CONTRACT FOR SERVICES
AGREEMENT is made on the above date.
B E T W E E N :
(1) Absolutely Beautiful and
(2) The Artist
1.1 "the Client"; is the recipient of the beauty service
1.2 "the Company"; is the employer of
1.3 "the Client Contract"; means a contract between ABSOLUTELY BEAUTIFUL and the Client Company
"the Fee"; is as set out in the Schedule
1.5 "the Services"; means the beauty service appointments arranged by ABSOLUTELY
BEAUTIFUL for completion by the Artist including consultation, lessons, massage, removal and re-application of make up, manicure,
pedicure, facials, hairstyling and any other beauty treatment for the Client(s) at the Client Company premises
Words importing one gender shall be construed as importing any other gender and words importing the singular shall be construed
as importing the plural and vice versa.
This Agreement shall be effective from the date of this
3. The Artist's Obligations
3.1 The Artist shall provide the Services with reasonable care and
skill but there shall be no obligation on ABSOLUTELY BEAUTIFUL to offer a minimum number of engagements and no obligation
on the Artist to accept them
3.2 If having accepted an engagement for a beauty service appointment(s) "the engagement"
the Artist chooses not to perform or is unable to perform his duties for any reason the Artist shall provide for a suitably
qualified and competent replacement Artist. Any such replacement Artist must be notified to ABSOLUTELY BEAUTIFUL prior to
the Artist using such replacement Artist. The Artist shall be responsible for all acts and omissions of the replacement Artist.
3.3 The Artist shall perform the Services in a professional manner including personal appearance and dress and shall
not conduct himself in such a way as to bring the name and reputation of ABSOLUTELY BEAUTIFUL into disrepute with the Client
or Client Company or the general public or within the industry.
3.4 The Artist shall use his own products in the provision
of the Services.
3.5 The Artist will arrange means of transport and have their own mobile phone but may claim legitimate
expenses subject to prior agreement and provision of receipts.
3.6 At ABSOLUTELY BEAUTIFUL's option, in lieu of the
provision of products by the Artist set out in Clause 3.4 above, ABSOLUTELY BEAUTIFUL may agree to provide the Artist with
promotional products and shall bear the cost thereof.
3.7 The artist shall not sell any products or offer any additional
service to the client without the express consent of ABSOLUTELY BEAUTIFUL
3.8 The Artist shall indemnify ABSOLUTELY
BEAUTIFUL for all injuries, losses, damage, costs, claims and actions occasioned to ABSOLUTELY BEAUTIFUL as a result of the
negligence of the Artist or any default by him in his obligations under this Agreement.
3.9 The Artist shall effect
and maintain throughout the duration of this Agreement Public and Products (with Treatment Extension) liability insurance
(with an insurance company whose registered office is in the United Kingdom)
of a minimum level of cover of £1,000,000
which includes any liability of the Artist or replacement Artist to ABSOLUTELY BEAUTIFUL or any Client or Client Company
4.1 In consideration of providing the Services the Artist shall be entitled to get paid directly by the Client.
4.2 The Fee is payable by the client to the Artist, if the Client refuses to pay the Artist, the Artist must contact
ABSOLUTELY BEAUTIFUL immediately and Absolutely beautiful will pay the artist the commission Fee provided that the artist
has carried out all the OBLIGATIONS specified in section number 3 of this agreement.
5 Obligations of ABSOLUTELY
5.1 ABSOLUTELY BEAUTIFUL will during the currency of this Agreement:
5.1.1. Pay the Fee in accordance
with the provisions of Clause 4 above.
5.1.2. Use its best endeavours to ensure that the Client Company fulfils its
obligations under the Client Contract.
5.1.3. Visit or contact the Client and/or Client Company at such intervals
as ABSOLUTELY BEAUTIFUL may agree with the Client/Client Company for the purpose of monitoring the performance of the parties
to the Client Contract and under this Agreement.
6.1 This Agreement may be terminated
by either party giving to the other one week's notice in writing and in the event of such termination fees shall be payable
on a pro rata basis for the Services provided to the date of termination.
