Terms of service

 

YOUR BOOKING

I will provide you with the services described in the booking form completed by you (Booking Form) and any other services we agree to (Services).  Your booking will be finalised when I confirm the Services to be provided to you and you have acknowledged your acceptance of this agreement. On acceptance, this agreement will be binding.

PAYMENT

The amount payable by you for the Service is the amount set out in the quote provided to you at the time your booking is confirmed (Price).  Subject to the provisions of this agreement in relation to postponement, the Price is valid up to the date of the event (Event).  The Price is inclusive of GST.  

The Price will be paid in the following manner:

a. A $150 deposit is immediately payable by you. Your booking is not secure until the deposit is paid. This deposit is not refundable as it covers administrative costs and secures your booking and my availability on the day of the Event.

b. If your Price includes a trial session, then all fees for the trial must be paid 3 working days before the scheduled date.  An invoice will be sent 7 days prior.  The trial session will not occur unless payment is made as set in this clause.

c. The balance of the Price is to be paid 7 working days prior to the event.  An invoice will be sent to you 14 days prior to the Event of the amount outstanding. Please note that I will not deliver the Service on the day of the Event if payment is not made.

d. All additional costs incurred by you at the time of delivering the Service must be paid at the completion of the Service before leaving the venue.  Internet banking details will be provided to complete payment.

Change in numbers: The following applies if you wish to change the number of people named on the Booking Form to receive Services:

CANCELLATION POLICY & CHANGE IN NUMBERS

If you advise us in writing 2 months before the Event that you wish to reduce the number of people or cancel, you will be invoiced for 50% of the overall invoice booked for the day.

If you advise us in writing within 14 days prior to the Event that you wish to reduce the number of people or cancel, you will still be liable to pay the total and full amount for the number of people noted on Quote /and or the Booking Form.

CANCELLATIONS - Should you wish to cancel your booking, you agree to forfeit your non-refundable booking fee, plus pay any cancellation fees, as noted above. Please make all cancellations in writing via email.

Upon cancellation notice, a final invoice will be emailed to the client. Full payment must be received within 5 days of the invoice date. We reserve the right to take any legal action at any time for non-payment.

Increase in Numbers

  • If you advise us in writing 15 – 42 days prior to the Event that you wish to increase the number of people, I will adjust the quote and the invoice will include the new Price.

  • If you advise me in writing within 14 days prior to the Event that you wish to increase the number of people, the additional cost must be paid on the day of the Event at the time the Service is provided.

  • You cannot make any variations to the Service unless I agree in writing.  Any variations to the Services may result in an increase in the Price.

Late payment

I reserve the right to:

a. charge interest at the rate of 20% per annum on all money owing by you to me from the date the payment is due until all money and interest payable is paid.  The operation of this clause is without prejudice to any of my other rights in respect of late payment or non-payment.

Interest payable above will be calculated:

  • As accruing from day to day; and

  • May be compounded to and become part of the principal debt at the end of each month of default; and

  • May be claimed in the same manner both before and after any judgment.

  • You are also liable to pay all expenses and legal costs in relation to taking any steps to enforce this agreement and obtaining payment if you breach your payment obligations.

  • You are not entitled to withhold payment, or make any deductions from any payment or set-off any amount owed by me to you, without my prior written consent

b. Withhold the Service until payment is made of outstanding money and interest.

Payment details

a. Credit Card payments incur a 3.5% fee. 

b. All payments must be made directly to me and not to any of my employees, agents, or subcontractors.  Bank account details are:

ANZ WANAKA
ACCOUNT NAME: ROAD TO BEAUTY
ACCOUNT NUMBER: 06 0943 0117837 00
AMOUNT: $120
BANK DETAILS: ANZ 58-60 Ardmore Street, Wanaka, Tel: 03 443 6730
SWIFT CODE: anzbnz22

CHANGING YOUR BOOKING AND CANCELLATION

Postponement: If you wish to postpone the Event and a new date can be booked, then the following will apply:

1. If the new date is within 12 months from the Event, then the non-refundable deposit can be transferred to the new date and applied as payment towards the new booking with no additional charges. 

2. If the new date is more than 12 months from the Event, then the non-refundable deposit can be transferred to the new date, but additional fees may apply to incorporate an increase in my prices.  

