REVISED APRIL 2018
1. By accepting a proposal (“Proposal”) from LK Sawyier Styling, LLC (“LKS”) which refers to these Contract Terms CLIENT agrees to the following additional provisions contained in these Contract Terms. The Proposal, together with these Contract Terms, constitutes the agreement of the Parties and is referred to as “this Agreement”.
2. CLIENT engages LKS to provide the styling consulting services (“Services”) described in the Proposal and LKS agrees to provide the Services, subject to force majeure and other circumstances beyond LKS’s reasonable control.
3. CLIENT agrees to pay the Fees and Charges in the amounts, at the times and as otherwise specified in the Proposal. Except as otherwise provided in the Proposal, all Fees are payable in advance and are non-refundable under any circumstances
4. LKS is acting solely as an independent contractor and no partnership or analogous relationship is established by this Agreement or the Services.
5. LKS makes no warranty, express or implied, with respect to the Services performed by it hereunder (including without limitation fitness for a particular purpose).
6. Either Party’s liability shall be limited to the aggregate amount of Fees payable under the Proposal. Neither Party be liable for indirect, incidental, consequential, special or exemplary damages.
7. CLIENT disclaims all work-for hire and analogous rights with respect to the Services. The LKS logo and associated trade and service marks, as well as all other intellectual property of or claimed by LKS, are the sole and exclusive property of LKS.
8. CLIENT and LKS each shall maintain the confidentiality of any non-public information provided to it on a restricted basis by the other Party in connection herewith, unless withholding such confidential information would violate the law, create the risk of significant harm to the public or prevent such Party from establishing a claim or defense in an adjudicatory proceeding. Any information which was known to the receiving Party prior to its being disclosed hereunder or enters the public domain other than as a result of a breach by the receiving Party shall cease to be confidential hereunder.
9. LKS shall have no implied obligations or responsibilities.
10. This Agreement constitutes the final, exclusive agreements of the Parties with regard to the Services and the matters contemplated by the Proposal and supersedes all other agreements, written or oral, between the Parties with regard thereto.
11. This Agreement shall be governed by the laws of the State of Missouri.
12. This Agreement shall be binding on, and inure to the benefit of each Party and their respective successors and assigns, provided, that neither Party may assign any of its rights or obligations hereunder without the consent of the other Party.
13. This Agreement may only be amended or waived in writing. Any notice hereunder shall be in writing and shall be effective upon receipt.
14. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect and shall in no way be impaired or invalidated, and the Parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision.