Phat Hair and Makeup Membership Terms and Conditions

1 Agreement

1.1                  These terms and conditions including the Agreement Details (and defined terms therein and herein) (Agreement) govern the relationship between Phat Hair and Makeup, 898 Great South Rd Manukau Auckland 2102 NZ (Salon, us or we) and the Client (you or your) in respect of the package to be provided by the Salon to you for your Special / Specific Visit (Services). If the terms of this Agreement differ from anything you are told by us or our representative, the terms of this Agreement will apply, unless written confirmation is received from the Salon

 1.2 You agree to 

(a Only visit the salon that this Agreement is signed;

(b) Only use products as professionally prescribed by the salon

2 Services

2.1   Subject to your compliance with this Agreement and in consideration of the payment of the Total Fees by you to us, we will provide you with the Services.

 2.2   The Services will be provided with due care, skill and diligence in a professional manner and in accordance with this Agreement.

3 Cooling Off Period

You are entitled to a 3 business day ‘cooling-off’ period after signing this Agreement, during which time you may cancel this Agreement.  If you decide to cancel the Agreement during the cooling off period, we will, within 14 days, return any payments made by you to us under this Agreement.

 4 Payments 

4.1 You agree to pay all Fees monthly in advance. Payments will commence on the Start Date and will continue on a monthly, fortnightly or weekly basis thereafter.

 4.2 All payments due to the Salon under this Agreement will be collected through the Payment Provider (acting as the Salon’s agent) in accordance with the terms of the Payment Provider’s contract entered into between you and the Payment Provider. 

4.3 By entering into this Agreement, you agree that you are also required to enter into a contract with the Payment Provider authorising the Payment Provider to debit the Membership Fees due for each direct debit period from your Billing Account.

 4.4 You must:

(a) ensure your Billing Account can accept direct debits;

(b) ensure there are sufficient funds in your Billing Account to enable a payment to be processed; and

(c) within 48 hours of the expiry of your Billing Account or if you are closing or changing Billing Accounts, notify us of that change and provide us with an alternative Billing Account.

 4.5 If a payment is declined, dishonoured, or otherwise cannot be processed (for example, due to insufficient funds being available) (Dishonoured Transaction), you agree that:

(a) the Payment Provider may charge a dishonoured transaction fee;

(b) you are responsible for any fees or charges incurred by you from your financial institution in relation to the Dishonoured Transaction; and

(c) the Salon may suspend your membership until such time that the Dishonoured Transaction can be processed.

4.6 You acknowledge and agree that the Salon may change its Payment Provider and that the Salon and/or the current Payment Provider may, in their sole discretion, assign all existing payment agreements to a new payment provider.

 5 Changes to the Package, Package Inclusions & Visit Frequency

5.1 If between signing of this Agreement and the Visit Completion Date the Services that you require us to provide change, we may charge you Additional Charges to accommodate your new requirements. For example, if you change your hair colour from black to blonde, then Additional Charges will be payable.

 5.2 Additional Charges will at all times be subject to our schedule of fees, which is available on request from us. We will however notify you of any Additional Charges and when they are payable at the time you request a change.

 5.3 If the Services that you require us to provide change such that the Services are less than those set out in this Agreement, any variation to the Total Fees will be at the Salon’s sole discretion.

 6 Reschedule Policy

All cancellation or rescheduling of appointments must be notified to the Salon [24 hours] in advance of the scheduled appointment time. 

7 Transfer of Package to another person

7.1 Your Package and this Agreement are not transferrable to another person, nor able to be exchanged, resold, redeemed for cash or for other products or services at the Salon.

7.2 Except to the extent permitted by law and as provided for under this Agreement, Services are not refundable.

 8 Cancellation of this Agreement

8.1 Your membership and this Agreement commences on the Start Date and, subject to clause 2, will continue until the completion date.

 8.2 You may terminate this Agreement with 60 days written notice to us.

 8.3 If you terminate this Agreement before the expiry of the Completion Date, the following termination fees will be payable: (a) within the first 2 visits, 50% of the Membership Fee due to be paid for the remainder of the Term

8.4 You acknowledge and accept that the above cancellation fees are a reasonable estimate of the Salon’s costs, loss and damage resulting from early cancellation of this Agreement by you.

(a) at any time on immediate written notice to you:

(i) if you fail to make payment of your Fees, without prejudicing the Salon’s rights to recover any overdue payments; 

(ii) if you fail to comply with clause 6, in relation to rescheduling; or

(iii) if you are otherwise in breach of this Agreement; or

(b) at any time, on 30 days written notice to you.

8.5 In the event that the Salon terminates your membership in accordance with clause

8.4(a), termination will be effective on the date that the Salon sends written notice to you. You are liable to pay all Fees until that date.

8.6 Any money owing by you to the Salon when this Agreement ends will become immediately due and payable and you authorise the Salon to deduct the amount outstanding from any refund to which you may be eligible. If there is not sufficient amounts available in any refund to cover the amounts owing to the Salon, you must pay the balance of the amount owing immediately.

8.7 Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration.

9 Circumstances beyond the control of the Salon

9.1 The Salon cannot guarantee any particular staff to provide the Services to you. 

10 General 

10.1 The Salon may vary the terms of this Agreement at any time with your agreement. 

10.2 This agreement is governed by and construed in accordance with the laws of the [State of Auckland, New Zealand] and the parties irrevocably submit to the exclusive jurisdiction of the courts of or in that State and courts of appeal from such courts. 10.3 No waiver by the Salon of any breach of this Agreement operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by the Salon, its employees or agents (which but for this clause ought or might amount to a waiver of the Salon’s rights in respect of any such breach or default) does not operate as a waiver in any way of the Salon’s rights and powers in respect of such breach or default. 

10.4 The Salon may assign its rights under this Agreement at any time without your prior consent.

10.5 If a provision of this Agreement is invalid, illegal or unenforceable it will, to the extent that it is invalid, illegal or unenforceable, be treated as severed from this Agreement, without affecting the validity and enforceability of the remaining provisions.

10.6 This Agreement and any warranties or guarantees implied by law which are not capable of being excluded or modified embody the whole agreement between the parties and, subject to the express terms contained in this Agreement, all previous negotiations, representations, warranties, arrangements and statements (if any), whether expressed or implied, including any collateral agreement or warranty, regarding the subject matter or the intentions of either of the parties are merged in this Agreement and otherwise are hereby excluded and cancelled. You acknowledge that you have not been induced to enter into this Agreement by any representation, advice or information given or made by or on behalf of the Salon (except as set out in this Agreement).

10.7 To the extent permitted by law, should the Salon be liable for breach of a condition or warranty, our liability for the breach will be limited to one of the following as determined by us:

a) the supplying of the services again; or

b) the payment of the cost of having the services supplied again.