1. CONFIRMATION OF BOOKING

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1.1. This contract will only come into operation upon receipt of payment of the non-refundable booking fee of 50% of the total amount.
1.2. Should the payment not be received within 14 days The Makeup Artist is under no obligation to reserve a date nor perform any other duties, as set out in this contract, if it was not discussed in advanced.
1.3. It is the Client’s duty to ensure that the payment has been received and that the date is confirmed by The Makeup Artist.
1.4. If the non-refundable booking fee is paid before or without returning the signed terms and conditions, it will be considered that the client is in agreement with all of the terms and conditions.
1.5. To confirm a booking, a copy of the signed contract and proof of payment must be mailed to The Makeup Artist at muareglula@gmail.com

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2. PAYMENT

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2.1. Final outstanding balance and any additional costs must be paid no later than 14 days before the event.
2.2. If a booking is made within 14 days, full payment as well as all required documentation will be required within 24 hours of booking confirmation.
2.3. Cash or EFT are acceptable forms of payment.

2.4. Payment due dates must be strictly adhered to, to avoid cancellation of the booking.
2.5. The Makeup Artist reserves the right to cancel any bookings without notice and/or liability to the Client, if the Client does not adhere to the payment dates.
 

3. POSTPONEMENT AND CANCELLATION

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3.1. The Makeup Artist reserves the right to cancel this Agreement at any time during the following instances:
  3.1.1. A conflict of interest arises between the parties, nominated person, Client or any other person affiliated with the Client;
  3.1.2. The Makeup Artist is unable to perform their duties; and
  3.1.3. Should no proper instruction be provided by the Client to The Makeup Artist.
3.2. In the event of the Client postponing and/or changing the originally booked event date and The Makeup Artist is not available on the new date, the agreement will be cancelled of which the following conditions will apply and the client will be liable for:
  3.2.1. all deposits if not already paid in full;
  3.2.2. any discounts allowed;
  3.2.3. any additional costs incurred for rendered services that exceed the deposit amount;
3.3. Any and all deposits paid in terms of this agreement are non-refundable.
3.4. Any cancellation of this agreement must be done in writing and all outstanding fees/deposits must be paid within 14 days of such cancellation notification and signed by the bride.
 

4. MITIGATING OF LOSSES

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4.1. Should the Client cancel the date due to a change in date the company will:
  4.1.1. Try and mitigate loss by either accommodating the client on an alternative date; or
  4.1.2. Try and re-book the specific date or event.
4.2. If The Makeup Artist can re-book a date or an event the losses suffered as set out above will be adjusted for the client to the minimum actual losses.

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5. TRAVEL FEES

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5.1. A travel fee will be charged R6,5 per/km from Meerensee, Richards Bay and back.
5.2. Should The Makeup Artist be required to travel more than 200km radius measured from Meerensee, Richards Bay to the event venue the Client agrees to the following:
  5.2.1. Pay The Makeup Artist rate mentioned above and provide accommodation options for the Artist and assistant;
5.3. The Client must provide The Makeup Artist with:
  5.3.1. A detailed description of the road conditions leading to the location and
  5.3.2. accurate directions to the venue
7 days prior to the event in writing. This is especially important where the venue is situated in a rural or outlying area that may require a 4×4 vehicle.

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6. TRIAL MAKEUP AND HAIR STYLING CONSULTATION

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6.1. A trial makeup consultation may be booked for all packages, if not included in the package it will be charged separately.
6.2. All fees in respect of the trial makeup consultation must be paid in full prior to the said consultation.
6.3. A trial makeup service is limited to a consultation of 1.5 hours for each service and timed from the time allotted. Should the Client be late for the consultation, the consultation will not be adjusted to make up for this time.
6.4. The Client must notify The Makeup Artist at least 24 hours in advance to reschedule a trial should the Client not be able to attend, otherwise it will be considered missed appointment and added to the final balance or the amount paid for the consultation be forfeited.
 

7. EVENT DATE

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7.1. The Client will agree to a start and end time for all parties requiring makeup on the day. No less than 40 minutes per person and 1 hour for the Client per service.
7.2. All times must be communicated to The Makeup Artist 5 days prior to the event.
7.3. Any additional makeup needs not included in the Client’s package will only be performed at the discretion of The Makeup Artist , and may be charged separately.
7.4. All persons involved in makeup appointments must be available at the scheduled time of said appointment. No adjustments will be made to the allotted times if the said person is late.
7.5. Makeup will only be done at one location and consecutive time appointments must be arranged.

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8. SATISFACTION GUARANTEED

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8.1. Makeup will be completed to the Client’s satisfaction, but is not to exceed allotted makeup time.
8.2. Acceptance of completed makeup application or hair styling by Client is acknowledgement that makeup is done to his/her satisfaction.

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9. SERVICE REQUIREMENTS ON EVENT DATE

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9.1. Location of the service for the day-of- event will be at the discretion of the Client.
9.2. The following must be made available to The Makeup Artist at the location:
  9.2.1. A table or work area;
  9.2.2. Working electrical outlets;
  9.2.3. A high chair or bar stool (if not available, it is the Client’s responsibility to inform The Makeup Artist at least 24 hours prior to the event).
  9.2.4. All parties to receive makeup is responsible for his/her own button down shirt or dressing gown while receiving makeup. (The Makeup Artist will not be held responsible for makeup on any clothing, although precautions will be taken to avoid this.)

