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A makeup artist contract is an agreement signed by a freelance makeup artist and their client that details what services will be provided and what fee needs to be paid.
For a freelance makeup artist, a signed contract puts into writing what fee they require, how long client sessions will last, and what materials they'll provide. It'll also protect the artist if something goes wrong, like losses or damages due to a cancelled appointment.
For the client, a makeup artist contract locks in the artist for a service at a set time and place. There are specific details that outline what service is going to be provided and what needs to be disclosed by the client (i.e., skin conditions) as well as what the makeup artist must do if they fail to meet the expectations of the client.
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A makeup contract outlines the terms and conditions of any service provided by the artist to a client.
The reason an agreement is extremely important for freelance makeup artists is that it's legally binding, so it acts as a safeguard for both parties. The document outlines exactly what the makeup artist will provide, how long the service will last, how payment should be made, and how to deal with any disputes or misunderstandings.
So, what are the most important elements for a makeup artist contract to keep both parties (legally) safe?
A clear, detailed outline of the service the makeup artist will provide is necessary.
This section will describe the work that the makeup artist will do (i.e., full face makeup with lashes), how much it will cost, and whether it's a one-off event or an ongoing service.
The makeup contract will outline exactly when and where the appointment between the makeup artist and client will take place.
Because the timeframe for makeup appointments differs from client to client, some makeup artists may prefer to give a rough timeline for how long they think the appointment will last (i.e., 1 hour) and then expand on whether they will charge a set fee or require to be paid hourly.
This section of the makeup contract outlines how the makeup artist will be paid, either as a set fee or by the hour.
It's important for the makeup artist to be clear about their pricing strategy to avoid confusion. If a makeup artist decides to charge a set fee for an appointment with their client, and it takes longer than they anticipated, the client is not obligated to pay anymore than the fee stated on the contract.
If the makeup artist requires the client to pay a deposit for their appointment(s), this should also be written into this section of the contract.
If the makeup artist needs to travel outside of their normal catchment area, they need to stipulate whether or not they expect to be reimbursed for booking and travel expenses.
The makeup artist contract should clearly state whether or not expenses are included in the original fee. If they are not, the agreement needs to make it clear whether or not the makeup artist needs to have booking or travel expenses pre-approved by the client.
What does each party need to do to prepare for the appointment?
If the makeup artist needs to travel and arrive early to prepare their station, this should be written into the contract so the client is aware. On the contrary, if the client is late to an appointment and leaves the makeup artist waiting, the agreement should outline whether or not they are liable to reimburse the artist for the wait.
This section will include the steps the makeup artist needs to take to gain the client's permission to post any material of them. If the makeup artist takes a photograph of the client's makeup and intends to use it for self-promotion on their social media channel—the client must agree.
Any liabilities should be detailed here as well. If a client has a skin condition or allergens, they must inform the makeup artist prior to the appointment so they can adjust the materials they use or exit the contract if necessary. This releases the makeup artist from legal action for any allergic reactions or skim complications that may occur as a result of the appointment with the client.
A cancellation clause is important because it covers both parties if someone backs out of the appointment(s).
The clause outlines how far ahead either party can cancel and when they are obligated to pay a cancellation fee. If either the makeup artist or client wishes to terminate the contract entirely, the clause will outline how to exit legally.
Other important elements of a makeup artist contract include clauses like indemnity and confidentiality agreements.
These elements also act as a safety net for both the makeup artist and client to protect them against losses and damaged as well as how sensitive information should be handled once the contract expires.
Instead of creating a contract from scratch, get a head start with a makeup contract template that's been checked (and approved) by legal teams. This makeup artist contract includes all of the protections, clauses and details you need to enter into any agreement with confidence… and it'll also save you hours of time.
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The best thing about Bonsai's makeup artist contract isn't that it's legally watertight (thanks to a thorough screening by lawyers), but it's fully customizable to your individual needs.
