Liability, Indemnification, and Dispute Resolution
1. Limitation of Liability
The Client acknowledges and agrees that Artistrybytay LLC and its employees, contractors, agents, and representatives ("Service Provider") shall not be held liable for any incidental, indirect, consequential, special, or exemplary damages of any kind, including but not limited to allergic reactions, skin irritations, hair damage, or adverse effects resulting from makeup application, hair styling, or the use of any products or tools, whether provided by the Service Provider or by the Client.
The Client agrees to disclose any known allergies, sensitivities, or medical conditions prior to the commencement of any service. Failure to do so waives the Client’s right to hold the Service Provider liable for any resulting harm.
2. Assumption of Risk
The Client acknowledges and agrees that by engaging in hair and makeup services, there are inherent risks including, but not limited to, allergic reactions, skin sensitivities, scalp irritation, or unexpected outcomes. The Client voluntarily assumes all such risks and agrees that the Service Provider shall not be liable for any such outcomes, provided reasonable care was exercised.
3. Indemnification
The Client agrees to indemnify, defend, and hold harmless Artistrybytay LLC, including its owners, employees, agents, contractors, and representatives, from and against any and all claims, demands, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees and legal costs) arising out of or in connection with:
Any injury, loss, or damage sustained by the Client or any third party in connection with the services provided;
The Client’s failure to disclose relevant health or medical information (e.g., allergies, skin conditions, or sensitivities);
Any negligent, willful, or unlawful acts or omissions by the Client.
4. Dispute Resolution and Limitation on Legal Action
a. Mandatory Mediation
In the event of any dispute, claim, or controversy arising out of or relating to the services provided by Artistrybytay LLC, the parties agree to first attempt to resolve the matter through good-faith mediation, to be conducted in [Insert County], New Jersey, prior to initiating any legal or arbitration proceedings. The cost of mediation shall be shared equally by both parties.
b. Binding Arbitration
If mediation fails to resolve the dispute, the parties agree to submit any unresolved claims to binding arbitration in accordance with the rules of the American Arbitration Association (AAA). Arbitration shall take place in [Insert County], New Jersey. The arbitrator’s decision shall be final and binding, and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for its own legal fees and costs unless otherwise decided by the arbitrator.
c. Waiver of Certain Claims
To the fullest extent permitted by law, the Client waives the right to bring any claim against Artistrybytay LLC, its owners, employees, agents, or contractors for incidental, consequential, or punitive damages, including but not limited to loss of income, emotional distress, or dissatisfaction with subjective results of the services.
d. Time Limit for Filing Claims
The Client agrees that any claim or cause of action arising out of or related to the services provided must be filed within one (1) year from the date of the incident or alleged act. Any claims not brought within this time frame shall be deemed waived and forever barred.
5. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts located in [Monmouth County], New Jersey.