Styling Terms

1. Styling Terms Introduction

These Service Specific Terms are additional terms that apply specifically to the Client’s use of the “Styling Service” (as defined below) and are subject to and incorporated into the Terms of Use between Vostra Moda, LLC (“we”, “us”, “our”, “Vostra Moda”) and the Client (collectively, “Parties“), based upon the requirements as set forth below (the “Styling Terms”).

The Styling Terms detail the rights relating to the provision of the Styling Service, please review them carefully as they are a legally binding agreement between the Client (“you” and “your”) and the Stylist.

1.1 Definitions

Any capitalized words or phrases not defined in the Styling Terms have the meaning as specified in the Terms of Use or Privacy Policy.

Unless the context otherwise clearly indicates, all capitalized terms used in the singular include the plural and vice versa.

Styling Service

Styling Services are more fully described in Exhibit A and any other exhibits as may be incorporated under the Styling Terms.

3. The Materials

All materials, worksheets, documents, ideas, processes, custom strategies, custom tips, trade secrets, and other information, developed in whole or in part by us in connection with the Styling Service (collectively, “Materials“) are owned, controlled, or licensed by or to Vostra Moda, and is protected by trade dress and copyright.

You may use the Materials purposely made available by us in connection with the Styling Service provided that you…

You acknowledge that you will make no claim to, nor have any: right, title, or interest in or to the Materials; all Materials remain the property of Vostra Moda; and that we will own all rights, title, and interest in or to the Materials.

You agree to cooperate with us, at your expense, in all further actions, which we deem necessary or desirable to confirm, register, protect or enforce our rights in and to the Materials.

4. Client Account

You will be required to share Personal Data with us to participate in certain Offerings. To register an account, you must…

4.1 Updating Registration Data

You are responsible for maintaining and updating your Registration Data. If we have reasonable grounds to suspect that your Registration Data is untrue, inaccurate, outdated, or incomplete, we have the right to suspend or terminate your account and prohibit any and all current or future use of the Site or participation in the Offering by you.

4.2 Confidentiality of Registration Data

You are responsible for maintaining the confidentiality of your Registration Data and you are wholly liable for all activities occurring thereunder. We are not liable for any loss or damage arising from your failure to comply with the confidentiality of your Registration Data.

You agree to…

Your right to access your account and Registration Data is personal to you, non-transferable, and non-assignable.

4.3 Your Account Access

The account access term is perpetual from the date of account creation until such time as either party notifies the other to terminate. The account access term for participation in a specific Offering is determined by the applicable Service-Specific term.

We may suspend your access or terminate your account at our sole discretion. Our suspension or termination of your account hereunder may be effected without notice and without liability to you in any way.

In the event that we suspend your access or terminate your account, you will continue to be bound by the Styling Terms that were in effect as of the date of your suspension or termination.

5. Compensation and Payment

You will pay Vostra Moda the fees in United States Dollars as set forth in the invoice associated with the Styling Service from Exhibit A. Thereafter, you will pay either the full price or the agreed-upon installments.

There are unique requirements and restrictions on the use of a payment program or eGift program.

We accept major credit cards and/or such other payment methods we may make available to you, as forms of payment. You are subject to all terms and conditions of the payment method you choose.

5.1 Pricing and Availability

All prices and availability of the Offerings are subject to change at our sole discretion and without notice.

5.2 Fees

If any additional fees are incurred, as agreed to by the Parties, we will invoice you for all such expenses.

Failure to pay any fee or invoice may result in temporary or permanent suspension of the Styling Service.

6. Refund Policy

We do not provide refunds, returns, or exchanges for any reason.

7. Term and Termination

Without prior written consent, the Styling Terms will be effective upon the submission of the full payment, prepayment, or initial payment and will persist until the term end date associated with the specific Styling Service you purchase. Styling Services that do not specify a term end date will persist until the completion of that service. You agree to be responsible for the entire payment plan if any.

7.1 Termination

The Styling Terms will terminate automatically upon the term end date or completion of the Styling Service required by the Styling Terms.

Early Termination. Should the Styling Terms be terminated prior to the term end date or the completion of the Styling Service, you will remain responsible for the full cost of the Styling Service.