As a makeup artist, you can quickly edit the template and change important details, like pricing, services, tax obligations, and deposit requirements. Instead of spending hours writing a contract yourself (of thousands of dollars on a law firm drawing one up for you), Bonsai's template has everything you need.
Bonsai gives makeup artists two options to create a legally binding contract agreement—by either downloading our simple PDF template or using our contract generator to customize and create your own.
Using Bonsai's contract generator, makeup artists can tweak important parts of an agreement like invoice dates, liabilities, and confidentiality clauses.
Once you're happy with it, decide how you want to get paid, click "create contract", and Bonsai will do the rest!
A makeup artist's rate will depend on whether they're charging per appointment or per hour. In the United States, makeup artists charge (on average) $31/hour, but the rate can be as high as $94.45/hour depending on where they're located.
Makeup artists charging set rates can demand between $90 and $475 per session, with add-ons like lashes and airbrushing costing extra.
The typical deposit required by a makeup artist to secure an appointment ranges from 20%-50% of the overall price of the service. This will usually need to be paid when the appointment is made or within a certain timeframe (i..e., 7 days) before the appointment takes place.
This Contract is between Sample Client (the "Client") and John Doe (the "Makeup Artist").
The Contract is dated [the date both parties sign].
1. WORK AND PAYMENT.
1.1 Project. The Client is hiring the Makeup Artist to do the following: The Makeup Artist will assist the Client with makeup art services.
1.2 Schedule. The Makeup Artist will begin work on August 22, 2020 and the work is ongoing. This Contract can be ended by either Client or Makeup Artist at any time, pursuant to the terms of Section 6, Term and Termination.
1.3 Payment. The Client will pay the Makeup Artist a rate of $80.00 (USD) per hour. Of this, the Client will pay the Makeup Artist $600.00 (USD) before work begins.
1.4 Expenses. The Client will reimburse the Makeup Artist's expenses. Expenses do not need to be pre-approved by the Client.
1.5 Invoices. The Makeup Artist will invoice the Client weekly. The Client agrees to pay the amount owed within 15 days of receiving the invoice. Payment after that date will incur a late fee of 5.0% per month on the outstanding amount.
1.6 Support. The Makeup Artist will not provide support for any deliverable once the Client accepts it, unless otherwise agreed in writing.
2. OWNERSHIP AND LICENSES.
2.1 Client Owns All Work Product. As part of this job, the Makeup Artist is creating “work product” for the Client. To avoid confusion, work product is the finished product, as well as drafts, notes, materials, mockups, hardware, designs, inventions, patents, code, and anything else that the Makeup Artist works on—that is, conceives, creates, designs, develops, invents, works on, or reduces to practice—as part of this project, whether before the date of this Contract or after. The Makeup Artist hereby gives the Client this work product once the Client pays for it in full. This means the Makeup Artist is giving the Client all of its rights, titles, and interests in and to the work product (including intellectual property rights), and the Client will be the sole owner of it. The Client can use the work product however it wants or it can decide not to use the work product at all. The Client, for example, can modify, destroy, or sell it, as it sees fit.
2.2 Makeup Artist's Use Of Work Product. Once the Makeup Artist gives the work product to the Client, the Makeup Artist does not have any rights to it, except those that the Client explicitly gives the Makeup Artist here. The Client gives the Makeup Artist permission to use the work product as part of the Makeup Artist's portfolio and websites, in galleries, and in other media, so long as it is to showcase the Makeup Artist's work and not for any other purpose. The Makeup Artist is not allowed to sell or otherwise use the work product to make money or for any other commercial use. The Client is not allowed to take back this license, even after the Contract ends.