6.2 Without prejudice to any legal or equitable
remedies for any breach of this Agreement, if either party defaults in any of its obligations under this Agreement and fails
to comply with a written notice from the other party warning against further default of a similar nature or if it is practicable,
require no default to be remedied within such reasonable period as the notice specified, then the other party may terminate
this Agreement forthwith by giving the defaulting party written notice to that effect.
6.3 Either party to the Agreement
may terminate this Agreement by giving the other party written notice to that effect at any time after that other party has
a receiver appointed of the whole or of any part of his property his undertaking or makes any composition or scheme of arrangement
that his creditors or is subject to a Bankruptcy Order or an Administration Order, or goes into liquidation and if that other
party is a partnership then the right to terminate this Agreement under this Clause shall arise on the happening of any of
the aforesaid events to the partnership or to any partner therein.
6.4 If default in the performance of any obligation
under this Agreement is caused unavoidably by cancellation of the Client Contract, industrial action or by restrictions imposed
by any government regulation or legislation or fire or flood or act of God or by any other occurrence which the defaulting
party is unable to prevent by taking reasonable measure and the defaulting party gives the other party written notice thereof
as soon as is reasonably practicable after the said occurrence, then the defaulting party shall not be liable for any loss,
damage or injury occasioned to the other party by the default.
7. Status of the Artist
7.1 The Artist
shall carry out his statutory duties in accordance with his status as a self-employed independent contractor, in that the
Artist shall arrange and pay his own National Insurance Contributions and shall be accountable to the Inland Revenue directly
for all income which accrues under this Agreement and furthermore shall carry out any other statutory duties and obligations
imposed upon him in connection with this Agreement and the Artist agrees to indemnify ABSOLUTELY BEAUTIFUL against all demands
any primary Class 1 national insurance contributions and any income tax, penalties and interest made against
it in respect of the Artist's services hereunder and against its costs of dealing with such demands.
7.2 The Artist
shall not be subject to direction from ABSOLUTELY BEAUTIFUL as to the manner in which he performs the Services.
It is acknowledged that the Artist is in business on his own account and may engage in beauty services on his own account
or for any other person or company outside his time spent providing the Services under this Agreement subject to Clause 8
7.4 The Artist shall if so required by ABSOLUTELY BEAUTIFUL produce evidence that he is complying with the
provisions of this Clause.
8. Non Solicitation
8.1 The Artist shall not directly or indirectly solicit,
approach or canvass work from or deal with any Client(s) or Client Companies with whom he has dealt under this Agreement within
12 months of providing the Services to ABSOLUTELY BEAUTIFUL in relation to the Client(s) or Client Companies.
Confidentiality and Data Protection
9.1 The Artist shall treat as confidential any information to which he has access
in the course of performing the Services under this Agreement relating to the business and finances or dealings transactions
and Clients or Client Companies of ABSOLUTELY BEAUTIFUL and also the business and finances of its Clients or Client Companies.
9.2 The Artist shall not, except in the proper course of performing his obligations under this Agreement, during or
after termination of this Agreement divulge to any person whatsoever or otherwise make use of any confidential information
concerning ABSOLUTELY BEAUTIFUL or its Clients or Client Companies.
9.3 The Artist shall take all reasonable and necessary
measures to ensure the security and confidentiality of all data collected and stored during the course of performing his obligations
under this Agreement whether by electronic means, hard copy or otherwise.
9.4 The Artist shall comply with the provisions
of the Data Protection Act 1998.
10.1 Headings contained in this Agreement are for reference purposes
only and shall not be incorporated into this Agreement and shall not be deemed to be any indication of the meaning of the
Clauses to which they relate.
10.2 Any notice to be given under this Agreement shall be given in writing and may be
given either personally or may be sent by pre-paid first class post addressed in the case of ABSOLUTELY BEAUTIFUL to its principal
place of business for the time being and in the case of the Artist to his last known place of residence and any notice so
given by post shall be deemed to have been served at the expiration of 48 hours after the same was posted.
Agreement constitutes the entire and only legally binding Agreement between the parties and replaces any previous Agreement
or arrangements whether oral or written relating to the services and no variation to this Agreement shall be effective unless
made in writing and signed by or on behalf of the parties and expressed to be such variation.
10.4 This Agreement
is governed by and shall be construed in accordance with the laws of England.