All contracts and dealings between Tatiana Angulo (referred to as we, us, our or the Makeup Artist) and any person, organisation or entity booking services (referred to as you or your, and together with us, the Parties) relating to any services provided by us to you are subject to the terms and conditions of trade set out below (these Terms).
01Acceptance
1.1These Terms apply to all services supplied by us to you, including in studio appointments, weddings and bridal party bookings, commercial and editorial shoots, and lessons or masterclasses.
1.2You have requested the Services set out in the booking confirmation, quote, proposal or email exchange between us (the Proposal). You accept the Proposal and these Terms by any of the following:
- signing and returning the Proposal;
- confirming by email, message or through our online booking system that you accept these Terms;
- instructing us to proceed with the Services; or
- paying any Deposit or Booking Fee, or making part or full payment for the Services.
1.3You agree that these Terms form the agreement under which we supply the Services to you. Please read them carefully and contact us using the details at the end of this page if you have any questions. Booking the Services indicates that you have had sufficient opportunity to read these Terms and to contact us if needed, that you have read, accepted and will comply with them, and that you are 18 years or older or have the consent of a parent or legal guardian who is 18 years or older.
1.4Where you book on behalf of a group, such as a bridal party, a production, or a class, you accept these Terms on behalf of every person in that group and you are responsible for ensuring they are aware of and comply with them. You remain responsible for payment of the full booking regardless of any arrangement between you and the other members of the group.
1.5Where a booking is made through an agency, talent directory, production company or other representative, the terms of that engagement may also apply. Where there is an inconsistency, the signed engagement or call sheet agreement for that specific job prevails over these Terms to the extent of the inconsistency.
02The Services
2.1We agree to perform the Services with due care and skill.
2.2We will provide the Services on the date and at the times set out in the Proposal (the Schedule of Services). On the day, the Parties may agree to further or additional services being provided under these Terms.
2.3We reserve the right to refuse or discontinue any booking or request that we consider inappropriate, unreasonable, unsafe or unlawful, or where a person is abusive, intoxicated or behaving in a way that puts our safety at risk. Where we do so, no refund is payable.
2.4We may provide the Services using our employees, contractors or assisting artists, and they are included in these Terms. Where a booking requires additional artists, this will be quoted to you in advance and not added afterwards.
2.5Third parties who are not our employees or contractors, including but not limited to photographers, hair stylists, venues, planners and other suppliers, are your responsibility. We are not responsible for the services, conduct, timing or output of those third parties, or for any delay they cause to the Schedule of Services.
2.6Makeup is a subjective service and the result will vary with each person's skin, features, and the lighting and conditions on the day. We do not guarantee an identical result to any photograph, reference image or filtered image supplied by you.
2.7If you request amended or additional services, including changes to the scope, the number of people, the looks, or the schedule (a Variation), we have discretion as to whether we perform that work and whether an adjustment to the Price is required. If we are unable to accommodate the Variation, we may request payment for the Services performed to date and terminate these Terms.
2.8If we agree to perform a Variation, we will inform you of any additional cost. You must approve the Variation and the additional cost before we commence that work.
03Bookings, price and payment
3.1You agree to pay us the fees and expenses for the Services you have requested as set out in the Proposal, including any Deposit or Booking Fee, travel, parking and early start charges (the Price). All amounts are in Australian dollars. All amounts include GST unless stated otherwise.
3.2A booking is only confirmed once the Deposit has been received. Until then, the date and time remain available to other clients regardless of any prior discussion, enquiry or verbal agreement.
3.3The Deposit is 50% of the Price and is non-refundable, except where required by the Australian Consumer Law. The Deposit is applied to the Price and is not an additional charge.
3.4The balance of the Price is due 2 days before the Service Date, or as otherwise set out in the Proposal. If the balance is unpaid by that time, we may cease to provide the Services until payment is received, and may treat the booking as cancelled by you under clause 5.
3.5We accept all major payment methods, including bank transfer, credit and debit card, digital wallets and cash. Any third party processing or surcharge fee is payable by you.
3.6We may charge interest of 10% per annum, calculated daily, on any amount unpaid after the due date, and you are liable for any reasonable costs of recovering an unpaid amount, including debt collection and legal costs.
3.7Travel is not included in the Price. Travel is charged at $1.20 per kilometre for the return distance. Tolls, paid parking, and any accommodation required for early call times or regional and interstate work are charged at cost and quoted in advance where possible.
3.8Bookings requiring a start time before 9:00am where travel is involved attract a surcharge of $75.