Arrears of Payments. In the event that you are in arrears of payment, all payments due hereunder will be immediately due and payable. We may immediately collect all sums due and terminate further Styling Services at our sole discretion.

8. Representations and Warranties

The Parties will perform the Styling Service described in the Styling Terms and any exhibits hereto.

9. Confidentiality

As used herein, “Confidential Information” means all confidential or proprietary information disclosed by a party (the “Disclosing Party“) to the other party (the “Receiving Party”).

Confidential Information includes, without limitation, the terms of the Styling Terms, any personal, technical, or business information, marketing or distribution plans, strategies or arrangements, or trade secrets relating to the products, systems, equipment, services, sales, research, or business of any party.

Confidential Information does not include information that:

The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena, or legal process,  and agrees to:

The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena, or legal process.

You acknowledge your continuing obligation to raise any confidentiality questions or concerns with us in a timely manner.

You understand and agree that the relationship between the Parties is not subject to a legally recognized privilege and thus communications are not subject to any such protections outside of those detailed above.

10. Changes and Revisions

The Styling Terms are limited to the Styling Service outlined in Exhibit A. If you request new work or changes that are outside the original scope of the Styling Service, we will provide an estimate.

Additional Styling Services may be added and charged based on the agreement between the Parties.

11. Photographs and Video

We may coordinate to have the Styling Service photographed or recorded (before, during, and/or after completion) for possible inclusion in our portfolio, website, and social media, or for other potential business or marketing purposes, without further approval from or any payment to you.

Use of your identity will not be utilized without your consent. Please review the Privacy Policy for full details on your data protection rights.

Furthermore, should you publish photos or recordings of the Styling Service, you will give us credit.

12. Indemnification

You will indemnify, defend, and hold Vostra Moda, and its subsidiaries, affiliates, officers, directors, agents, employees, representatives, and service providers, harmless from and against any and all, demands, liabilities, losses, damages, costs, expenses (including attorneys’ fees and costs) incurred or suffered by or threatened against us in connection with or as a result of any claim brought by or on behalf of any third-party as a result of or in connection with our appearance or association with you unless such claim arises from our acts or omissions or arises from breach of any obligation and/or warranty made by us hereunder.

15. Status

The Parties understand and agree that the stylist of Vostra Moda (the “stylist”) is an independent contractor. Neither the Stylist nor its agents will be entitled to and waive any and all claims to any employee benefits as a result of your relationship with the Stylist.

It is understood by the Parties that the relationship established by the Styling Terms is one of an independent contractor and will have no power or authority to assume or create any obligation or responsibility on behalf of each other to third parties unless otherwise indicated by such party, in writing.

16. No Agency

Nothing herein will be deemed to create any agency, partnership, joint venture, employment, franchise, physician-patient, or sales representative relationship of any kind between you and the Stylist or Vostra Moda, nor do the Styling Terms extend rights to any third-party.

17. Dispute Resolution

The Parties will attempt to resolve any dispute out of or relating to the Styling Terms through friendly negotiations amongst the Parties. If the matter is not resolved by negotiation, Parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

17.1 Arbitration

The Styling Terms will be governed and construed in accordance with the laws of New Hampshire without reference to its conflict of law provisions. Any controversy or claim arising out of or relating to the Styling Service, the Styling Terms, or the breach thereof will be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The place of any such arbitration will be in Hillsborough County, New Hampshire. The Parties also agree that the AAA Optional Rules for Emergency Measures of Protection will apply to the proceedings. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to the Styling Service or the Styling Terms. Notwithstanding the foregoing, any action seeking injunctive relief will be submitted to the courts and will not be subject to this provision.

No arbitration relating to the Styling Terms will include any additional person not a party to the Styling Terms except by written consent of you, us, and the additional persons in question.

In no event will any demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitation.

If the disputed amount is less than the jurisdictional limit for small claims, such a court will be used in place of arbitration.

Should there be any legal action between the Parties or arising out of the Styling Terms, the prevailing party will be paid reasonable legal fees agreed upon through arbitration.