 

10. ALLERGIC REACTIONS AND CONTRAINDICATIONS

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10.1. Due to the nature of the service provided, the Client agrees that he/she will communicate at least 48 hours prior to makeup application and skin allergies or conditions that may affect or react to any makeup.
10.2. All brushes, tools and makeup products are kept sanitary and are sanitized between every makeup application.
10.3. The Makeup artist reserves the right to not use any product on a person or Client should The Makeup Artist suspect a possible allergic reaction.
10.4. The Client understands and accepts that The Makeup Artist will not work on any skin infected areas, including cold sores or any other conditions that is contraindicated and could possibly contaminate the artists kit.

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11. LIMITATION OF LIABILITY

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11.1. The Makeup Artist will not be liable for and the Client will not have any claim of whatsoever nature against The Makeup Artist as a result of:
  11.1.1. The Makeup Artist not being able to provide services as a result of weather, fire, or any other sudden unforeseeable event that may prevent it from fulfilling its obligations;

  11.1.2. Any loss or damage to personal belongings of the Client or their guests, including parked vehicles;
  11.1.3. Any interruption of electricity, water supply and sanitary services;
  11.1.4. Any personal injury, death, illness etc. to the Client or their guests;
  11.1.5. Any damage, loss, cost or claim that the Client may suffer or incur arising from any cancellation or termination for any reason contemplated in this Agreement.
11.2. Save to the extent otherwise provided for in this Agreement or where the Client is entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, we do not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any product or service.

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12. FORCE MAJEURE

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12.1. Neither party is responsible for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure. A force majeure for purposes of this agreement is, which list is not exhaustive:
  12.1.1. war, whether declared or not, civil war, civil violence, riots and revolutions, acts of piracy, acts of sabotage;
  12.1.2. natural disasters such as violent storms, cyclones, earthquakes, floods and destruction by lightning;
  12.1.3. acts of authority, whether lawful or unlawful, apart from acts for which the Party seeking relief has assumed risk; and
  12.1.4. acts and omissions of any other electronic communications provider or any utility provider, including but not limited to       electricity ‘load-shedding’ activities.
  12.1.5. Any event declared an epidemic, pandemic or quarantines.
12.2. Where there is an event of force majeure, the party prevented from or delayed in performing its obligations under this contract must immediately notify the other party giving full particulars of the event of force majeure and the reasons for the event of force majeure preventing that party from, or delaying that party in performing its obligations under this contract and that party must use its reasonable efforts to mitigate the effect of the event of force majeure upon its or their performance of the contract and to fulfil its or their obligations under the contract.
12.3. Upon completion of the event of force majeure the party affected must as soon as reasonably practicable recommence the performance of its obligations under this contract.
12.4. An event of force majeure does not relieve a party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event.
12.5. The Makeup Artist has no entitlement and the Client has no liability for:
12.6. any costs, losses, expenses, damages or the payment of any part of the contract price during an event of force majeure; and
12.7. any delay costs in any way incurred by The Makeup Artist due to an event of force majeure.

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13. BREACH

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13.1. Should either party be in breach of this agreement the other must notify the defaulting party of the breach via email to and if the breach is not remedied within 10 business days from date of sending the email the party may:
  13.1.1. Cancel this agreement and retain any deposits or sums paid to The Makeup Artist and claim further damages if the amount exceeds the amount retained.
  13.1.2. Claim immediate performance and/or payment of the Client’s obligations in terms hereof.

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14. ACCREDITATION

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The Makeup Artist retains the right to publish and display any images of the service rendered in The Makeup Artist’s portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the service in connection with such uses. Either party, subject to the other’s reasonable approval, may describe its role in relation to the service and, if applicable, the services provided to the other party on its website and in other promotional materials, and, if not expressly objected to, include a link to the other party’s website.

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15. COMPLAINTS PROCEDURE

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15.1. Any complaint raised by the Client, must be communicated through the correct channels and directly to The Makeup Artist.
15.2. The Client hereby agrees to provide The Makeup Artist with an opportunity to correct the situation within reasonable time and attend to the necessary in order to resolve the complaint.
15.3. The Client agrees that no complaint or defamatory remarks may be posted on any social media platform whatsoever. Should the Client or any of its guests post any defamatory remarks on a social media platform the Client will remain liable for any damages suffered and will be required to remove such remarks immediately.
15.4. The Makeup Artist reserves the right to institute legal action against the Client and/or its guest for any damages suffered to its reputation or name.

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16. GENERAL

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16.1. The parties agree that this Agreement constitutes the whole of the Agreement between them and that no other Agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement will be binding on the parties.
16.2. The Client agrees that any legal notices may be sent via email.
16.3. The Client warrants that as at the date of signature of this Agreement, all the details provided by the Client to The Makeup Artist are true and correct and that the Client will notify The Makeup Artist in the event of any change to such details.
16.4. The Client may not sell, cede, assign, delegate or in any other way alienate or dispose of any or all of your rights and obligations under and in terms of this Agreement without the prior written approval of The Makeup Artist.