TERMS AND CONDITIONS

Terms

 

 

Terms Services

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Kobido House will provide the Client with the following services and/or products (“Services”):

Location and provision of services

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Location. The Provider will provide the Client with the Services at a location confirmed after the Client has made a reservation for privacy reasons.

Provision of services. The Provider will provide all Services unless otherwise specified in this Agreement.

Cost, fees and payment

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Cost. The total cost (“Total Cost”) of all Services is due in full upon completion of the service or at the discretion of the masseuse.

Exclusivity

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Exclusivity. The Client understands and agrees that he has engaged Kobido House to the exclusion of any other service provider. In order to ensure a high level of satisfaction and quality of service, no other service provider, other than the assistant or third party that Kobido House engages to perform the Services specified in this Agreement, is authorized to provide the same or similar services or products, whether paid or unpaid, at the locations and times specified in this Agreement.

Intellectual Property

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Copyright Ownership. In the event that any copyrightable work(s) is(are) created as a result of the Services provided by Kobido House under this Agreement, Kobido House owns all copyrights in any works it creates or produces under federal copyright law (title 17, chapter 2, section 201-02 of the United States Code), whether registered or unregistered. Any products, tangible or intangible, produced or created in connection with or during the performance of this Agreement are expressly and exclusively the property of Kobido House and may be used in the reasonable course of Kobido House's business

Permitted Uses of Product(s). Supplier grants Client a non-exclusive license to the product(s) produced with and for Client for personal use only, provided that Client provides Gracious Esthetics Ltd. with attribution each time Client uses Kobido House Property. Personal use includes, but is not limited to, use in the following contexts:

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In photographs on Client’s personal pages or social media profiles; or

In personal creations such as a scrapbook or personal gift; or

In personal communications such as a family newsletter, email or holiday card.

Artistic Release

Style. Client has spent sufficient time reviewing Gracious Esthetics Ltd.’s work and has a reasonable expectation that Kobido House will perform the Services in a similar manner and style, unless otherwise specified in this Agreement.

Consistency. Kobido House will use its best efforts to ensure that Client’s desired Services are produced in a style and manner consistent with Kobido House’s current portfolio, and Kobido House will attempt to incorporate any reasonable suggestions from Client. However, the Client understands and agrees that:

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Every Client is different, with different tastes, budgets and needs;

All Services are often subjective art, and the Provider has a unique vision, with an ever-evolving style and technique;

Kobido House will use its education and artistic judgment in providing the Services to the Client, which may not include strictly following the Client's suggestions;

Although Kobido House will make every effort to take into account the Client's suggestions and wishes in providing the Services, the Provider has the final say on the aesthetic quality of the Services;

Dissatisfaction with Kobido House's aesthetic judgment or artistic ability shall not constitute a valid reason for terminating this Agreement or requesting a refund.

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Limitation of Liability

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Maximum Damages.

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The Client agrees that the maximum amount of damages to which the Client is entitled in the event of any claim related to this Agreement or the Services provided herein shall not exceed the Total Cost of the Services provided by Kobido House

Damages. The Client agrees to indemnify, defend and hold harmless Kobido House and its affiliates, employees, agents and independent contractors from and against any injury, property damage, liability, claim or other cause of action arising out of or relating to the Services and/or products that Kobido House provides to the Client.

 

Cancellation, Rescheduling and Non-Attendance

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Cancellation, Rescheduling of Services or Non-Attendance of Client. If Client wishes to cancel Services, reschedule Services or if Kobido House is unable to provide Services due to the fault of Client or parties related to Client, such as the absence or non-appearance of one or more material parties at the relevant time, Client must give 24 hours notice prior to the visit via the notice provisions detailed in this Agreement. Kobido House shall have no obligation to attempt to re-book further Services to fill the gap created by the Client's cancellation, rescheduling, non-attendance or if Kobido House is unable to provide Services due to the fault of Client (or parties related to Client) and Kobido House shall not be liable to refund any amounts previously paid by Client as part of the Total Cost. The Client is not released from any payment obligations for cancelled Services, postponed Services, no-shows or if Kobido House becomes unable to provide the Services due to the fault of the Client (or parties related to the Client), unless the Parties agree otherwise in writing. For example, if Kobido House is able to secure another, independent client, then Kobido House may, at its sole discretion, release all (or part) of the Client's dues from the Total Cost.

Impossibility

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Force Majeure. Neither party shall be liable to the other, or be deemed to be in default or in breach of this Agreement, for any failure or delay in performing or carrying out any term of this Agreement (except any obligation to make payments to the other party under this Agreement) when and to the extent such failure or delay is caused by or results from acts beyond the control of the affected party (the "Affected Party"), including, but not limited to, the following force majeure events (the "Force Majeure Events"): (a) acts of God; (b) natural disasters (fires, explosions, earthquakes, hurricanes, floods, storms, explosions, invasions), epidemics or pandemics; (c) war, invasion, hostilities (whether war has been declared or not), terrorist threats or acts, riots or other civil commotion; (d) governmental order or law; (e) acts, embargoes or blockades in effect on or after the date of this Agreement; (f) acts of any governmental authority; (g) a state of national or regional emergency; (h) strikes, work stoppages or slowdowns or other industrial disturbances; and (i) shortages of adequate energy or transportation facilities. The affected party must notify the other party within [number] days of the occurrence of the Force Majeure Event, specifying the period during which the event is expected to continue. The affected party must use its best efforts to terminate the failure or delay and to ensure that the effects of such Force Majeure Event are minimized. The affected party must resume performance of its obligations as soon as reasonably practicable after the cause is removed. In the event that the Affected Party's failure or delay remains uncured for a period of [number] days after it receives notice, the other party may thereafter terminate this Agreement upon receipt of notice.

Failure to Perform Services. In the event that Kobido House is unable or unwilling to perform its obligations under any or all parts of this Agreement, it (or the responsible party) must:

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Immediately notify the Client via the notice provisions detailed in this Agreement; and

Attempt to find another competent professional to replace the Client(s) by mutual consent;

If another competent professional is not available or the Client(s) do not agree to transfer the obligations to said alternative professional, the Company will refund or make a credit based on a reasonably accurate percentage of the services performed; and

Release the Client(s) from any further performance and/or payment obligations under this Agreement.

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Health and Safety. Clients further understand that Kobido House complies with all health and safety laws, directives, rules and regulations. Clients expressly agree that during the treatment, Clients and Client's agents will not carry weapons or anything that could endanger the beauticians. Furthermore, Kobido House will not provide services in any location or area deemed unsafe in its sole discretion, including but not limited to areas affected by infectious diseases, quarantined areas or other similar events. In any of these circumstances, Kobido House reserves the right to immediately terminate coverage of the service and/or leave [event/wedding/session]. Kobido House has the right to retain all amounts paid and Clients agree to indemnify and hold Kobido House harmless from any liability resulting from incomplete coverage of the event or due to the lack of quality of work by Kobido House

General Provisions

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Applicable Law. All matters arising from or related to this Agreement shall be subject to the law of Kobido House

Severability. If any part of this Agreement is held to be illegal or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.

Notice. The parties will provide each other with effective notice ("Notice") by one of the following delivery methods on the date and time the Notice is sent:

Email katarzynatez@wp.pl

Merger. This Agreement constitutes the final, exclusive agreement between the parties regarding the Services contained in this Agreement. All prior and contemporaneous negotiations and agreements between the parties regarding the matters contained in this Agreement are expressly merged and superseded by this Agreement.

Amendment. The parties may amend this Agreement only by the written consent of the parties through appropriate Notice.