2.3 Makeup Artist's Help Securing Ownership. In the future, the Client may need the Makeup Artist's help to show that the Client owns the work product or to complete the transfer. The Makeup Artist agrees to help with that. For example, the Makeup Artist may have to sign a patent application. The Client will pay any required expenses for this. If the Client can’t find the Makeup Artist, the Makeup Artist agrees that the Client can act on the Makeup Artist's behalf to accomplish the same thing. The following language gives the Client that right: if the Client can’t find the Makeup Artist after spending reasonable effort trying to do so, the Makeup Artist hereby irrevocably designates and appoints the Client as the Makeup Artist's agent and attorney-in-fact, which appointment is coupled with an interest, to act for the Makeup Artist and on the Makeup Artist's behalf to execute, verify, and file the required documents and to take any other legal action to accomplish the purposes of paragraph 2.1 (Client Owns All Work Product).
2.4 Makeup Artist's IP That Is Not Work Product. During the course of this project, the Makeup Artist might use intellectual property that the Makeup Artist owns or has licensed from a third party, but that does not qualify as “work product.” This is called “background IP.” Possible examples of background IP are pre-existing code, type fonts, properly-licensed stock photos, and web application tools. The Makeup Artist is not giving the Client this background IP. But, as part of the Contract, the Makeup Artist is giving the Client a right to use and license (with the right to sublicense) the background IP to develop, market, sell, and support the Client’s products and services. The Client may use this background IP worldwide and free of charge, but it cannot transfer its rights to the background IP (except as allowed in Section 11.1 (Assignment)). The Client cannot sell or license the background IP separately from its products or services. The Makeup Artist cannot take back this grant, and this grant does not end when the Contract is over.
2.5 Makeup Artist's Right To Use Client IP. The Makeup Artist may need to use the Client’s intellectual property to do its job. For example, if the Client is hiring the Makeup Artist to build a website, the Makeup Artist may have to use the Client’s logo. The Client agrees to let the Makeup Artist use the Client’s intellectual property and other intellectual property that the Client controls to the extent reasonably necessary to do the Makeup Artist's job. Beyond that, the Client is not giving the Makeup Artist any intellectual property rights, unless specifically stated otherwise in this Contract.
3. COMPETITIVE ENGAGEMENTS. The Makeup Artist won’t work for a competitor of the Client until this Contract ends. To avoid confusion, a competitor is any third party that develops, manufactures, promotes, sells, licenses, distributes, or provides products or services that are substantially similar to the Client’s products or services. A competitor is also a third party that plans to do any of those things. The one exception to this restriction is if the Makeup Artist asks for permission beforehand and the Client agrees to it in writing. If the Makeup Artist uses employees or subcontractors, the Makeup Artist must make sure they follow the obligations in this paragraph, as well.
4. NON-SOLICITATION. Until this Contract ends, the Makeup Artist won’t: (a) encourage Client employees or service providers to stop working for the Client; (b) encourage Client customers or clients to stop doing business with the Client; or (c) hire anyone who worked for the Client over the 12-month period before the Contract ended. The one exception is if the Makeup Artist puts out a general ad and someone who happened to work for the Client responds. In that case, the Makeup Artist may hire that candidate. The Makeup Artist promises that it won’t do anything in this paragraph on behalf of itself or a third party.
5.1 Overview. This section contains important promises between the parties.
5.2 Authority To Sign. Each party promises to the other party that it has the authority to enter into this Contract and to perform all of its obligations under this Contract.
5.3 Makeup Artist Has Right To Give Client Work Product. The Makeup Artist promises that it owns the work product, that the Makeup Artist is able to give the work product to the Client, and that no other party will claim that it owns the work product. If the Makeup Artist uses employees or subcontractors, the Makeup Artist also promises that these employees and subcontractors have signed contracts with the Makeup Artist giving the Makeup Artist any rights that the employees or subcontractors have related to the Makeup Artist's background IP and work product.
5.4 Makeup Artist Will Comply With Laws. The Makeup Artist promises that the manner it does this job, its work product, and any background IP it uses comply with applicable U.S. and foreign laws and regulations.
5.5 Work Product Does Not Infringe. The Makeup Artist promises that its work product does not and will not infringe on someone else’s intellectual property rights, that the Makeup Artist has the right to let the Client use the background IP, and that this Contract does not and will not violate any contract that the Makeup Artist has entered into or will enter into with someone else.
