TMB Makeup Artistry Terms of Service 2022

I. General

A. These are the terms and conditions for all makeup application services with TMB Artistry.
B. Each new client will have to sign a Service Agreement as a part of the booking process. The Agreement will be specific to the Client’s needs.
C. When booking / retaining TMB Makeup Artistry, these terms and conditions outline the agreement and all contractual obligations made between Lisa S. Singleton, of TMB Makeup Artistry, LLC, hereinafter referred to as “Artist,” and the future client hereinafter referred to as “Client.”

II. Purpose

A. The Client hereby engages the Artist to provide Makeup Application Services (“Services”) on the date and time agreed, at the location determined by the Client.
B. The Artist agrees to perform these Services for the Client and any other persons to receive indicated by the Client included in this Contract (“Attendants”), under the Terms and Conditions set forth in this Contract. In consideration of the mutual promises and obligations set forth in this Contract, it is hereby agreed between the Client and Artist.
C. This Agreement does not make the Artist an agent or employee of the Client for any purpose, the Artist shall at all times be considered as an Independent Service Provider.
D. Specific Makeup Application Services require a signed service agreement that will contain the type of makeup Service, number of people receiving the service, required date, time, location, payment, fees, and any other specific information particular to the Client’s specific booking.

III. Client’s Obligation

A. The Client agrees to a signed contract for TMB Makeup Artistry, LLC to provide makeup services on the date and time agreed.
B. The Client agrees to pay all rates and fees in accordance with the Payment provision. The Client is responsible for Artist's traveling fees, accommodation fees, toll fees, and parking fees in accordance with the Travel/accommodation provision.
C. The Client will be responsible for collecting payment from every person or persons receiving services. Regardless of any personal agreements made between the Client and any of their Attendants, the Client agrees to assume all responsibility for fees not paid by their Attendants to the Artist in accordance with the Payments provision.
D. Prior to or during “Servces,” the Client and Attendants will inform TMB Makeup Artistry, LLC of all skin-related allergies and all sensitive skin information.
E. The Client agrees to the necessary time needed, as advised by TMB Makeup Artistry, to perform makeup services for any person with discoloration, hyper/hypopigmentation, or other additional skin needs for a well-applied makeup application.
F. Client agrees to provide (1) a clean and safe environment to perform on location makeup services, and (2) a clean table or work surface for optimal makeup application. Where in Services as described, by providing an appropriate area (“set up” table/flat surface) to work from, ample appropriate lighting by means of natural light or by lamps, and electrical outlets must also be made available for use. A chair or bar stool is requested but not necessary. Please stipulate if any of the above cannot be provided. Failure to provide for an adequate location may result in a less satisfactory result, for which the Artist shall not be held liable. The Artist will not be held liable for any injuries that should arise while on location. Remember to wear a button down shirt to preserve the makeup while getting dressed.

IV. TMB Artistry Obligation

A. TMB Makeup Artistry, LLC agrees to perform these services for the Client under the terms and conditions set forth in this contract.
B. The Artist shall provide Services with due skill, time, diligence and care at the location, on the date and time agreed.
C. The Artist shall use their own products in the provision of the Services, unless otherwise agreed upon. If the Artist is unable to perform agreed Services for any unforeseeable reason, or unavoidable situation, the Artist agrees to arrange for an equally qualified Makeup Artist/Hair Stylist/Assistant to complete the agreed upon Services for the same agreed upon terms of payment in accordance with this Agreement.
D. The Artist shall use appropriate sanitary practices.
E. The Artist shall be responsible for sub-contracting additional Makeup Artists/Hair Stylists/Assistants for large parties in order to perform the Services required in an appropriate time frame in accordance with the Services provision.
F. The Artist is the sole director of the Services, and shall not be responsible for a less satisfactory result as the result of any interference in such direction by the Client or person present at the appointment.
G. TMB Makeup Artistry, LLC reserves the right to refuse services based upon the professional opinion of the Artist if and when adverse conditions will result in a poorly executed makeup application.

V. Bookings, Deposits, and Appointment Retainer

A. Bookings should be made at least 14 days prior to the date of service, but not required. Bookings made the day before requested services will incur a late appointment fee.
B. A start and end time will be arranged and scheduled. Please note that each service requires a certain minimum amount of time to be completed.
C. When reserving your date and time, book with this timing in mind. Any additional services outside this contract will only be performed at the discretion of the Artist.
D. All persons involved in services need to be available at the scheduled times of said appointment, failure to do so may result in a breach of this agreement. Services for more than one person must be at the same location.
E. If your booking is for 4 or more people, an assistant may be required to help on the day of event. The Artist shall only guarantee the performance of services on those included in this agreement.
F. The Artist may perform services on additional Attendants at her own discretion, at an additional cost, if time permits.
G. The deposit is non-refundable and non-transferable retainer of services outlined in this agreement. This is required to reserve your appoint time for Services. Please be advised, dates and scheduled service times will only be reserved when a signed service agreement and deposit are received with a proof of payment.
H. Deposits must be made upon receipt of the invoice and Service Agreement, but no later than 14 days after the invoice and service agreement have been issued.. Failure to pay the deposit will result in a canceled appointment.

VI. Double Booking

A. Due to potential scheduling conflicts, if prior bookings change time and/or locations, it may result in tardiness or inability to perform services for your booking. Although every effort shall be made to accommodate all parties, we adhere to the FCFS (The first to have come is the first to be served) policy whereby the requests of clients are attended to in the order that they reserve their services, without other biases or preferences.
B. You will be provided with the services of another artist if the booked Artist cannot personally provide you with services for your event due to a result of sickness, accidents, acts of God and other reasons beyond the Artist’s control.

