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:
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Services:
In order to understand and clarify the services and relationship, Client and Stylist acknowledge and agree that:
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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.
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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.
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Stylist does not provide counseling, therapy, advice, answers or direction to the Client. I f 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.
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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.
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Term:
This Agreement will begin with an initial package term and may continue thereafter if Client chooses with an additional package.
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Cost:
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Client agrees to pay styling fees with the following payment options: check, cash and/or credit card (Visa, Mastercard, Discover, American Express),
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Assessment Fees and Package Services are payable at the time of the contract signing.
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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.
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Client agrees that styling fees in arrears of 30 days or more are authorized for credit card payment processing.
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Client agrees that any fees not paid timely (within 60 days of invoice) are subject to an interest charge of 10% per annum.
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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.
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Refunds & Exchanges:
Client acknowledges and agrees that there will be no refunds or exchanges for any reason. All services purchased from Tanisha Mark Stylist are purchased by each client to be used within 12 months of the original signed contract. By purchasing services with Tanisha Mark Stylist, you are confirming that you have read and understand our no refunds or exchanges policy.
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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 oruse 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 an de-mail may not be secure from eavesdropping.
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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.
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Dispute Resolution:
Any controversy or claim arising out of, or relating to, this Agreement or 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 appinted by the courts. If the dispute is not resolved by mediation of not less than six hours duration, the dispute shall be settled by binding arbitration in Travis County, Texas. 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 any of 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.
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Attorney's Fees:
In the event of any dispute, litigation or arbitration between the parties, the non-prevailing pary 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.
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Damage Limitation and Liquidated Damage:
The parties agree and acknowledge that Stylist is not a guarantor nor an insurer and that the fees provided 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 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), 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: (1) Indirect, special, incidental, consequential, exemplary, or punitive damages, or (2) loss of use, data, business, revenues or profits (in each case whther direct or indirect), even if stylist is advised of the possibility of such damages or such damagaes are foreseeable.
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Cancellation, Rescheduling and No-Shows
Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Stylist to render Services due to the fault of the Client or parties related to Client, such as failure of one or more essential parties to show up in a timely manner, Client shall provide notice to Stylist as soon as possible via the Notice provisions detailed in this Agreement. Stylist has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Stylist to provide the Services due to the fault of Client (or parties related to Client), and Stylist will not be obligated to refund any monies Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up, or should it become impossible for Stylist to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing.
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Impossibility
Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:
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A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
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War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
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Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism; or
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Material shortages, labor disputes, transportation delays.
Stylist’s time for delivery or performance will be extended by the period of such delay.
General Provisions
Governing Law. The laws of Texas govern all matters arising out of or relating to this Agreement, including torts.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Nature of Agreement: 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.
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INQUIRIES. If you have any questions or concerns regarding these Terms please contact us via our Contact Page Form, located at: tanishamarkstylist.com/contact.