Additional Terms and Conditions
- INDEPENDENT CONTRACTOR: Beauty Beyond LA, and its representatives, including, without limitation, Simone Capelouto and Shannon Soller (collectively hereinafter referred to as “Company”), who is performing all of the services (the “Services”) described in the proposal pursuant to which these Additional Terms and Conditions are attached (the Proposal and these Additional terms and Conditions are collectively referred to herein as the “Agreement”), shall at all time act in the capacity of an independent contractor under this Agreement. Nothing contained in this Agreement constitutes or shall be construed as the formation of a partnership, joint venture, employment relationship or any other relationship between Customer and the Company other than that of an independent contractor.
- LATE FEES: In the event any payment of the services fees due under the Agreement are not paid when due, such service fees shall thereafter, until paid, bear interest at the rate of one and one-half percent (1-1/2%) per month.
- NO MEDICAL ADVICE: Customer acknowledges and agrees that Company is not providing (nor should it be interpreted as providing) any medical advice or medical services. If Customer has any questions about a recommended service or use of a cosmetic product, please review the labeling appearing on the product, contact the product manufacturer, and/or consult a physician. The Customer is strongly encouraged to check with its medical professionals to determine if any products and/or services are appropriate for Customer. All facts, details & recommendations by Company about products and services are provided for information purposes only and are not intended to diagnose, prescribe, or replace the advice of healthcare professionals. Customer should always review the ingredients for products to avoid potential allergic reactions. By purchasing any products Customer accepts responsibility to check with a professional before using any products that may interfere with any prescription or non-prescription medications Customer may be taking or any known or unknown medical conditions. Suggested products are not intended to be a substitute for medical treatment. Company does not give or intend to give any answers to medical related questions and any information provided does not replace any healthcare professional or healthcare resource. Company does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided by Company. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR A HEALTHCARE PROFESSIONAL IMMEDIATELY.
- WARNING. The Services are for informational purposes only and are not a substitute for compliance with the provisions of the Federal Food, Drug, and Cosmetic (FD&C) Act, the Fair Packaging and Labeling (FP&L) Act, and the regulations published under the authority of these laws. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding any medical condition. Reliance on any recommendation by Company is solely at Customer’s own risk.
- LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL COMPANY NOR ANY OF ITS MEMBERS, MANAGERS, OWNERS, EMPLOYEES, INDEPENDENT CONTRACTORS AND/OR AGENTS BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM ANY PRODUCR OR SERVICE RECOMMENDED BY THE COMPANY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CUSTOMER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOREOVER, COMPANY IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY ANY PRODUCT OR SERVICE, AND IN ANY CASE, THE COMPANY’S LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES SUSTAINED BY CUSTOMER AND OTHERS, ARISING OUT OF OR BY REASON OF THIS AGREEMENT AND/OR ACTS OF COMPANY AND/OR ITS MEMBERS, MANAGERS, OWNERS, EMPLOYEES, INDEPENDENT CONTRACTORS AND/OR AGENTS, SHALL NOT EXCEED THE SUM OF THE FEES PAID TO THE COMPANY HEREUNDER.
- INSURANCE: Customer acknowledges and agrees that Company is not required to maintain any insurance covering personal injury and/or damage or loss to the real and/or personal property of Customer.
- WAIVER OF REPRESENTATIONS AND WARRANTIES: The Company does not make any representations or warranties of any kind with respect to the adequacy of any products or services suggested or recommended by the Company.
- ENTIRE AGREEMENT: The Agreement contains the entire agreement between Customer and Company with respect to the transactions described herein and supersedes all previous negotiations, commitments, and writing pertaining thereto. If any of the terms or provisions of this agreement shall be determined to be invalid or inoperative, all of the remaining terms and provisions shall remain in full force and effect.
- MISCELLANEOUS: The terms and provisions of this Agreement shall be construed in accordance with and governed by the laws of the State of California. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, successors, and assigns. As used herein, the singular number includes the plural, and the masculine gender includes the feminine and neuter. If any term, provision or condition contained in this Agreement is, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those with respect to which it is invalid or unenforceable, shall not be affected thereby, and each and every other term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent possible permitted by law. If either party commences litigation against the other for the specific performance of this Agreement, for damages for the breach hereof or otherwise for enforcement of any remedy hereunder, the parties hereto agree to and hereby do waive any right to a trial by jury and, in the event of any such commencement of litigation, the prevailing party shall be entitled to recover from the other party such costs and reasonable attorneys’ fees as may have been incurred. No agreement or understanding in any way modifying in any way the conditions of this Agreement shall be binding on the Company unless made in writing and approved in writing by an authorized representative of the Company.
By checking the box at check out, you agree to these terms and conditions above. And that acts as a signed signature.