Any claim not subject to arbitration will be governed by the laws of the State of New Hampshire, without reference to its conflict of law principles and jurisdiction of any and all such disputes will lie in the state and federal courts sitting in Hillsborough County, New Hampshire. You consent to personal jurisdiction in the state and federal courts located therein and hereby waive all defenses of lack of personal jurisdiction and forum non-conveniens.

18. Force Majeure

We will not be deemed in breach of the Styling Terms if we are unable to complete the Styling Service or any portion thereof by reason of fire, earthquake, labor dispute, an act of God or public enemy, death, pandemic, illness, or incapacity or any local, state, federal, national or international law, governmental order or regulation or any event beyond our control (collectively, “Force Majeure Event“).

Upon the occurrence of a Force Majeure Event, we will give you notice of our inability to perform or of delay in completing the Styling Service and will propose revisions to the schedule for completion of the Styling Service.

19. COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. As a result, current federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. These regulations and requirements are ever-changing and may change between the time the Styling Terms are signed and any Styling Services are performed. We will use our best efforts to comply with all current regulations but will not be responsible for any changes that occur between the date of execution of the Styling Terms and the provision of any Styling Service.

You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that any person present during the Styling Service or any visitor to the Premises may be exposed to or infected by COVID-19 by allowing us to perform the Styling Service and that such exposure or infection may result in personal injury, illness, permanent disability, and death.

You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to attendees of any Styling Service or visitors to the Premises, illness, damage, loss, claim, liability, or expense, of any kind.  

You hereby release, discharge, and hold us harmless from any liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto.

You also agree that in the event we must postpone or cancel any Styling Service due to the COVID-19 pandemic, you agree that we will not refund amounts already paid, but will resume the Styling Service as soon as practicable.

20. Assignment

The Styling Terms will not be transferred or assigned, in whole or in part, to any third-party by you without our express written consent, which may be withheld at our sole discretion.

Nothing in the Styling Terms, express or implied, is intended to or will confer upon any third-party person or entity any right, benefit, or remedy of any nature whatsoever under or by reason of the Styling Terms.

21. Miscellaneous

21.1 No Waiver

Any failure of either party to enforce any provision of the Styling Terms, or any right or remedy provided for therein, will not be construed as a waiver, estoppel with respect to, or limitation of that party’s right to subsequently enforce and compel strict compliance or assertion of a remedy.

21.2 Severability

If any provision of the Styling Terms is or becomes illegal, unenforceable, or invalid, such provision will be enforced to the maximum extent permitted and the remainder of the Styling Terms will remain in full force and effect without being impaired or invalidated in any way.

21.3 Survivability

Any rights or obligations contained herein that by their nature should survive termination of the Styling Terms will survive, including, but not limited to representations, warranties, intellectual property rights, indemnity obligations, limitations of liability, dispute resolution clauses, and confidentiality obligations.

21.4 Actions Permitted

Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to the Styling Terms may be brought by either party more than one (1) year after the cause of action has accrued.

21.5 Jointly Drafted

Each party has participated in negotiating and drafting the Styling Terms, such that if any ambiguity or question of intent or interpretation arises, the Styling Terms will be construed as if the Parties had drafted it jointly, as opposed to being construed against a party by reason of the rule of construction that a document is to be strictly construed against the party on whose behalf of the document was prepared.

21.6 Counterparts

The Styling Terms may be executed in several counterparts, all of which taken together will constitute one single agreement between the Parties. The Parties expressly agree that with respect to the Styling Terms, an electronic signature or executed document which has been formatted as a Portable Document Format (PDF) and electronically exchanged will be binding upon the Parties and their respective successors and permitted assigns.

21.7 Entire Agreement

The Styling Terms, and any applicable references herein, represent a single agreement, as well as the entire agreement with respect to the subject matter herein. The Styling Terms supersedes any prior agreement between the Parties, whether written or oral, with respect to the subject matter, and may be modified or amended only by a writing signed by the party to be charged.

21.8 In Witness Whereof

The Parties hereto have duly executed the Styling Terms as of the date of submission of the full payment, prepayment, or initial payment.

22. How to Contact Us