Terms & Conditions

(‘Terms’)

In using our website and engaging any of our Services, you agree to be bound by these Terms as well as any and all general terms and conditions posted on our website from time to time and our privacy policy.

DEFINITIONS

“Clients” means any customer or person engaging our Services.

“Quotation” means our email quote for the Services you request.

“Services” means hair and makeup services for professional shoots, weddings and special occasions at our home salon or at our Client’s preferred locations.

“the website” means www.ellen-theo-artistry.com

“We”, “our” and “us” means Ellen Theochari and includes all partners, employees and contractors.

“You” means the Client engaging our services and by doing so, agreeing to these Terms.

HOW OUR SERVICES WORK

You need to make a booking with us and pay our invoice to secure your appointment. The particular Services required, location, access, date and time, and people involved are all agreed at the time of booking.

You must provide all information relevant for us to perform the Services, including but not limited to the following information:

- the type of occasion;

- the type of hair and/or makeup you require;

- how many and the ages of the persons who we will be providing hair and/or make-up for;

- your preferred location (if not at our home salon) and how we gain access to your preferred location, whether parking is restricted;

- the time and date you require the services; and

- whether additional services are required such as posing for photos.

Once your booking is made and paid for, you acknowledge that we will have arranged to have that date and time slot available for you exclusively, and may have turned away other clients. For this reason, all cancellations and changes are subject to our terms below, under cancellations, refunds.

If any additional services are required at the time of delivery of the Services, we may or may not permit them at our discretion. Sometimes time limits will not enable us to perform additional services but we will make every attempt to accommodate where possible. Please note: any additional services will be subject to Additional Fees.

Our times for performing the Services are estimates only, and if we finish performing the Services ahead of schedule, we have no further obligation to stay on location.

If you are not happy with the Services we ask that you notify us immediately at the location and at the time of the delivery of the Services in order to facilitate corrections and accommodate any changes necessary. The nature of our work means that we are unable to make changes after you or we leave the location.

BOOKING AND PRICES

All prices on our website are in Australian Dollars $ (excluding tax/fees). We may change our prices at any time without notice to you. We do not hold bookings without payment. We accept cash, credit card, debit card or EFT. Payment must be received by the due date as specified on our invoice, or your booking will be cancelled. You must allow at least 3 business days for EFT to be made and so cleared funds to be received by us on or before the invoice due date. We strongly recommend you send us a receipt as proof of payment.

ADDITIONAL FEES

You must pay the additional fees, including all valet or parking fees, accommodation fees and our travelling fees as notified. Any changes in the location of your appointment may incur an additional travel fee and accommodation fee. These additional fees must be paid before the appointment date and if not received we may refuse to perform the Services.

We will also charge additional fees at the time of delivery of the Services where you are late, create delays, are unprepared, there are breakages, or you do not properly inform us. Our late fee is $50 for every 30 minute interval that you are late and not at the agreed location at the agreed time. We also charge the late fee if the scheduled Services exceed the allotted time frame due to your delays.

We charge for any damages or breakages to our products, tools, appliances. Where you fail to inform us of infections or a contagious disease, we will also charge you for our products, tools, appliances, including any brushes, sponges, makeup and consumables used on the person.

You must pay these additional fees at the time of delivery of the Services. You must also pay the costs of any additional services you request at the time of delivery of the Services. eg additional person’s make up, touch up services etc.

On Site Relocation: In the event that the Client requests or necessitates the relocation of the bridal preparation area, requiring our team to dismantle, transfer, and reestablish our equipment and setup in an alternate room within the same premises, an "On-Site Relocation Fee" of $50 shall apply. This fee is intended to cover the additional time, effort, and resources required to ensure a seamless transition of our services.

CANCELLATIONS, ALTERATIONS AND REFUNDS

To the extent permitted by law, we do not provide refunds for cancellations after the booking is paid for or once it has been completed. Once an appointment is cancelled in writing it cannot be reinstated and thus the client booking contract is void.

To the extent permitted by law, all bookings are non-transferable. Once a booking is made for a particular date, we cannot change your booking to another date. If you require a change to the agreed appointment time we may, but are not obliged to change the agreed time.

To the extent permitted by law, all bookings are non-changeable. Once we agree to perform the Services you require, we cannot change your booking by, for example reducing the invoice because there will be less members in your bridal party or photography shoot.

If you need additional services, we may but are not obliged to perform them. They will incur additional costs.

We may cancel your appointment immediately without refund where you breach this Agreement, and in particular where you fail to perform your obligations under Agreement for our Services (eg. you are unable to present free of any infectious or contagious diseases, where you are more than 30 minutes late to the appointment or where you cannot provide us with a safe and suitable work area).

If we need to otherwise cancel the Services due to personal reasons a full refund will be provided. In the unlikely event that we are unable to attend your booking due to sickness, injury or a personal emergency, we will endeavour to find a replacement artist of similar standard to complete the agreed upon Services for the same agreed upon terms of payment in accordance with these terms. If a replacement artist cannot be found then the monies paid for services not provided will be refunded by way of EFT within 14 days.

