Terms
The following Terms and Conditions of Service apply to makeup and styling services provided by House of Fuqua. House of Fuqua carries out all makeup and styling services with the understanding that the Client has agreed to abide by the terms and conditions outlined by House of Fuqua. The Terms and Conditions of House of Fuqua are subject to change at any time without notice. Toni Fuqua operating as House of Fuqua with responsibility and company liability will handle all personal information you provide. The Client always have the right to request Toni Fuqua to delete or correct your personal information
Retainer
Client shall reserve the time and date of Company services by signing and returning contract and waiver along with a non-refundable retainer for the following services:
Bridal: Equal to 50% of the entire fee. Proposal and the Agreement becomes canceled, if retainer is not paid within seven (7) days of receipt of signed contract. The final balance is due (1) month before the wedding date as one payment. If final payment is not received (1) month prior to the wedding date the services will be canceled. NO PAYMENTS will be accepted the DAY OF THE WEDDING. In the event Client fails to remit payment as specified, or if Client’s final invoice is not paid (1) month before the event date, Company shall have the right to immediately terminate this Agreement with no further obligation and retain any monies already paid as liquidated damages. Special Occasion: Equal to 50% of the entire fee. The final payment is due 72 hours prior to service. If final payment is not received 72 hours prior to services, the service will be canceled. Styling: 100% of the entire fee.
The person responsible for the final payment is either the Client who has signed the Agreement or the person he/she has indicated on the Agreement. Company reserves the date and time, hires contractor(s) if necessary, and does not accept any other clients for the specified date and time, after obtaining a signed agreement and retainer, Client may not reduce the number of services booked. The fees in this Agreement are based on the Company's current pricing at the time of booking. The price list is adjusted periodically, and future bookings will be charged at the prices in effect at the time.
Early Morning Premium Fee
Client understands and agrees that any services provided by Company that begin before 8:00am EST will be charged $50.00.
Additional Assistants Fee
In the event of a Client's party 5 persons or more an additional fee of $150.00 will be charged per additional assistant provided by the Company.
Travel Fees
A travel fee will be incurred for travel extending beyond (30) miles radius of HOF Studio.
Airfare and Accommodation Fee
Client is responsible for all costs associated for the destination booked event. Costs may include, but not limited to: airfare, hotel, transportation, parking, per diem, service incidentals and all taxes.
Parking Fees
Client is responsible for all parking, valet or toll fees which may be incurred, the predetermined amount will be included in the invoice per styling/makeup artist.
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 5 to 10 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 15 to 30 days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice. The retainer and all other payments made by Clients up to the date of Notice of a Force Majeure Event are non-refundable. In the event this Agreement is terminated due to the impossibility of the Impacted Party to cure its performance obligations, such payments shall be credited to Client’s account and must be used within one year (12 months), provided Company is available from the date of Notice of the Force Majeure Event. Company will give Client first choice of all available dates on its calendar within the [12] month period.
Cancellation of Services by Company
In the event Company determines in its sole discretion that cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, religious obligations, or other personal emergencies, it will:
1. Immediately give Notice to Client;
2. Attempt to find another competent professional to take its place with the mutual agreement of Client;
3. If another competent professional is not available or Client does not agree to transfer of obligations to said alternate professional, Company will issue a full refund or credit based on a reasonably accurate percentage of services rendered; and
4. Excuse Client of any further performance and/or payment obligations in this Agreement.
Cancellation of Services by Client
If for any reason Client cancels this Agreement more than 30 days before the event date, Company will keep the retainer, but Client will not be responsible for any remainder due. Notification of cancellation must be made in writing by Client and sent via email, pursuant to the Notice provision. Confirmation of receipt of notification email by Company must be obtained.
Rescheduling/Postponement
For any reason Client reschedules the event more than [60] days before the event date, Client will receive credit for all monies already paid. Notification of rescheduling must be made in writing by Client and sent via email, pursuant to the Notice provision. Confirmation of receipt of notification email by Company must be obtained. Retainer credit may be applied only to services within [one year (12 months)] of original date, provided Company is available. Company will give Client first choice of all available dates on its calendar within the [12] month period. After the first courtesy postponement, in the event Client reschedules the event again, a rescheduling fee of $200.00 will apply for each subsequent postponement thereafter and Company reserves the right to increase makeup service pricing.
Artistic Style
Client has spent a satisfactory amount of time reviewing Company’s styling and makeup artistry and has a reasonable expectation that the services delivered will be in a similar manner and style as indicated on Company’s website, social media, and photographs. Client understands and agrees that (1) Styling and Makeup artistry is a subjective art and Company has a unique vision, with an ever-evolving style and technique; (2) Company shall have final say regarding the final product; (3) Dissatisfaction with artistic style and ability are not valid reasons for termination of this Agreement or request of any monies returned. Company is a service-based company and is paid as such. If Client is dissatisfied at any time, please contact the Company to discuss the matter at hand.
Subcontractors
Client understands and agrees that it is hiring Company for its services, and that Company may subcontract services for Client’s event. All contractors represent the Company with the same professional standards and requisite training and/or certifications. While Client may request a specific professional, Client understands and agrees that it is not a guarantee. Company reserves the right to make adjustments as it sees fit. If any liability issues or breach of this Agreement occurs related to the services provided by the subcontractor, the subcontractor shall be the responsible party. Although all care by Company is taken to provide professional and exceptional contractors, Company shall not be responsible for the subcontracted services provided, equipment, or performance of services.
Client Responsibilities to be Ready for Makeup Services
Client understands and agrees that it is her and her agents’ responsibility to have all faces freshly washed and completely dry for makeup on the event date. For best makeup artistry results, Client shall provide the Company with a cool, well-lit room, whether by means of natural light or by lamps with ample air conditioning for temperature control and anti-humidity purposes. Location of services for the event will be at the discretion of Client. Client and Client’s agents shall arrive for scheduled services ready to start makeup application.
Timeliness is imperative for the makeup application. Agreement Summary above will contain a Time initial and approved by Client. Each makeup application requires a certain length of time to be finished and is not to exceed the time limit. When reserving your date, book accordingly. Any additional makeup needs outside agreement will only be performed at the discretion of the Company. Client and Client’s agents involved in makeup appointments need to be available at the scheduled time in order not to void the agreement. All makeup for more than one Client and Client’s agents must be at the same location and consecutive in time (no gaps in between).
Company is not responsible for compromised services due to causes beyond its control such as the lateness of the bride, groom, family members and bridal party members or other principles, weather conditions, or event schedule complications. A grace period of up to 15 minutes will be given for scheduled makeup services.
Posting on Social Media
If Client or Client’s family and friends post a photograph of Company or Company’s agents or equipment on social media, he/she must tag “House of Fuqua”. They can either link to the Company's Facebook/Instagram page or type in the website address: www.tonifuqua.com.
Use of Event Images
Company will request all professional photographs from the photographer hired by Client. Company reserves the right to view and use any professional photographs for promotional purposes, unless otherwise expressly stated by Client in writing. Client agrees to release any and all claims regarding use of his/her images or agents’ images for such purposes.
Model Release
This Agreement serves as a model release giving House of Fuqua LLC the irrevocable right to use photographs of the Client, Client’s family and friends, and guests taken by a professional photographer and by Company or Company’s assistants’ smart phones for marketing, advertising, trade, promotion, exhibition, or any other lawful purposes.
Harassment
Client shall ensure the appropriate behavior of all people at the event while the Company is conducting services. In the event Company or any of its agents experience any inappropriate, threatening, hostile or offensive behavior from any person at the event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature), Company will terminate services immediately and leave the event. Company shall be entitled to retain all monies paid and Client agrees to relieve and hold Company harmless as a result of incomplete services.
Safe Working Environment
Client understands and agrees that the Company maintains a safe work environment at all times and complies with all health and safety laws, directives and rules and regulations. Client understands and agrees that during the event they and their agents shall not carry weapons or firearms, be exposed to severe illness, or request the Company to do anything illegal or unsafe. Further, the Company 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. Client understands and agrees that during the event, the Company will not provide services where contagious infections, but not limited to, such as pink eye (conjunctivitis) or cold sores/fever blisters are present. Under such occurrences, the Company reserves the right to terminate services immediately and/or leave the event. Company shall be entitled to retain all monies paid and Client agrees to relieve and hold Company harmless as a result of incomplete services.
Communication
Company’s primary source of communication is through email at info@tonifuqua.com. Company will respond to Client’s emails no more than 72 hours after Client emails Company. Client understands and agrees that it is his/her responsibility to also respond to the Company within a timely manner to ensure there is no breakdown of communication. Company will provide Client personal cell number a few days before services so Client can get in immediate contact with Company.
Limitation of Liability
All brushes, tools and makeup products are kept sanitary and are sanitized before and after every makeup application. Makeup products used are skincare based and/or hypoallergenic. Any skin condition should be reported by Client to the Company prior to application and if need be, a sample test of makeup may be performed on the skin to test reaction. Client agrees to release the Company, its owners, and all employees and agents from liability for any skin complications due to allergic reaction.
Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.