3.9Bookings falling on a public holiday attract a surcharge of $100. This is charged separately to, and in addition to, any surcharge under clause 3.8.
3.10Our pricing, payment methods and these Terms may be amended at our discretion from time to time. Changes apply to Services provided after the date of the change, and do not affect the Price of a booking already confirmed by payment of a Deposit.
04Trials
4.1A Trial is a separate appointment held before the Service Date to test one look and our products. A Trial is charged separately and is not included in the Price unless the Proposal expressly says so.
4.2A Trial covers one look. Additional looks within the same appointment are a Variation and are charged accordingly.
4.3A Trial is not a confirmation of your booking. The Service Date is only held once the Deposit is paid under clause 3.2.
4.4Where you attend a Trial and choose not to proceed with the booking, the Trial fee and the Deposit are not refundable.
4.5Significant changes to your hair colour, hair length, skin, or the agreed look after the Trial may affect the result on the Service Date and may require an additional Trial at an additional cost.
05Changes, cancellations and rescheduling
By you
5.1All cancellations, reductions and changes must be made in writing. A cancellation takes effect from the date we receive your written notice.
5.2The Deposit is not refundable in any circumstance, except where required by the Australian Consumer Law.
5.3If you cancel:
- more than 30 days before the Service Date, you forfeit the Deposit and no further amount is payable;
- between 7 and 30 days before the Service Date, you forfeit the Deposit and 50% of the balance is payable; and
- within 7 days of the Service Date, the full Price is payable.
5.4Reducing the number of people in a group booking is a partial cancellation. Final numbers must be confirmed 14 days before the Service Date. After that point, the full Price for the confirmed numbers is payable whether or not each person attends or proceeds with the Service.
5.5Rescheduling is subject to our availability and is not guaranteed. One reschedule may be permitted at our discretion if requested more than 30 days before the Service Date, and the Deposit may be transferred to the new date. A reschedule requested inside that window is treated as a cancellation under clause 5.3.
5.6Where a booking is cut short, reduced, or not used for any reason on the day, including a change to your event, a delay caused by you or a third party, or a decision not to proceed, no refund or reduction in the Price applies.
By us
5.7In the unlikely event that we are unable to attend due to illness, injury, accident, family emergency or other circumstance beyond our reasonable control, we will make reasonable efforts to arrange a suitably qualified replacement artist at no additional cost to you. If no replacement can be arranged, our liability is limited to a refund of all amounts paid to us, including the Deposit, for the Services we are unable to provide.
5.8We are not liable for any other loss, cost or expense arising from our inability to attend, including but not limited to venue, travel, photography or accommodation costs.
06On the day
6.1You must ensure that everyone booked is present and ready at their allocated time. The Schedule of Services is built around the times agreed in advance.
6.2If you or any person in your booking arrives more than 15 minutes late, we may shorten or cancel that Service so the remaining schedule is not affected. The full Price remains payable.
6.3Where a delay is caused by you, your group, your venue or a third party supplier, and we are asked to continue beyond the agreed finish time, overtime is charged at $80 per hour in 30 minute increments and is payable on the day. We are not obliged to stay beyond the agreed finish time and may have another commitment.
6.4For on location bookings you must provide a safe, clean, well lit, smoke free and ventilated space, access to a power point, a table or bench, and a chair. Where these are not available, the time required may increase and the result may be affected.
6.5Where parking is not provided or is unavailable at the location, paid parking is charged at cost.
6.6Touch ups after we leave are not included unless the Proposal says otherwise. Makeup longevity depends on skin type, weather, activity and how the makeup is handled after our departure, and we are not responsible for the result once the booking has ended.
6.7Children under 16 may only be booked with the consent of, and while accompanied by, a parent or legal guardian, who must remain present for the duration of the Service.
07Your obligations and warranties
7.1You must advise us in writing at least 14 days before the Service Date, or as soon as practicable, of any allergies, sensitivities, skin conditions, recent cosmetic or dermatological treatments, medications affecting the skin, or infectious conditions affecting you or any person in your booking.
7.2A patch test is available on request and must be requested at least 14 days before the Service Date so it can be carried out at least 48 hours in advance. Where you decline or fail to request a patch test, you accept the risk of any reaction.
7.3We may decline to perform the Services, in whole or in part, where a person presents with an active infection, open wound, cold sore, conjunctivitis, lash or brow infection, or any other condition that in our reasonable opinion presents a risk to that person, to us, or to the hygiene of our kit. Where a recent infection has no physical symptoms, we may require a medical clearance before performing the Services. No refund is payable where the Services are declined under this clause.