If a significant change is made for reasons beyond our control, then, to the fullest extent permitted by law but not otherwise, we are not liable to compensate you. These include: war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, pandemics, health risks, changes due to rescheduling or cancellation of event; closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, act of government or public authorities or other circumstances amounting to force majeure and/or Acts of God.

COVID-19:

If your scheduled booking coincides with any of the following restrictions put in place by the Victorian Government, a credit note will be issued to the value of monies paid to be used on future services. The credit note cannot be redeemed for cash and is valid for 12 months from the date of issue.

Only under the following government restrictions will a credit note be issued:

- Your booking is scheduled at a location where we are not permitted to provide our services

- You have booked for hair styling and performing this service is banned

- You have booked for makeup application and performing this service is banned

- All weddings are legally banned (e.g. a credit note will not be provided if weddings are permitted with 5 guests etc.)

RESCHEDULING:

If your scheduled booking does not coincide with the restrictions listed in section ‘Covid-19’ of this contract and you are requesting to reschedule the booking, the following terms will apply:

Requests to reschedule a booking must be submitted in writing with at least 14 days notice of your booking. Requests to reschedule with less than 14 days notice of your booking will not be accepted.

To reschedule a booking the client agrees to pay a rescheduling fee of 20% of their total invoice. This is payable immediately. Any outstanding charges on your invoice will be due at the original due date specified on the invoice and will not be amended upon rescheduling.

If you do not wish to reschedule the date of your booking but require a change to the agreed appointment time we may, but are not obliged to change the agreed time. This will not incur a rescheduling fee, however, surcharges may apply for bookings scheduled between 7pm-7am.

An additional surcharge of 15% will be applied to the total invoice for bookings that are rescheduled to a public holiday.

I understand that bookings cannot be refunded or reduced and that requests to reschedule bookings may incur additional fees.*

I understand and agree to the terms relating to COVID-19 restrictions.*

AGREEMENT FOR OUR SERVICES

To engage our Services, you acknowledge and agree to the following:

You will notify us of any infections, conditions or illnesses.

You must present free of any infectious or contagious diseases/infections (including cold sores and eye infections).

You will notify us of any skin and hair conditions and allergies.

You must present your hair free from oil, sebum and any hair products, and prepare your hair in accordance with our hair preparation guidelines.

You will ensure you show up promptly, and on time to respect other appointments that may follow your appointment and ensure that other persons with appointments are not delayed.

You will respect the professional providing the services to you. You will not use bad language, drink or smoke, be respectful and provide suitable facilities in order for the Services to be provided.

You must not use aggressive, abusive, rude, discriminatory or obnoxious behaviour.

Y0u will provide us with a safe and suitable work area at the location Services are to be performed. This location will also provide us the capability of performing the Services as described, by providing an appropriate area (“set up” table/flat surface) to work from, access to a sink and electrical outlets must also be made available for use.

If you fail to respond to multiple communication attempts within a reasonable time frame we may cancel your booking without refund. You acknowledge that we will make reasonable efforts to contact you using the contact information provided during booking.

You acknowledge and agree to attending a bridal trial before your wedding.

We may immediately stop the performance of the Services without refund in the event that you do not comply with any of the above requirements.

You further acknowledge and agree that we may take photographs of you to use in our marketing and promotional material. You further acknowledge and agree to us contacting your photographer to obtain and use photographs of you for marketing and promotional material.

I acknowledge and agree to the above.*

DISCLAIMER

You must provide us with sufficient, accurate information to assist us in performing the Services. In particular you must inform us of any allergies, skin and/or hair conditions prior to the delivery of the Services.

You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our Services, including, but not limited any skin complications, or hair loss or damage due to any of our products and Services. We are also not liable for any heat damage or injury to your hair or skin from the use of heated tools like curling irons, flat irons, hair dryers. In no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages where you need to add persons, change venue or booking dates or times and we cannot cater for you, or where you fail to provide us with correct information in regards to a booking.

LIABILITY

Certain legislation including the Australian Consumer Law (“ACL”) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services by us to you which cannot be excluded, restricted or modified (“Statutory Rights”).

Our liability to you is governed solely by the ACL and these Terms. While we endeavour to maintain good quality information on our website, we make no representations or warranties of any kind, express or implied, about:

the completeness, accuracy or reliability of the information you obtain from the use of our Services; or

whether the Services provided on the website will be available on an uninterrupted, secure or error-free basis.

We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

You agree that you must evaluate, and bear all risks associated with, your use of the services provided by any third party service provider and/or information made available to you through or facilitated by our website.

You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website or our Services, including, but not limited to, loss or corruption of data from our website. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.

When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:

The supply of any services again; or

The payment of the cost of having any services supplied again.

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

INDEMNITY

You agree to defend, indemnify and hold us and our partners, employees, contractors, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees resulting from (i) your breach of our Terms, (ii) any third party claims (ii) any activity you may engage in through any use of our Services, or(iii) your use of the Services.

GOVERNING LAW/DISPUTE RESOLUTION

Any dispute arising from this Agreement must first attempt to be resolved between both parties. Thereafter by means of alternative dispute resolution. These Terms are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.