Terms of Service

This Terms of Services outlines the services in detail that will be provided by Stephanie McCarty Wardrobe Consulting LLC.

1. DESCRIPTION OF SERVICES. Beginning on ____________, Stephanie McCarty Wardrobe  Consulting LLC will provide to _________________ the services described in the attached Exhibit A or B (collectively,  the "Services"). 

2. PAYMENT. Deposit shall be made to the Provider in the total amount of $75 USD and is due at the time of  booking. The deposit reserves the date agreed upon between the recipient and the Provider. The deposit will not be refunded should the recipient cancel the appointment but it will apply to the final cost of the service booked. The remaining balance for the services agreed to by the terms of this contract will be due on the scheduled day of service. 

If you are unable to perform any act necessary for your selected service to be completed within 24 hours and the service is not rendered, there are no refunds for the booking deposit. 

In addition to any other right or remedy provided by law, if _________________ fails to pay for the Services  when due, Stephanie McCarty Wardrobe Consulting LLC has the option to treat such failure to pay as a material  breach of this Contract, and may cancel this Contract and/or seek legal remedies. 

3. TERM. This Contract will terminate automatically upon completion by the Provider of the Services required  by this Contract. 

4. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents,  products, or other information (collectively the "Work Product") developed in whole or in part by Provider  in connection with the Services will be the exclusive property of Provider. Upon request, Recipient will  execute all documents necessary to confirm or perfect the exclusive ownership of Provider to the Work  Product. 

5. CONFIDENTIALITY. Provider, and its employees, agents, or representatives will not at any time or in  any manner, either directly or indirectly, use for the personal benefit of Provider, or divulge, disclose, or  communicate in any manner, any information that is proprietary to Recipient. Provider and its employees,  agents, and representatives will protect such information and treat it as strictly confidential. This provision  will continue to be effective after the termination of this Contract. Any oral or written waiver by Recipient of  these confidentiality obligations which allows Provider to disclose Recipient's confidential information to a  third party will be limited to a single occurrence tied to the specific information disclosed to the specific  third party, and the confidentiality clause will continue to be in effect for all other occurrences. 

6. WARRANTY. Provider shall provide its services and meet its obligations under this Contract in a timely  and workmanlike manner, using knowledge and recommendations for performing the services which meet  generally acceptable standards in Provider's community and region, and will provide a standard of care equal  to, or superior to, care used by service providers similar to Provider on similar projects. 

7. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:

a. The failure to make a required payment when due.

b. The insolvency or bankruptcy of either party. 

c. The subjection of any of either party's property to any levy, seizure, general assignment for the  benefit of creditors, application or sale for or by any creditor or government agency. 

d. The failure to make available or deliver the Services in the time and manner provided for in this  Contract. 

8. ATTORNEYS' FEES AND COLLECTION COSTS. If there is dispute relating to any provisions in  this Contract, the prevailing party is entitled to, and the non-prevailing party shall pay, the costs and  expenses incurred by the prevailing party in the dispute, including but not limited to all out-of-pocket costs  of collection, court costs, and reasonable attorney fees and expenses. 

9. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party  defaults by failing to substantially perform any provision, term or condition of this Contract (including  without limitation the failure to make a monetary payment when due), the other party may terminate the  Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail  the nature of the default. The party receiving such notice shall have 30 days from the effective date of such  notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the  default(s) within such time period shall result in the automatic termination of this Contract. 

10. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented,  restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the  party unable to carry out its obligations gives the other party prompt written notice of such event, then the  obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The  term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of  infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire,  explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by  national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor  disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid  or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever  such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a  party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates. 

11. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to  this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation  within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR)  procedure. 

Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding  arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and  judgment may be entered upon it by any court having proper jurisdiction. 

12. NON-DISPARANGEMENT. Client agrees to refrain from making personally or on behalf of any entity or organization, negative comments about SMWC LLC, it’s Affiliates and or Stephanie McCarty, and her extended family in a manner that may reasonably  be viewed as detrimental to their best interests, whether business or personal, except that this provision shall not prohibit any conduct which is otherwise protected by law including but not limited to the National Labor Relations Act, 29 U.S.C. 151, et seq.

13. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no  other promises or conditions in any other agreement whether oral or written concerning the subject matter of  this Contract. This Contract supersedes any prior written or oral agreements between the parties. 

14. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any  reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision  of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and  enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

15. AMENDMENT. This Contract may be modified or amended in writing by mutual agreement between  the parties, if the writing is signed by the party obligated under the amendment. 

16. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of  Georgia. 

17. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently  given if delivered in person or by certified mail, return receipt requested, to the address set forth in the  opening paragraph or to such other address as one party may have furnished to the other in writing. 

18. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this  Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and  compel strict compliance with every provision of this Contract. 

19. ATTORNEY'S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate  action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable  attorney's fees and costs, both in the trial court and on appeal. 

20. CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation  against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual  effort. 

21. ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of  the non-assigning party, which approval shall not be unreasonably withheld.