7.4It is your responsibility to prepare yourself and any other person in your booking for the Service Date. This includes:
- arriving with a clean, makeup free and product free face;
- arriving with clean, dry, product free hair, washed the evening prior where hair services are booked;
- completing any lash, brow, facial, peel, injectable or tanning appointments far enough in advance that the skin has settled; and
- following any preparation instructions we provide.
7.5You warrant that throughout the term of these Terms:
- there are no legal restrictions preventing you from agreeing to these Terms;
- the information you provide to us is true, correct and complete;
- you will tell us on the day if you have any concern about the Service while we are still present, so we have a reasonable opportunity to address it;
- you will provide a safe, smoke free, sanitary and ventilated place for us to work; and
- you are financially responsible for any damage, loss, contamination or theft of our kit, tools or equipment caused by you or your group during the booking.
7.6A concern raised after we have left, or after the event, cannot reasonably be remedied and will be dealt with under clause 11.
08Commercial and production bookings
8.1Commercial bookings are quoted per job based on the brief, shoot length, cast size, number of looks, location and call time. A quote is valid for 30 days.
8.2A booked day is held exclusively for you. Cancellation or postponement of a confirmed shoot within 10 Business Days of the shoot date attracts a cancellation fee of 50% of the agreed rate. Cancellation within 2 Business Days attracts the full agreed rate.
8.3A standard day is 10 hours from call time, including breaks. Time beyond that is charged as overtime at $120 per hour, in 30 minute increments.
8.4Cast numbers, looks and schedule must be confirmed in advance. Where the actual requirement on the day exceeds what was quoted, the additional work is a Variation under clause 2.7 and is charged accordingly.
8.5You are responsible for ensuring that all talent has given any consent required for the Services and for images taken on the day.
8.6Invoices for commercial bookings are payable within 30 days of the invoice date unless otherwise agreed in writing.
09Lessons and masterclasses
9.1Payment in full is required to secure a place in a lesson or class.
9.2Places are not refundable but may be transferred to another person, or to another scheduled date subject to availability, if you give us written notice at least 7 days before the class.
9.3Where a class does not reach minimum numbers, we may reschedule it to another date subject to availability and transfer your place to that date. Fees paid for the class are not refundable.
9.4Any materials, notes, handouts or kits provided are for your personal use only. You must not record, reproduce, distribute, resell or teach our content without our prior written consent.
10Images, publicity and intellectual property
10.1We may photograph or film our work before, during and after the Services for our portfolio, website, social media, advertising and educational purposes.
10.2You consent to us using those images and to us publicly stating that we have worked with you. If you do not wish your image to be used, you may tell us in writing at any time before or on the Service Date and we will not use it. Where an image has already been published, we will remove it from our own channels within a reasonable time of your written request, noting we cannot control copies shared by others.
10.3All intellectual property in our images, content, methods, materials and looks remains ours. Where you or your photographer supply images to us, you warrant that you have the right to grant us a licence to use them, and you grant us a non exclusive, royalty free licence to use them in the ways described in clause 10.1, with credit to the photographer where the credit is supplied to us.
10.4Where you share images of our work, you agree to credit us where a credit is reasonably possible.
11Consumer law, limitation of liability and disclaimers
Our guarantee to you. We guarantee that the Services we supply are rendered with due care and skill, are fit for the purpose we advertise or that you have told us you are acquiring them for, and will be supplied within a reasonable time.
11.1Australian Consumer Law. If you are a consumer as defined in the Australian Consumer Law, the following applies to you. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have services remedied if they are not rendered with due care and skill or are not fit for purpose, where the failure does not amount to a major failure. Nothing in these Terms excludes, restricts or modifies any right you have under the Australian Consumer Law.
11.2To the extent we are able to limit liability, our total liability for loss or damage you suffer or incur from the Services is limited to us re-supplying the Services to you, or paying the cost of having the Services supplied again.
11.3Reactions. We will not be liable for any allergic reaction, skin irritation, infection or other adverse reaction experienced by you or any person in your booking where you did not disclose the relevant medical history under clause 7.1, or where you declined or did not request a patch test under clause 7.2.
11.4Delay. Where the provision of the Services depends on your information, preparation, punctuality or response, we have no liability for a failure to perform the Services within the Schedule of Services where that failure is affected by your delay, or by incomplete or incorrect information.
