TERMS AND CONDITIONS FOR SERVICES

These terms and conditions for services (this “Agreement”) are entered into by and between you (“you” or “Client”), and Peechy Group LLC, a Florida limited liability company, with a mailing address at 3401 N Miami Ave, Unit 215, Miami Florida, 33127 (“Service Provider”), hereinafter collectively referred to as (the “Parties”) as of the date in which Client receives the invoice and payment link together with this Agreement (the “Effective Date”). The following Agreement, together with any documents it expressly incorporates by reference, governs the relationship between Service Provider and Client. 

Please read the Agreement carefully before you make any payment to Service Provider. By making any payment or by clicking to accept or agree to the Agreement when this option is made available to you, you accept and agree to be bound and abide by this Agreement. If you do not want to agree to this Agreement, you must not make any payment to Service Provider.  

  1. Retention of Services. Subject to the terms and conditions herein, Client hereby retains Service Provider, a professional booking agency, to facilitate the booking of the professional beauty services, including but not limited to home-delivered professional hair styling, manicures and pedicures, cosmetics, and makeup services, as identified and described in the invoice provided to Client by Service Provider and on the specific date and time and location specified therein (collectively, the “Services”). It is further understood and acknowledged by Client and agreed to by the Parties that the actual Services will be provided directly to Client by a professional beauty artist (“Artist”) coordinated by Service Provider. Service Provider’s role is limited to booking and coordinating the Services of Client on behalf of Artist and does not include the direct provision of the Services. Furthermore, it is acknowledged and agreed that Service Provider and/or the Artist may provide the Services for other clients requesting such or similar services. Client does hereby acknowledge and waive any conflict of interest by Service Provider and/or Artist, and/or any of its principals in the representation of such other business and clientele.
  2. Indemnification and Limitation of Liability. 
    1. Notwithstanding Section 2.3. below, each party hereby agrees to indemnify, defend and hold harmless the other party, its affiliates, and their respective directors, employees and agents from and against any and all third party suits, claims, actions, demands, liabilities, expenses and/or losses, including reasonable legal expenses and reasonable attorneys’ fees (“Losses”) to the extent such Losses result from any breach of the Agreement or applicable law by such indemnifying party.
    2. Client and Service Provider agree that Service Provider’s maximum liability to Client under this agreement will be the sum of all fees paid to Service Provider by Client as of the date of any claim made.
    3. Client hereby acknowledges, agrees, and accepts that in no event whatsoever shall Service Provider be liable for any damages, injuries, losses, or claims resulting from the actions, omissions, negligence or gross negligence of Artist, including but not limited to any damages related to the Services provided or to be provided by Artist to Client, personal injury, theft, property damage, or any other harm or loss suffered by Client or any third party. Client understands and acknowledges that Service Provider's role is limited to booking and coordination services, and any liability arising directly from the provision of Services shall be solely the responsibility of the Artist providing such services. The Client hereby releases Service Provider from any claims, demands, damages, and liabilities of any kind related to the actions or omissions of any Artist booked through the Service Provider. 
  3. Client’s Obligations. Client shall:
    1. cooperate with Service Provider and its employees, agents or representatives in all matters relating to the booking of the Services;
    2. provide Artist with access to Client’s property or premises, and such accommodation and other facilities as may be requested by Artist, which shall allow a work environment for the purposes of performing the Services;
    3. respond promptly to any Service Provider and/or Artist request to provide direction, approvals, authorizations, or decisions that are reasonably necessary for Artist to perform Services in accordance with the requirements of this Agreement;
    4. provide such Client materials or information as Service Provider and/or Artist may request to carry out the Services in a timely manner and ensure that such Client materials or information are complete and accurate in all material respects; 
    5. obtain and maintain all necessary licenses and consents and comply with all applicable laws in relation to the Services before the date on which the Services are to start;
    6. behave in a professional manner that permits Artist, its employees, agents or representatives to deliver the Services correctly, which shall include but not be limited to, using respectful language or behavior towards Service Provider, not being under the influence of any drugs or alcohol on the Services’ date and time, etc. It is hereby acknowledged and agreed by Client that if, at Artist's reasonable discretion, the working environment is deemed unsafe, hostile, or otherwise inappropriate for the delivery of Services, Artist reserves the right to terminate the provision of Services immediately without the obligation to complete the Services. In such an event, Client shall still be responsible for paying the compensation agreed upon in this Agreement in full, as if the Services had been provided to its completion; 
    7. not pay any and all compensation in cash to Artist other than tips, unless otherwise agreed in writing by the Parties; and
    8. not arrive more than thirty (30) minutes late than the agreed time between the Parties. 
  4. Photo Release.  Client hereby grants permission to Service Provider, its agents and assigns, and/or Artist to use any artwork, design, image, photo or video, and likeness, for an indefinite period of time, by the Service Provider and/or Artist for all forms, media and manners, for any promotional purposes included but not limited to: news releases, photographs, video, audio, website, marketing, advertising, trade, promotion, and/or exhibition. Client grants unrestricted permission for images, videos, and recordings of Client to be used in print, video, digital and internet media. Client agrees that these images and/or voice recordings may be used for a variety of purposes and that these images may be used without further notification to Client. Client further acknowledges that he or she will not be compensated for these uses. Client hereby releases Service Provider and/or Artist and its agents and assigns from any claims that may arise from these uses, including without limitation claims of defamation or invasion of privacy, or of infringement of moral rights or rights of publicity or copyright. 
  5. Compensation.  As compensation for the Services, Client will pay to Service Provider the fees detailed in the invoice sent to Client by Service Provider, attached hereto and incorporated herein, in accordance to the following payment schedule:


