In consideration of the mutual
covenants herein contained and other good and valuable consideration, the
parties hereto agree as follows:
1. Scope
of Work. The Client engages the Company
to furnish the work described in the Payment Schedule attached to
this Agreement, which Schedule is specifically incorporated herein by
reference, at the times specified in said Schedule and all correspondence including but not limited to electronic messages (email and text messages), postal/courier mail services and the like (the “Services”).
A pre-event
consultation during which hair styled and makeup applied in an effort to find
the appropriate image the bride is requesting (the “Trials”) is included as
part of most services, at the rate shown herein. (Include
date and time of event, as well as date and time of “trials”.)
2. Payment. The Client agrees to pay the Company in
accordance with the payment terms set forth in the Payment
Schedule attached to this Agreement (the “Payments”), and the Company agrees to
accept such amounts as full payment for the services and shall provide such
receipts as the Client shall request in order to acknowledge payment. Additionally, Client will reimburse the
Company for expenses incurred in the course of providing the Services. Said expenses will be specifically listed on
all billing statements.
3. Enforcement. This Agreement is binding on the heirs,
personal representatives, successors and assigns of both parties, and shall be
interpreted in accordance with New York law.
All representations, indemnities and warranties contained in this
Agreement shall survive the completion of the transaction contemplated
herein. If any legal action or other
proceeding is brought for the enforcement of this Agreement, or because of an
alleged dispute, breach, default, or misrepresentation in connection with any
revision of this Agreement, the successful prevailing party or parties shall be
entitled to recover all attorney’s fees and all other costs incurred in that
action or proceeding, in addition to any other relief to which it may be
entitled.
4. Notices. All notices, requests, demands and other
communications under this Agreement shall be in writing, shall be deemed to
have been duly given on the date of service if personally served on the parties
who notice is to be given, or on the second day after mailing if mailed to the
parties to whom notice is given, by first class mail, postage prepaid, and
properly addressed as per the above Client address and the below Company address. Any party may change the address for the purpose of
this paragraph by giving the
other written notice of the new address in the manner set forth above.
5. Entire
Agreement. This Agreement sets forth the
entire agreement between the Company and Client and there are no undertakings,
covenants or commitments other than as set forth herein. This Agreement may not be altered or amended,
except by a writing executed by the party against whom such alteration or
amendment is to be enforced.
6. Choice
of Law. This Agreement, and all suits
and special proceedings under it, shall be construed in accordance with, and
under, and pursuant to the laws of New York, and in any action, special
proceeding, or any other proceeding that may be brought or rising out of, in
connection with, or by reason of this Agreement, the laws of New York shall be
applicable and shall govern to the exclusion of the laws of any other forum,
without regard to the jurisdiction in which any such actions or special
proceeding may be instituted. The
Company and Client agree that it is a material part of the bargain that New
York Law govern all disputes.
7. Choice
of Forum. Any action at law, suit in
equity and judicial proceeding arising directly, indirectly or otherwise in
connection with, out of, related to or from this Agreement, or from the
business relationship evidenced by this Agreement, shall be litigated only in
the courts in the State of New York, County of Queens. Parties hereto waive any right that they may
have to transfer or change the venue of any litigation resulting hereunder.
8. Release. Client warrants that Client has fully
disclosed all allergies and, in consideration of the services to be rendered to
Client by Company, the Client hereby waives any claim or cause of action that
may arise out of the provision of the Services. Company is not responsible for
any of the injuries that may be sustained as a result of the provision of the
Services.
9. Limitation
of Liability. The parties to this
Agreement specifically agree that, because any damages arising from or related
to the provision of the Services under this Contract can not be readily
ascertained by any pecuniary standard, the damages shall be limited to an
amount equal to the Payments made pursuant to this Agreement. Under no circumstances shall either party be
liable to the other party or any other person or entity special damages,
incidental damages, consequential damages, or exemplary or punitive damages.
10. Termination.
This agreement may be terminated by client with thirty days written notice. The
Company may terminate this agreement if the client fails to pay for services at
the specified time, or in the event of Client’s insolvency or filing for
bankruptcy, or if the Company deems that its prospect of payment is impaired.
WHEREFORE, the
parties hereto have executed this Agreement as of the date first written above
in this electronic agreement.
MG Hair and Makeup: MG Hair and Makeup
By: Megan Garmers 4-75 48th Avenue, #607
Its: Director Long Island City, NY 11109
