PURPOSE OF THE AGREEMENT

Style Ghost provides virtual styling suggestions and ideas during Client’s Express Style Zoom call as detailed in this Agreement. Provider has agreed to provide such services according to the terms of this Agreement.

SERVICE PROVIDED

Provider will provide style guidance, input, ideas and/or techniques to Client based on Client's selection of three to five items of clothing prior to joining the call.

The Express Style Zoom call is a maximum of 30 consecutive minutes; time cannot be split among more than one call. If Clients needs additional styling input beyond the 30 minute call duration, booking and payment for a separate session will be required. If service is provided fully under the 30 minute duration, leftover time cannot be applied for another service.

Provider will rely on Client's description and presentation of the items to be styled. Provider does not guarantee fit, color accuracy, performance, etc. of Client's items as they are worn. Provider is only providing suggestions and inspiration for Client reference and use, and is not responsible for how the looks are worn or perceived.

FEES AND PAYMENT

The total cost for the Express Style service is due in full at the time the service is scheduled.

POLICIES

Scheduling policy

• The Express Style session must be scheduled online by the Client a minimum of three days in advance. If the minimum scheduling window for a session is not met despite being sent an automated reminder, the Client forfeits the opportunity to have the Express Style service and payment will not be refunded. 

• If the Client does not show up at the scheduled time for the Express Style call, she forfeits opportunity to receive the service and payment will not be refunded.

• Any rescheduling necessary on the Client's part will be the Client's responsibility.

• Any cancellations on the Provider's part (due to illness, weather, or other unforeseen and inescapable circumstance) will be communicated as soon as possible and every reasonable attempt will be made to reschedule as close to the original date and time as possible.

Intellectual Property

• In the event that any copyrighted work(s) are created as a result of the Services provided by Provider in accordance with this Agreement, Provider owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Provider and may be used in the reasonable course of Provider business.

Artistic Release

• Client has spent a satisfactory amount of time reviewing Provider's work and has a reasonable expectation that Provider will perform the Services in a manner and style described in online communication channels.

• Provider will use reasonable efforts to ensure service is provided as described in marketing. However, Client understands and agrees that:

  • Every client is different, with different tastes, budgets, and needs;

  • Provider services are often a subjective art and Provider has a unique vision, with an ever-evolving style and technique;

  • Provider will use its artistic judgment when providing Services for Client and will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services;

  • Dissatisfaction with Provider's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

Limit of Liability

• Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Service provided by Provider.

• Client agrees to indemnify, defend and hold harmless Provider for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Provider provides to Client.

Cancellation, Rescheduling and No-Shows

• If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Provider to render Services due to the fault of the Client or parties related to Client, Client shall provide notice to Provider as soon as possible via the Notice provisions detailed in this Agreement. Provider has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Provider to provide the Services due to the fault of Client (or parties related to Client), and Provider will not be obligated to refund any monies Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the sessions, or should it become impossible for Provider to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. 

Impossibility

• Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

  1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or

  2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or

  3. Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

• Failure to Perform Service. In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

  1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and

  2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and

  3. Excuse Client of any further performance and/or payment obligations in this Agreement.

Appropriate Conduct/Safe Working Environment:

• Project. The Client expressly agrees to take best efforts to provide Provider with safe and appropriate working conditions (even in a virtual setting). In the event of circumstances deemed by either Provider or a bystander to be inappropriate or to present a threat or implied threat of injury or harm to Provider, the Provider reserves the right to leave and cancel the service. If the Provider leaves the project early due to any offending behavior, the Client expressly agrees to relieve and hold Provider harmless as a result of incomplete project coverage, or for a lapse in the quality of the Provider’s work, and the Client shall be responsible for payment in full.  

• Non Project. The Client expressly agrees to take best efforts to provide Provider with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior, Provider will make reasonable efforts to notify the Client. If the Client is able to respond to the threatening situation in a reasonable amount of time, Provider shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client will agree to relieve and hold Provider harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the Provider’s work. The Client shall be responsible for payment, regardless of whether the situation is resolved or whether Provider resumes work detailed in this Agreement

General Provisions

• Governing Law. The laws of Missouri govern all matters arising out of or relating to this Agreement, including torts.

• Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

• Notice. Parties shall provide effective notice (“Notice”) to each other via email or by phone at the earliest possible date/time.

• Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the Express Style service described in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

• Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.