3. If a new date cannot be set, then the agreement is cancelled, and the deposit is not refundable.

FORCE MAJEURE 

If a force majeure event renders it unlawful, impossible, or unsafe for the Service to be performed, then neither of us are not in breach of this agreement.  A force majeure event is an event or circumstance which is outside the control of the Parties, for example acts of God, flood, storms, earthquake, hurricane, natural disaster, fire, explosion, warfare or other hostility, an act or threat of terrorism, invasion or infestation, embargo, strike, riot, interruption to transportation, pandemic, government laws or regulations or restrictions, or any hazardous situation. 

If a force majeure event occurs then I will reschedule the date for the Event.  If a new date is accepted by you, the deposit (and any other payments towards the Price) will be transferred to the new agreed date. The same provisions apply in relation to a change in numbers as set out above if you decide to change the original booking. 

I am entitled to keep the deposit if due to the force majeure event:

  • you cancel the agreement; or 

  • we cannot agree on a new date; or

  • the period of suspension of the Event continues for a period, which in my opinion substantially affects my ability to perform the Service and I terminate this agreement on written notice to you.  

I will not be liable for non-performance of this agreement and its obligations where a force majeure event prevents performance of this agreement. 

A change in gathering rules or any other restrictions or requirements imposed by the New Zealand Government due to COVID-19, is not a force majeure event where your Event can still proceed but in a different manner as originally planned by you.

UNFORESEEN CIRCUMSTANCES 

I will give you written notice as soon as practicable, if I am unable to perform my duties and obligations under this agreement due to any of unforeseen circumstances including but not limited to illness, bereavement, medical emergency, or travel restrictions.

TERMINATION

If you breach any of the terms of this agreement I may, without prejudice to my other rights and remedies, terminate this agreement.  Termination shall not prejudice or affect my accrued rights.

VENUE SETUP 

We require the location of the venue where we perform the Service prior to the Event so we can assess services such as lighting and power outlets.  This makes our job easier and your experience smoother and allows us to adhere to your timeframes.

HEALTH AND SAFETY

You acknowledge and agree that you shall take all reasonably necessary steps to ensure my own personal safety and the health and safety of others (including employees and contractors), and I agree to comply with any reasonable health and safety directions given by you or venue provider. 

In addition,  you agree to comply with all government regulations and guidelines in relation to the latest COVID-19 response and any failure by you or people named in the Booking form to comply, will be considered a breach of this agreement.  I will have the option to immediately terminate my Service if I consider it is unsafe for me or my contractors or employees to continue to provide the Service and I will not be liable for any costs in withdrawing my Services.

 

CALL OUT AND TRAVEL FEE

If applicable, the Call Out and Travel fee will be in the quote and detailed.

EARLY MORNING CALL OUT FEE

If we are required to leave early to be with you at an early hour of the morning. A fee will apply. Please ask for our rates. It is dependant on the timeframe.

PUBLIC HOLIDAY SURCHARGE

If you require us to work on or around a bank holiday or a NZ public Holiday as stated in the NZ schedule of public holidays and subsequent statutory days around a public holiday. A 15% surcharge will be added to the overall total of the invoice.

LATE ARRIVAL

If you or any of those people named in the Booking Form are late in arriving at the requested location for performing the Service, additional fees may be charged and if longer than 30 minutes or more I may not wait.  In this instance, you will still be liable to pay the full Price.

MEDICAL CONDITIONS AND ALLERGIES

You must notify me of any medical conditions or allergies you or any other person named in the Booking Form may have which could affect the performance of the Service.  I will do my best to accommodate any medical condition or allergy when performing the Service. However, I cannot guarantee that you or any other person named on the Booking Form will not react to any product I may use.

USE OF PHOTOGRAPHS AND FILM

I may take photographs while performing the Service and you agree that I may use any photographs for promotional purposes unless you advise otherwise.

PRIVACY ACT 1993 AND PERSONAL INFORMATION

I shall abide with the Privacy Act 1993 (and any substituted legislation) and shall take all practical steps to achieve privacy protection. 

You must advise me whether any material or information communicated to me is of a confidential nature. I will keep such confidential material or information in confidence for the purposes of the Service, except where it is reasonably necessary to enable me to carry out my obligations in relation to the Service.  

I may obtain information about you from any source including credit assessment, debt collecting, and direct marketing activities and you consent to any person providing that information to me

WARRANTIES AND LIABILITY

I make no representation or warranty about the Service or its suitability or fitness for any particular purpose or use.  All warranties are excluded except to the extent they are required under the Consumer Guarantees Act 1993.