5.6 Client Will Review Work. The Client promises to review the work product, to be reasonably available to the Makeup Artist if the Makeup Artist has questions regarding this project, and to provide timely feedback and decisions.
5.7 Client-Supplied Material Does Not Infringe. If the Client provides the Makeup Artist with material to incorporate into the work product, the Client promises that this material does not infringe on someone else’s intellectual property rights.
6. TERM AND TERMINATION. This Contract is ongoing, until ended by the Client or the Makeup Artist. Either party may end this Contract for any reason by sending an email or letter to the other party, informing the recipient that the sender is ending the Contract and that the Contract will end in 7 days. The Contract officially ends once that time has passed. The party that is ending the Contract must provide notice by taking the steps explained in Section 11.4. The Makeup Artist must immediately stop working as soon as it receives this notice, unless the notice says otherwise. The Client will pay the Makeup Artist for the work done up until when the Contract ends and will reimburse the Makeup Artist for any agreed-upon, non-cancellable expenses. The following sections don’t end even after the Contract ends: 2 (Ownership and Licenses); 3 (Competitive Engagements); 4 (Non-Solicitation); 5 (Representations); 8 (Confidential Information); 9 (Limitation of Liability); 10 (Indemnity); and 11 (General).
7. INDEPENDENT CONTRACTOR. The Client is hiring the Makeup Artist as an independent contractor. The following statements accurately reflect their relationship:
- The Makeup Artist will use its own equipment, tools, and material to do the work.- The Client will not control how the job is performed on a day-to-day basis. Rather, the Makeup Artist is responsible for determining when, where, and how it will carry out the work.- The Client will not provide the Makeup Artist with any training.- The Client and the Makeup Artist do not have a partnership or employer-employee relationship.- The Makeup Artist cannot enter into contracts, make promises, or act on behalf of the Client.- The Makeup Artist is not entitled to the Client’s benefits (e.g., group insurance, retirement benefits, retirement plans, vacation days).- The Makeup Artist is responsible for its own taxes.- The Client will not withhold social security and Medicare taxes or make payments for disability insurance, unemployment insurance, or workers compensation for the Makeup Artist or any of the Makeup Artist's employees or subcontractors.
8. CONFIDENTIAL INFORMATION.
8.1 Overview. This Contract imposes special restrictions on how the Client and the Makeup Artist must handle confidential information. These obligations are explained in this section.
8.2 The Client’s Confidential Information. While working for the Client, the Makeup Artist may come across, or be given, Client information that is confidential. This is information like customer lists, business strategies, research & development notes, statistics about a website, and other information that is private. The Makeup Artist promises to treat this information as if it is the Makeup Artist's own confidential information. The Makeup Artist may use this information to do its job under this Contract, but not for anything else. For example, if the Client lets the Makeup Artist use a customer list to send out a newsletter, the Makeup Artist cannot use those email addresses for any other purpose. The one exception to this is if the Client gives the Makeup Artist written permission to use the information for another purpose, the Makeup Artist may use the information for that purpose, as well. When this Contract ends, the Makeup Artist must give back or destroy all confidential information, and confirm that it has done so. The Makeup Artist promises that it will not share confidential information with a third party, unless the Client gives the Makeup Artist written permission first. The Makeup Artist must continue to follow these obligations, even after the Contract ends. The Makeup Artist's responsibilities only stop if the Makeup Artist can show any of the following: (i) that the information was already public when the Makeup Artist came across it; (ii) the information became public after the Makeup Artist came across it, but not because of anything the Makeup Artist did or didn’t do; (iii) the Makeup Artist already knew the information when the Makeup Artist came across it and the Makeup Artist didn’t have any obligation to keep it secret; (iv) a third party provided the Makeup Artist with the information without requiring that the Makeup Artist keep it a secret; or (v) the Makeup Artist created the information on its own, without using anything belonging to the Client.
