Termination and/or Withdrawal.
Last Update: August 2023 (previous update April 2021)
1. Cancellation Policy.
CUSTOMER'S CANCELATION:
Customer may terminate the Agreement within 60 days after confirmation or signing of the Agreement, nothing will be due to Service Provider and the Deposit paid will be fully refunded (minus Stripe or payment gateway commisions), after 60 days deposit will not be refunded.
Later cancellations will be regulated as follows:
• Up to 30 days before the Wedding Day, Service Provider shall ask for the payment of the 50% of Fees agreed by way of loss of earnings.
• From 29 to 3 days before the Wedding Day, Service Provider shall ask for the 80% of the Fees agreed by way of loss of earnings.
SERVICE PROVIDER'S CANCELATION:
Should Service Provider withdraw from this Agreement, the following cancellation terms shall apply:
• If the withdrawal is communicated to Customer up to 30 days before the Wedding Day, Service Provider shall return the Deposit to Customer.
• If the withdrawal is communicated from 29 to 6 days before the Wedding Day, not only shall Service Provider return the Deposit paid, but Service Provider shall also refer to Customer a colleague with the same level of experience who will provide the same Services in place of her.
2. Entire Agreement. This Agreement, including and together with any related exhibits, schedules, attachments, and appendices, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
3. Notices. All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a “Notice”, and with the correlative meaning “Notify”) must be in writing and addressed to the other Party at its address set forth below (or to such other address that the receiving Party may designate from time to time in accordance with this Section). Unless otherwise agreed herein, all Notices must be delivered by email or mail (in each case, return receipt requested). Except as otherwise provided in this Agreement, a Notice is effective only (a) on receipt by the receiving Party; and (b) if the Party giving the Notice has complied with the requirements of this Section 3.
4. Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement to effect the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
5. Amendments. No amendment to this Agreement is effective unless it is in writing and signed by each Party.
6. Assignment. Service Provider shall not assign, transfer, delegate, or subcontract any of its rights or obligations under this Agreement without the prior written consent of Customers. Any purported assignment or delegation in violation of this Section 6 shall be null and void. No assignment or delegation shall relieve the Service Provider of any of its obligations hereunder. Customers may at any time assign or transfer any or all of its rights or obligations under this Agreement without Service Provider’s prior written consent.
7. Choice of Law. This Agreement and all related documents are governed by, and construed in accordance with, the laws of the State of Italy. ANY LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR BASED UPON THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY MAY BE INSTITUTED IN THE COURT OF VICENZA, ITALY.
8. Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. Notwithstanding anything to the contrary in this Section 8, a signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
9. Liability. All the materials provided by Service Provider belong to Service Provider. After the Event the Service Provider will verify the integrity of the materials, and that the number of the items corresponds to the one of the materials delivered before the Event. In case any of the items will be missing the Customer will be held liable for any damages incurred to the items.
10. Force Majeure and Limitation of Liability: No Party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its reasonable control including, but not limited to, acts of God (such as hurricanes, earthquakes, flooding), fire, government restrictions (eg. including the denial or cancellation of any travels within Italy or from/to the USA or from/to Italy), wars, pandemic, terrorist acts, insurrections and/or any other cause beyond the reasonable control of the Party whose performance is affected.
Should Customer cancel the Wedding Day as a consequence of one of the aforementioned force majeure events, the Deposit will not be refunded as it is used to cover the Services already provided by Service Provider such as trials, email and calls, consultation and study of hairstyle and makeup, and to pay taxes on the Deposit. Should Customer decide to postpone the Event to a later date, the Deposit already paid will be transferred to confirm the Services for the new wedding date.
11. IMPEDIMENTS RELATED TO COVID-19: Should Italian national regulations prohibit or limit the possibility of celebrating events and / or ceremonies due to the epidemiological emergency from COVID-19, on the Event date, Service Provider will use reasonable efforts to work with Customer to produce the Wedding within Twelve (12) months.
In case of a postponement of the date of the Event, the Fees agreed by the parties will remain unchanged, and the Deposit paid will be retained by the Service Provider for the new date.
Similarly, a new date will be agreed upon if the Italian national regulations, or those of the country of origin of the Customer, issued in relation to the epidemiological emergency from COVID-19, prohibit them from reaching the Italian territory on the date set for the Event or imposes a quarantine for Customer either in Italy or on its return to its own country.
Should Customer, in the preceding cases, prefer to cancel rather than postpone the Event, the Deposit will not be returned to Customer.
This Section will apply only if any Italian laws or any laws enacted by the government of the Customer’s country of origin will prohibit Customer from traveling to Italy and then back to its own country on the Event’s date, or if any Italian laws will prohibit events on the scheduled Event’s date. In any other instance, the express intent of the Customer to not willing to celebrate the event on the agreed date, shall be considered an unilateral withdrawal of the Customer. In such a case, the cancelation policies of Section 1 will apply. Parties shall notify their intention to terminate this agreement according to Section 3.
12. Photography: Service Provider is entitled to use pictures of Customer's hairstyle and make-up on its website and social media channels for promotional purposes.
13. Responsibility for Subcontractors. Pursuant to the provisions of this Agreement, Service Provider shall be fully responsible for the acts or omissions of its Artists, their substitutes and all others it hires, engages, or contracts with to perform or assist in the performance of the Services. Service Provider shall ensure that each Artist complies with all applicable specifications and obligations needed to fully perform this Agreement. Service Provider shall indemnify, defend and hold harmless Customer from and against any and all claims and liabilities, including all costs and expenses, arising out of or in any way connected with any actual or alleged action or failure to act by Service Provider and/or Artists or its agents.