TERMS AND CONDITIONS

Terms

 

 

Services

Gracious Esthetics Ltd. shall provide Client with the following services and/or products ("Services"):

 

Location and Delivery of Services

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Location. Provider shall deliver Services to Client at the location confirmed after Client's booking for privacy reasons.

 

Delivery of Services. Provider will provide all Services by unless otherwise specified in this Agreement.  When the provided Services are tied to the number of guests that Client expects to attend Client's wedding or other event, Client agrees to notify Provider with an accurate guest count.

 

 

Cost, Fees and Payment

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Cost. The total cost ("Total Cost") for all Services is  due in full by the completed service or by the discretion of the esthetician.

 

Exclusivity

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Exclusivity. Client understands and agrees that he or she has hired Gracious Esthetics Ltd. exclusive of any other service provider. To provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Gracious Esthetics Ltd. hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

 

Intellectual Property

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Copyright Ownership.  In the event that any copyrighted work(s) are created as a result of the Services provided by Gracious Esthetics Ltd. in accordance with this Agreement, Gracious Esthetics Ltd. owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Gracious Esthetics Ltd. and may be used in the reasonable course of Gracious Esthetics Ltd. business.

Permitted Uses of Product(s). Provider grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Gracious Esthetics Ltd. with attribution each time Client uses Gracious Esthetics Ltd. property. Personal use includes, but is not limited to, use within the following contexts:

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1. In photos on Client’s personal social media pages or profiles; or

2. In personal creations, such as a scrapbook or personal gift; or

3. In personal communications, such as a family newsletter or email or holiday card.

 

 

Artistic Release

 

Style. Client has spent a satisfactory amount of time reviewing Gracious Esthetics Ltd. work and has a reasonable expectation that Gracious Esthetics Ltd. will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

Consistency. Gracious Esthetics Ltd. will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Gracious Esthetics Ltd. current portfolio and Gracious Esthetics Ltd. will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

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1. Every client is different, with different tastes, budgets, and needs;

2. All the services are often a subjective art and Provider has a unique vision, with an ever-evolving style and technique;

3. Gracious Esthetics Ltd. will use background education and artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;

4. Although Gracious Esthetics Ltd. will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Provider shall have final say regarding the aesthetic judgment quality of the Services;

5. Dissatisfaction with Gracious Esthetics Ltd. aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

 

Limit of Liability

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Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Gracious Esthetics Ltd.

Indemnification. Client agrees to indemnify, defend and hold harmless Gracious Esthetics Ltd. and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Gracious Esthetics Ltd.  provides to Client.

 

Cancellation, Rescheduling and No-Shows

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Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Gracious Esthetics Ltd. to render Services due to the fault of the Client or parties related to Client, such as failure to occur or failure of one or more essential parties to show up in a timely manner, Client shall  provide notice of 24h prior to the visit via the Notice provisions detailed in this Agreement. Gracious Esthetics Ltd. 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 Gracious Esthetics Ltd. to provide the Services due to the fault of Client (or parties related to Client), and Gracious Esthetics Ltd. 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 for the project, or should it become impossible for Gracious Esthetics Ltd.  to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing.   For instance, if Gracious Esthetics Ltd. is able to secure another, unrelated client for then Gracious Esthetics Ltd. may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost. 

 

Impossibility

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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 [number] 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 Majeure 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 [number] days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.

 

Failure to Perform Services. In the event Gracious Esthetics Ltd. cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

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1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and

2. Attempt to find another competent professional to take its place with the mutual agreement of Client(s);

3. If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Company will issue a refund or credit based on a reasonably accurate percentage of services rendered; and

4. Excuse Client(s) of any further performance and/or payment obligations in this Agreement.

 

Appropriate Conduct/ Safe Working Environment:

 

Health & Safety. Client(s) further understand that Gracious Esthetics Ltd. complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during the procedure Client(s) and Client(s)’ agents shall not carry weapons or anything that can endanger the estheticians.  Further, Gracious Esthetics Ltd. 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 any of these circumstances, Gracious Esthetics Ltd. reserves the right to end service coverage immediately and/or leave the [event/wedding/session]. Gracious Esthetics Ltd. shall be entitled to retain all monies paid and Client(s) agree to relieve and hold Gracious Esthetics Ltd. harmless as a result of incomplete event coverage, or for a lapse in the quality of the Gracious Esthetics Ltd. work.

 

General Provisions

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Governing Law. The laws of Gracious Esthetics Ltd. govern all matters arising out of or relating to this Agreement.
 

Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

1. Email

   1. Gracious Esthetics Ltd. Email: graciousestheticsltd3@gmail.com

 

Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

 

Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.