8.3 Third-Party Confidential Information. It’s possible the Client and the Makeup Artist each have access to confidential information that belongs to third parties. The Client and the Makeup Artist each promise that it will not share with the other party confidential information that belongs to third parties, unless it is allowed to do so. If the Client or the Makeup Artist is allowed to share confidential information with the other party and does so, the sharing party promises to tell the other party in writing of any special restrictions regarding that information.
9. LIMITATION OF LIABILITY. Neither party is liable for breach-of-contract damages that the breaching party could not reasonably have foreseen when it entered this Contract.
10.1 Overview. This section transfers certain risks between the parties if a third party sues or goes after the Client or the Makeup Artist or both. For example, if the Client gets sued for something that the Makeup Artist did, then the Makeup Artist may promise to come to the Client’s defense or to reimburse the Client for any losses.
10.2 Client Indemnity. In this Contract, the Makeup Artist agrees to indemnify the Client (and its affiliates and its and their directors, officers, employees, and agents) from and against all liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of: (i) the work the Makeup Artist has done under this Contract; (ii) a breach by the Makeup Artist of its obligations under this Contract; or (iii) a breach by the Makeup Artist of the promises it is making in Section 5 (Representations).
10.3 Makeup Artist Indemnity. In this Contract, the Client agrees to indemnify the Makeup Artist (and its affiliates and its and their directors, officers, employees, and agents) from and against liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of a breach by the Client of its obligations under this Contract.
11.1 Assignment. This Contract applies only to the Client and the Makeup Artist. The Makeup Artist cannot assign its rights or delegate its obligations under this Contract to a third-party (other than by will or intestate), without first receiving the Client’s written permission. In contrast, the Client may assign its rights and delegate its obligations under this Contract without the Makeup Artist's permission. This is necessary in case, for example, another Client buys out the Client or if the Client decides to sell the work product that results from this Contract.
11.2 Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising under this Contract, a party may demand that the dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules.
11.3 Modification; Waiver. To change anything in this Contract, the Client and the Makeup Artist must agree to that change in writing and sign a document showing their contract. Neither party can waive its rights under this Contract or release the other party from its obligations under this Contract, unless the waiving party acknowledges it is doing so in writing and signs a document that says so.
(a) Over the course of this Contract, one party may need to send a notice to the other party. For the notice to be valid, it must be in writing and delivered in one of the following ways: personal delivery, email, or certified or registered mail (postage prepaid, return receipt requested). The notice must be delivered to the party’s address listed at the end of this Contract or to another address that the party has provided in writing as an appropriate address to receive notice.
(b) The timing of when a notice is received can be very important. To avoid confusion, a valid notice is considered received as follows: (i) if delivered personally, it is considered received immediately; (ii) if delivered by email, it is considered received upon acknowledgement of receipt; (iii) if delivered by registered or certified mail (postage prepaid, return receipt requested), it is considered received upon receipt as indicated by the date on the signed receipt. If a party refuses to accept notice or if notice cannot be delivered because of a change in address for which no notice was given, then it is considered received when the notice is rejected or unable to be delivered. If the notice is received after 5:00pm on a business day at the location specified in the address for that party, or on a day that is not a business day, then the notice is considered received at 9:00am on the next business day.
11.5 Severability. This section deals with what happens if a portion of the Contract is found to be unenforceable. If that’s the case, the unenforceable portion will be changed to the minimum extent necessary to make it enforceable, unless that change is not permitted by law, in which case the portion will be disregarded. If any portion of the Contract is changed or disregarded because it is unenforceable, the rest of the Contract is still enforceable.
11.6 Signatures. The Client and the Makeup Artist must sign this document using Bonsai’s e-signing system. These electronic signatures count as originals for all purposes.
11.7 Governing Law. The laws of the state of Louisiana govern the rights and obligations of the Client and the Makeup Artist under this Contract, without regard to conflict of law principles of that state.
11.8 Entire Contract. This Contract represents the parties’ final and complete understanding of this job and the subject matter discussed in this Contract. This Contract supersedes all other contracts (both written and oral) between the parties.
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