If you’re a hair stylist or makeup artist, booking weddings, balls, parties and other events, it’s important to make sure you have the right terms and conditions in place to protect you and your business.
What do I need to include in my booking terms and conditions?
Any time you book clients for your hair styling or makeup artistry services, make sure to sign a contract with them with the booking terms and conditions. This will give you legal protection if things don’t go as smoothly as hoped. Start off with a clause saying the client accepts all terms in the contract.
Next up, it’s a good idea to give a breakdown of your services, the cost and what’s included. This could be whether it’s hair or makeup, how long it will take to complete, what time the stylist/s will arrive, whether you are styling for multiple events during the same booking (explain what the differences will be between the looks), making sure you get all details from the client about what they want and if they have any additional requests they need to let you know before the booking (you can give them a timeframe). You could also add in your travel to/from the booking and any parking costs as expenses to be paid by the client.
Include a clause that says the number of people requiring your service must be agreed beforehand and there cannot be changes on the day, like adding other people needing hair or makeup, unless it’s agreed with you for an additional fee.
Every hair stylist and makeup artist wants to be paid!
To make sure you are paid your fee, ask the client to pay a security deposit a number of days or weeks before the booking and say you will confirm the booking with the client once payment is received. Add into the contract which payment methods you accept.
If the client wants to change the booking, have a clause that says how much advance notice you need. If they ask to change the booking after then, you could charge them an extra fee. Also, if the client wants a preview of the look before the event, you should give them the timeframe and costs involved. If the client isn’t happy with the look after you’ve done it on the day (it happens with difficult clients sometimes!), you should have a clause in the contract that allows you to charge them an extra fee so your hard work isn’t wasted.
You might want to post a photo of the completed look on your social media or website for marketing purposes, so make sure to include a clause that lets you do that. Along with this, it’s often necessary to say you will keep all client personal information private and confidential.
In case the client cancels before the event, it’s a good idea to state whether you will refund them any part of the security deposit, and how much, depending on when they cancel. For example, if the client cancels x number of days before the event, only x dollars will be deducted from the security deposit, but if they cancel only one day before then they forfeit the entire deposit.
It’s also important to have a clause about whether you offer refunds in any other circumstances, and what happens if you or anyone involved in the booking are unwell (such as coughing, cold or any other viral symptoms), or in the case of force majeure (an unforeseen event outside of your control) like the Government stopping you from providing your service due to COVID-19.
Just in case things go wrong and the client damages your property during the booking, the contract should say the client will compensate you.
Finally, it’s really important to have a limitation of liability clause, subject to the laws set out below, so are not liable for any delay outside of your control resulting in you not being able to complete the service (e.g. if the wedding party doesn’t arrive on time), or other issues such as allergies you weren’t told of beforehand.
What should I avoid in my terms and conditions?
According to Australian Consumer Law, consumers have certain protections when buying goods and services, which include but are not limited to consumer guarantees, sales practices, unfair business practices, unfair contract terms, compliance and product safety.
Your booking terms and conditions need to be fair, so avoid having terms that would affect the client’s rights and obligations under the contract in an overly negative way or would cause detriment (financial or otherwise) to the client. Also avoid terms that aren’t reasonably necessary to protect your business.
Some examples of unfair contract terms include only allowing you, but not the client, to vary or cancel the contract, preventing them from relying on representations made by you and saying you aren’t liable for any negligence caused by you.
It’s also important not to make any statements that misrepresent the kind of service you’re offering, such as the standard or quality, price, the person agreeing to acquire services from you, any testimonials from past clients, or the benefit, use or need for your services.
If you are a hair stylist or makeup artist seeking legal advice about your specific situation to ensure your business meets all legal requirements, please contact us here.