I shall not be liable for loss of profits, or any consequential, indirect, or special loss or damages suffered by you, arising directly or indirectly from any breach by me of this agreement or from any negligence or other act or mission by me.  My liability and the liability of any agent, employee or subcontractor engaged by me, is limited to the Price paid by you under this agreement.

The Consumer Guarantees Act 1993 may apply to the Service provided by me, if you are acquiring the Service for personal, domestic, or household use or consumption.  If this Act applies, nothing in these terms and conditions will limit or exclude your rights under this Act.  If you are acquiring the Service for business or trade purposes, then you are subject to these terms only and the Act shall not apply.

GENERAL TERMS

Insurance: I will maintain in full force and effect during the term of this agreement Public Liability insurance cover with a reputable insurer up to a maximum cover amount of $2,000,000. Upon request,  I will provide you with evidence that such insurance policy is in effect. 

Entire Agreement:  The Booking Form, these terms and any other documents specifically agreed between us constitute the entire agreement between us and may not be varied except in writing signed by both parties.  All those documents together are referred to as "this agreement".  In the case of any conflict between the Booking Form and the other documents referred to, these terms will take priority.

Interpretation: In this agreement unless the context requires otherwise:

  • All references to "you" means the person I provide Services to under this agreement.

  • All references to "me" or "I" means Deirdre Read trading as Road to Beauty.

  • All references to the "parties", "we" or "us" means you and I collectively.

  • The singular includes the plural, and the plural includes the singular.

  • Headings will be ignored in interpreting this agreement.

  • A reference to a person includes (where applicable) its successors, personal representatives and permitted assigns.

  • A reference to writing includes a reference to printing, typing and all other methods of reproducing words in a visible form.

Governing law: 

This agreement is governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of this agreement.

Indemnity: 

You undertake to indemnify me for any loss, damage, or expense (including costs on an as between solicitor-client basis) suffered or incurred because of any breach by you of this agreement or in recovering or attempting to recover any moneys due and such loss, damage or expense shall be moneys due for the purpose of these terms and conditions. 

Severance: 

If any provision of this agreement is or becomes unenforceable, illegal, or invalid for any reason it shall be deemed to be severed from this agreement without affecting the validity of the remainder of this agreement and shall not affect the enforceability, legality, validity, or application of any other provision of this agreement. 

Communication:  

The parties can agree on where and how they will receive communications and notices from the other party.  

Waiver:  

A party does not waive its rights under this agreement if it fails or delays exercising those rights.  If a party waives the default of the other party, this does not amount to a waiver of an earlier or later default.  A waiver of any breach of any provision of this agreement shall not be effective unless that waiver is in writing and is signed by the party against whom that waiver is claimed

 

POLICY DURING COVID-19

I express my sympathy with anyone who is facing postponement or cancellation of their wedding in the coming months. Or any appointments you may have for beauty/hair services.

PLEASE SEE BELOW THE CURRENT UPDATES TO MY TERMS AND CONDITIONS RELATING TO POSTPONED OR CANCELLED WEDDINGS DURING THIS PERIOD OF COVID-19.

They will apply to different stages of your booking situation in addition to my full terms and conditions. For any other non wedding general bookings affected by Covid-19 please email me to discuss your options.

If you wish to postpone…… As an act of goodwill I am able to make your full booking payments transferable to a new date. I will happily work with you to transfer your booking to a new date. Please email me to discuss, as written confirmation of a postponement is required.

Are you cancelling your wedding with no postponement date? If you are not postponing your wedding and are cancelling your booking, then the standard cancellation policy will remain the same. All deposits are non-refundable. Please email me to discuss, as written confirmation of a cancellation is required.

As many of you will be currently experiencing yourself, COVID-19 is threatening the sustainability of small businesses, including those in the wedding and events industry.

I believe that everyone in our society has a mutual obligation to do what is possible to support each other during this time.

GOING FORWARD

I am taking my directives from The NZ Beauty Therapy Association and the NZ Ministry Of Health.

SANITISATION, MASKS AND HYGIENE

We have purchased new sterilisers and have new brushes. We hand sanitise, clean all our equipment and use hospital grade disinfectants. Isopropyl Alcohol is used on all our instruments and equipment after every use. We will use disposables where we can and decant product. Masks to be worn at all times.