VII. Payment

A. The full and final payment is due the day before Services are rendered – no exceptions.
B. The person(s) responsible for the entire balance of payment is the person(s) who has signed the booking contract.
C. Invoices are issued through Paypal. Credit / Debit Card, CashApp, Zelle, and cash are acceptable forms of payment.
D. Refunds are discussed in Part X. of the Terms of Service.

IX. Deposits

A. Bookings should be made at least 14 days prior to the date of service, but not required. Bookings made the day before requested services will incur a late appointment fee of $30.
B. A start and end time will be arranged and scheduled. Please note that each service requires a certain minimum amount of time to be codeposmpleted.
C. When reserving your date and time, book with this timing in mind. Any additional services outside this contract will only be performed at the discretion of the Artist.
D. All persons involved in services need to be available at the scheduled times of said appointment, failure to do so may result in a breach of this agreement. Services for more than one person must be at the same location.
E. If your booking is for 4 or more people, an assistant may be required to help on the day of event. The Artist shall only guarantee the performance of services on those included in this agreement.
F. The Artist may perform services on additional Attendants at her own discretion, at an additional cost, if time permits.
G. The deposit is non-refundable and non-transferable retainer of services outlined in this agreement. This is required to reserve your appoint time for Services. Please be advised, dates and scheduled service times will only be reserved when a signed service agreement and deposit are received with a proof of payment.
H. Deposits must be made upon receipt of the invoice and Service Agreement, but no later than 14 days after the invoice and service agreement have been issued. Failure to pay the deposit will result in a canceled appointment.

X. Additional Fees

A. The Client will assume all additional fees associated with travel or scheduling.
B. Fees include, but not limited to, travel outside of a 20-mile radius from TMB Makeup in Hampton, VA, Early Bird fee, tolls, parking fees, termination fee, late (emergency booking) fee, and rescheduling fee.
C. Additional fees associated with yur service will be outlined in the Client’s specific Service Agreement.

XI. Cancellation, No Show, and Termination of Services

A. The Artist reserves the right to terminate this contract immediately for any breach of terms, and the contract will become void and all monies given are non-refundable.
B. Cancellation and No Shows are defined as when The Client has paid the booking retainer fee and cannot be present to receive trial makeup services.
C. Termination is defined as when trial service has been rendered, and the Client wants to terminate the unperformed bridal makeup services.
D. The deposit retainer is forfeited if The Client cancels or is a no show. No refunds will be given. If the Client remits full payment of the Service and cancels or is a no show, no refunds will be given.
E. The Client can reschedule a Makeup Service for $30 fee.
F. The Client must rebook Services for a cancellations, no show, or no reschedule.
G. For Bridal Packages Only: after trial makeup services have been rendered and the Client decides to not use the services of TMB Makeup Artistry for wedding day Services, tthe deposit is forfeited and an additional $100 termination fee will be assessed.
H. For Bridal Packages Only: Refunds will be issued for any payments made toward Attendant Services if the Client cancels, is a no show, or does not reschedule. Refunds of payments toward Attendant Services will be given less the $100 termination fee if Client terminates the contract.

XII. Limitation on Liability

A. Client agrees not to hold TMB Makeup Artistry, LLC, its agents, assistants, and staff responsible for any allergic reactions or skin complications developed as a result of the make-up application that may occur to the Client and Attendants.
B. All brushes and makeup products are kept sanitary and are sanitized between every makeup application. Makeup products used are hypoallergenic.
C. The client should report any skin condition to the makeup artist prior to application and, if need be, a sample test of makeup may be performed on the skin to test reaction. If Client(s) have a serious skin/health conditions, the Artist will have to discontinue the service(s) due to hygiene complications.
D. The Client will be responsible for any damage or loss to the Provider’s equipment due to misuse by the Client or any guest of the Client and in the case of theft or damage (due, but not limited, to fire, flood, or earthquake). If the Provider judges the weather during the course of the Event to be inclement and thus unsafe, they reserve the right to cease operations for the safety of the equipment and of the Event’s attendees, in which case no refund will be given.
E. Pets should be contained in an area away from TMB Makeup equipment, tools, and makeup.

XIII. Mediation / Arbitration

A. Any dispute must first attempt to be resolved by means of meaningful negotiation between the parties and thereafter by means of The Better Business Bureau of Greater Hampton Roads.
B. AGREEMENT TO MEDIATE and/or ARBITRATE. Providing TMB Makeup Artistry is BBB Accredited and in good standing, the Client and TMB Makeup Artistry agree to submit any dispute arising under this agreement, with the exception of disputes alleging criminal or statutory violations, to Better Business Bureau of Greater Hampton Roads to be resolved through mediation and/or binding arbitration.
C. Mediators are volunteers and are Supreme Court Certified. Decisions reached in mediation are mutually agreed upon between disputing parties.
D. In accordance with the BBB Rules of Binding Arbitration the Arbitrator’s decision will be final and binding on both Client and TMB Makeup Artistry, and judgment on the decision may be entered in any court having jurisdiction.
E. This Agreement to Arbitrate affects important legal rights. Neither of us will be able to go to court for disputes that must be arbitrated. Further information about BBB arbitration may be obtained by contacting the BBB at 757-531-9400.
F. Neither of us will be committed by the terms of this agreement to arbitrate unless you sign below. In which event we will both be committed.