11.5Exclusions. To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the Services other than those set out in these Terms, including any liability for loss, damage, costs or expense, whether direct, indirect, incidental, special or consequential, including loss of profits, revenue, opportunity, goodwill or reputation, or loss relating to business interruption, arising out of or in connection with the Services, even if we were advised of the likelihood of such loss.
11.6Cap. To the extent permitted by law, our total liability arising out of or in connection with the Services, however arising, including under contract, tort including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us for the booking giving rise to the liability.
11.7This clause survives termination of these Terms.
12Indemnity
12.1You are liable for and agree to indemnify, defend and hold us harmless against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
- any information you provide that is not accurate, up to date or complete, or that is misleading or a misrepresentation, including any failure to disclose a matter under clause 7.1;
- any breach of these Terms by you or by any person in your booking; and
- any misuse of the Services by you or any person in your booking.
12.2You agree to co-operate with us, at your own expense, in the handling of any dispute, complaint, investigation or litigation arising from your use of the Services.
12.3This clause survives termination of these Terms.
13Term and termination
13.1This agreement begins on the date of your first payment or confirmation of the booking and continues until the Service Date, or until terminated in accordance with these Terms.
13.2The Parties may vary or terminate these Terms by mutual agreement in writing.
13.3We may terminate these Terms immediately, at our sole discretion, if:
- we consider a request for the Services to be inappropriate, improper, unsafe or unlawful;
- you fail to give us clear or timely instructions or information;
- we consider that the working relationship has broken down, including a loss of confidence and trust;
- you or any person in your booking is abusive, threatening, intoxicated or behaves in a way that puts our safety at risk;
- you fail to comply with reasonable health and safety requirements;
- you fail to pay an invoice within 5 Business Days of its due date; or
- any circumstance outside our control compromises our ability to perform the Services.
13.4On termination under clause 13.3, any Deposit or payment made is not refundable and you must pay for all Services provided up to termination, including any Services performed and not yet invoiced.
13.5The accrued rights, obligations and remedies of the Parties are not affected by termination.
14General
14.1Privacy. We comply with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth). We collect your personal information, including any health information you disclose under clause 7.1, only to provide and administer the Services. We retain records for as long as required by law and destroy them in accordance with the applicable statutory periods.
14.2GST. Where applicable, GST payable on the Services is set out in our Proposal or invoice. By accepting these Terms you agree to pay an amount equivalent to the GST imposed on those charges.
14.3Force majeure. We are not liable for any delay or failure to perform our obligations where the delay or failure is due to a circumstance beyond our reasonable control, including illness, injury, accident, extreme weather, fire, flood, natural disaster, public health order, industrial action or transport failure. Where we are affected by such a circumstance, clause 5.7 applies.
14.4Notices. Notices under these Terms must be in writing and sent to the contact details below or to the email address you have given us. A notice sent by email is taken to be received on the Business Day it is sent, unless a delivery failure is received.
14.5Severance. If any part of these Terms is found to be unenforceable, that part is severed and the remainder continues in full force.
14.6Jurisdiction and applicable law. These Terms are governed by the laws of Victoria and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.
14.7Entire agreement. These Terms, together with the Proposal, represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement, whether oral or in writing.
15Definitions
- Australian Consumer Law
- Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- Business Day
- A day that is not a Saturday, Sunday, bank or public holiday in Victoria, Australia.
- Deposit or Booking Fee
- 50% of the Price, required to confirm a booking.
- Event
- The occasion for which the Services are booked, taking place on the Service Date.
- Makeup Artist
- Tatiana Angulo, and any employee, contractor or assisting artist engaged by her to provide the Services.
- Price
- The total fees and expenses for the Services as set out in the Proposal, including the Deposit, travel, parking and any surcharges.
- Proposal
- The booking confirmation, quote, proposal, invoice or email exchange setting out the Services, the Price and the Schedule of Services.
- Schedule of Services
- The dates and times at which we will provide the Services, as set out in the Proposal.
- Service Date
- The date on which you receive the last Service under the Schedule of Services.
- Services
- The professional makeup and hair services set out in the Proposal, including in studio appointments, weddings and bridal party bookings, commercial and editorial work, and lessons and masterclasses.
- Trial
- An appointment held before the Service Date to test one look and our products.
- Variation
- Any amended or additional service requested by you, including a change to the scope, the number of people, the looks or the schedule.
16Contact
Tatiana Angulo
Email makeup@tatianaangulo.com
Phone +61 451 414 084
4/2 Wests Road, Maribyrnong VIC 3032