present. Client understands and acknowledges that Gilded Rose Spa and employee(s) may alter service(s) or NOT perform services where any contagious infections or illness such as pink eye (conjunctivitis) or cold sores/fever blisters are present and there shall be no refund of any paid retainer fee and Client will pay the remaining balance in full. Client also acknowledges that they will allow Gilded Rose Spa and emplyee(s) reserve the right to refuse services or alter services if unsanitary conditions exist and/or contagious infections are present. Client understands and acknowledges that Gilded Rose Spa and employee(s) may alter service (s) or NOT perform services where any contagious infections or illness such as pink eye (conjunctivitis) or cold sores/fever blisters are present and there shall be no refund of any paid retainer fee and Client will pay the remaining balance in full. Client also acknowledges that they will allow Gilded Rose Spa and employee(s) to work in safe conditions for personal safety. At any time, Gilded Rose Spa and employee(s) feels physically threatened or verbally abused, they may cease the performance of services and exit the location of services. It is understood that Gilded Rose Spa is only liable for services completed and provided by Gilded Rose Spa and employee(s) and cannot be held liable for the services of other contracted vendors. It is understood that in no event shall Gilded Rose Spa and employee(s) be liable for consequential damages of any kind.
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LIABILITY AND INDEMNITY (NO CONSEQUENTIAL OR INDIRECT DAMAGES) Except for obligations to make payment under this Agreement, liability for indemnification, liability for infringement of intellectual property rights, in no event shall Gilded Rose Spa be liable under this Agreement to Client or any other third party for consequential, indirect, incidental, special, exemplary, punitive, against any claim, damages, cost, loss, expense, or enhanced damages, arising out of, relating to, or in connective with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Client was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
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SAFE WORKING ENVIRONMENT Clients understand and agree that Gilded Rose Spa maintains a safe work environment at all times and complies with all health and safety laws, directives and rules and regulations. Gilded Rose Spa will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under such occurrences, Gilded Rose Spa reserves the right to terminate service coverage immediately and/or leave the event. Clients agree to relieve and hold Company harmless as a result of incomplete event coverage, or for a lapse in the quality of Gilded Rose Spa's work, and Clients shall be responsible for payment in full.
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INDEMNIFICATION Client ("Indemnifying Party") shall indemnify, release, discharge and hold harmless the Gilded Rose Spa, its heirs, legal representatives, assigns, employees or any persons or corporations acting under permission or authority of the Company ("Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and attorneys' fees, that are incurred by Indemnified Party/awarded against Indemnified Party in a final, nonappealable judgment, administrative proceeding, or any alternative dispute resolution proceeding (collectively "Losses"), arising out of any third- party claim alleging:
(a) breach or non-fulfillment of any representation, warranty, or covenant under/ representation or warranty in this Agreement;
(b) any negligent or more culpable act or omission of Indemnifying Party or its agents (including any reckless or willful misconduct) in connection with the performance of its obligations under this Agreement;
(c) any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of Indemnifying Party or its agents (including any reckless or willful misconduct); or
(d) any failure by Indemnifying Party to comply with any applicable federal, state, or local laws, regulations, or codes in the performance of its obligations under this Agreement.
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FORCE MAJEURE 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 (except for any obligations to make payments to the other party hereunder), 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 ("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. The Impacted Party shall give notice within 20 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted 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 (1) shortage of adequate power or transportation facilities. The Impacted Party shall give notice within 20 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 Maieure Event are minimized. 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 30 days following written notice given by it, the other party may thereafter terminate this Agreement upon written notice. The non- refundable retainer paid by Clients (as stated under "Bookings and Deposits) applies for all Force Majeure Events.
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NON-DEFAMATION Client and all parties obtaining services from Gilded Rose Spa and employee(s) agree that they will not, directly or indirectly, make or ratify any defamatory comments, reviews or remarks as defined by law, in writing, orally or electronically, about Gilded Rose Spa and employee(s) and their respective products and services. By receiving services, you agree to this contract stipulation whether or not this contract is signed by the party obtaining the service. Client acknowledges and agrees that verbal abuse is unacceptable by any person at the event and shall be grounds for Gidled Rose Spa and employee(s) 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 Gilded Rose Spa and emplyees) poorly on social media or other review sites if such instance occurs.
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ATTORNEY If legal action is necessary to enforce the terms of this contract the prevailing party shall be entitled to reasonable attorney fees in additional to any other remedies to which that party might be legally entitled.
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RESPONSIBILITY The responsibility of the makeup artists), Gilded Rose Spa and employee(s) , is limited. Gilded Rose Spa and employee(s) shall not be liable for any loss, injury, illness, or damage to any client and/or property. You agree that Gilded Rose Spa and employee(s) will not be held liable for any damages to any client and property in connection with terrorist activities, social or labor unrest, mechanical, or construction failures or difficulties, illness, local laws, weather, strikes, thefts, pilferage, or defaults, Gilded Rose Spa is not responsible for Acts Of God, Natural Disasters, an Act Of Government such as A Declaration of National or Local Emergency, or Other Incidents Not within the control of the Vendor, i.e. accident, death in the family, illness, pregnancy, or sudden tragic circumstance
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SATISFACTION GAURANTEED Makeup will be completed to client's satisfaction, but is not to exceed allotted makeup time. Ample time is given for each makeup application upon booking at 1 hour for the bride and 45 min per additional person. Acceptance of completed makeup application by client is acknowledgement by client that makeup is done to his/her satisfaction. This is why we strongly recommend scheduling makeup trials) for bride and bridal party.
FAILURE OF COMPANY TO PERFORM SERVICES In the event Gilded Rose Spa cannot or will not perform its obligations under this Agreement, it will:
1. Immediately give Notice to Clients;
2. Attempt to find another competent professional to take its place with the mutual agreement of Clients;
3. If another competent professional is not available or Clients do not agree to transfer of obligations to said alternate professional, Gilded Rose Spa will issue a refund or credit based on a reasonably accurate percentage of services rendered; and
4. Excuse Clients of any further performance and/or payment obligations in this agreement.
(Please note, this has never happen)