Event

Amount of Fee

Payable

Effective Date

Retainer – 50%

Retainer paid within 24 hours of receipt of the invoice by wire transfer or credit card.

24 hours prior to Services’ Date

Balance – 50% 

On the date before on which the Services are to be provided the remaining balance will be charged to Client.


  1. Client hereby acknowledges, agrees and accepts that in the event Artist shows up at the address in which the Services are to be provided, but is not able to provide the Services due to Client’s actions or inactions, Client shall not be reimbursed any of the paid fees, and shall still have the obligation to pay Service Provider the fee in full. 
  2. Term and Termination.  
    1. The Agreement will commence on the Effective Date and will continue until a date when Client and Service Provider mutually agree that the Services are completed, unless and until the Agreement is terminated pursuant to the terms contained herein.
    2. Either party may terminate this Agreement, effective upon written notice to the other party (the “Defaulting Party”), if the Defaulting Party breaches this Agreement, and such breach is incapable of cure, or with respect to a breach capable of cure, the Defaulting Party does not cure such breach within five (5) days after receipt of written notice of such breach.
    3. If Client provides written notice of cancellation at least 48 hours prior to the scheduled time for Services to be provided, Client shall be entitled to a full refund of any compensation already paid to Service Provider. If Client cancels the Services by providing written notice between 48 to 24 hours before the scheduled time for Services to be provided, Client shall be responsible for paying 50% of the total Compensation as detailed in Article 5 of this Agreement. Should Client cancel the Services with less than 24 hours written notice, Client shall pay to Service Provider the full Compensation amount set forth in Article 5. 
    4. All late payments shall bear interest at the lesser of the rate of 18% per year or the highest rate permissible under applicable law, calculated daily and compounded monthly. Client shall also reimburse Service Provider for all reasonable costs incurred in collecting any late payments, including, without limitation, attorneys’ fees.
  3. Non-Circumvention. Client shall not, during the term of this Agreement and for a period of 2 years thereafter, directly or indirectly (i) enter into any transaction with Artist, or any other party introduced by Service Provider (“Introduced Party”), similar to, in competition with, or which otherwise could have the effect of Service Provider from receiving the full benefit of the business contemplated in this Agreement; or (ii) solicit the Introduced Party to enter into any such transaction.
  4. Force Majeure. No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of Client to make payments to Service Provider hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) COVID-19 and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within two (2) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of five (5) consecutive days following written notice given by it under this Section 8, either Party may thereafter terminate this Agreement upon seven (7) days' written notice.
  5. Choice of Law; Waiver of Jury Trial.  This Agreement will be governed by, and interpreted in accordance with, the laws of Florida, without application of any conflict of laws provisions thereof, and all claims relating to or arising out of this Agreement, or breach thereof, whether sounding in contract, tort or otherwise, will likewise be governed by the laws of Florida, without application of any conflict of laws provisions thereof.  

THE PARTIES HERETO, AFTER HAVING THE OPPORTUNITY TO REVIEW THE SAME WITH LEGAL COUNSEL OF THEIR CHOICE, HEREBY KNOWINGLY AND IRREVOCABLEY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING UNDER THIS AGREEMENT AND AGREE TO SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF A COURT OF SUBJECT MATTER JURISDICTION LOCATED IN MIAMI-DADE COUNTY, FLORIDA.

  1. Counterparts. This Agreement may be executed in counterparts, which may be delivered by email or other form of electronic transmission, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. 
  2. Severability. If any part of this Agreement will be held unenforceable for any reason, the remainder of this Agreement will continue in full force and effect.  If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision will be deemed to be construed as so limited.  
  3. Notice.  Any notice required or otherwise given pursuant to this Agreement will be in writing and mailed certified receipt requested, postage prepaid, or delivered by nationally recognized overnight delivery service addressed to the addresses listed in the Preamble. The address of either party may be changed by written notice to the other.
  4. Entire Agreement.  This Agreement constitutes an entire agreement between the Parties, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement.  There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement.