Terms and Conditions
- Scope and Validity
1.1 These Terms and Conditions shall apply exclusively. Conflicting or deviating terms of the client shall not be recognised by Tanja Naumann Make-up Artist (hereinafter “TN”), unless TN expressly agrees to their validity in writing. These Terms and Conditions shall also apply if TN performs services for the client without reservation despite being aware of conflicting or deviating terms.
1.2 These Terms and Conditions apply to all services provided by TN as a make-up artist (hereinafter referred to as the “Service” or “Services”).
1.3 These Terms and Conditions apply to both consumers and business clients (hereinafter collectively referred to as the “Client”), unless differentiation is expressly made in the respective clause.
1.4 Individually agreed arrangements shall take precedence over these Terms and Conditions provided they have been agreed in text form.
1.5 Should one or more provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. - Conclusion of Contract and Amendments
2.1 All offers made by TN are non-binding.
2.2 A contract shall only come into effect upon explicit confirmation by TN through the transmission of a signed agreement or a written order confirmation.
2.3 In the event of amendments or additions to the contract after its conclusion, the prices valid at the time of the amendment shall apply. - Fees and Payment Terms
3.1 The Client is obliged to pay the agreed remuneration for the Services. Billing is based on time expenditure. Prices quoted by TN are based on a defined time period (half-day or full-day rates) or the usual time required for the described service and represent the respective minimum remuneration.
3.2 If the booked time period or usual time required is exceeded due to circumstances beyond TN’s control (e.g. waiting times, preparatory work, circumstances at the location), additional time will be charged at €25.00 per commenced quarter hour.
3.3 In the event of delays caused by the Client, TN will endeavour to provide the best possible service despite the shortened time available. The agreed fee shall not be reduced in such cases and remains payable in full.
3.4 TN shall remain entitled to the full agreed remuneration if the booked service cannot be carried out in full for reasons not attributable to TN.
3.5 The remuneration includes all products required for the service unless listed as additional services or surcharges. If the Client requests specific products or brands, the Client must either provide them or bear any additional costs incurred.
3.6 If work begins before 7:00 a.m. (including travel time and waiting time), TN may charge a surcharge of €25.00 per commenced half hour.
3.7 Services performed on official public holidays are subject to a 30% surcharge on the regular remuneration.
3.8 Invoices are payable within 14 days of receipt. Irrespective of this, the Client shall be deemed in default of payment no later than 30 days after receipt of the invoice, subject to statutory consequences of default. For consumer clients, this shall only apply if expressly stated in the invoice. TN may charge a reminder fee of €5.00 per reminder after default has occurred.
3.9 Payments may be made by bank transfer or cash. Other payment methods require prior agreement with TN.
3.10 If advance payment has been agreed, payment must be received by TN no later than the commencement of the service.
3.11 Gift vouchers become valid only after full payment has been received and may only be redeemed thereafter.
3.12 Invoices are issued without the indication of VAT pursuant to Section 19(1) German VAT Act (UStG). - Travel Expenses
4.1 In addition to the agreed remuneration, the Client shall bear travel expenses in accordance with the following provisions.
4.2 Travel by TN’s private vehicle will be charged at €0.80 per kilometre, starting from TN’s registered business address. Billing is based on the actual kilometres travelled. The selection of the most suitable route (fastest/shortest) shall be at TN’s discretion.
4.3 Necessary parking fees shall be reimbursed by the Client.
4.4 Public transport costs will be charged according to actual expenses. The choice of means of transport and travel class shall be agreed between TN and the Client.
4.5 Accommodation costs will be charged according to actual expenses. TN is entitled to accommodation in a hotel equivalent to the standard of the location of the service (e.g. event, shoot, production), but at least three-star standard.
4.6 If travel on the day prior to the service is required or if travel to or from the location exceeds four hours, TN reserves the right to charge travel days based on time expenditure. Billing will be based on the applicable half-day or full-day rate. - Liability for Damages
5.1 TN’s liability for breaches of contractual obligations and tort shall be limited to intent and gross negligence. This limitation shall not apply in cases of injury to life, body or health, claims arising from the breach of essential contractual obligations (cardinal duties), or claims for damages resulting from delay pursuant to Section 286 of the German Civil Code (BGB). In such cases TN shall be liable for any degree of fault.
5.2 The above limitation of liability shall also apply to breaches of duty by TN’s vicarious agents caused by slight negligence.
5.3 Where liability for damages not arising from injury to life, body or health cannot be excluded for slight negligence, such claims shall become time-barred within one year from the time the claim arises or, in the case of defect-related claims, from acceptance of the service.
5.4 Where liability towards TN is excluded or limited, this shall also apply to the personal liability of TN’s employees, staff members, representatives and agents. - Client’s Duties to Cooperate
6.1 The services provided by TN are subject to artistic discretion. The Client must communicate expectations and preferences regarding the services and results as clearly and as early as possible. If such communication is incomplete or vague, the artistic interpretation of TN cannot subsequently be rejected. Any re-creation of the service shall be charged separately.
6.2 If the Client requests changes after a trial appointment, TN may require an additional trial appointment, which shall be charged in accordance with clause 3.2.
6.3 The Client must ensure that TN receives all information necessary for planning and executing the service in a timely and complete manner.
6.4 The Client must disclose all known allergies, intolerances and product preferences before the service begins.
6.5 Subsequent changes do not entitle the Client to demand the service according to altered specifications (e.g. start time, end time, scope). - Cancellation by the Client and Compensation
7.1 The Client may cancel the contract at any time.
7.2 If cancellation occurs more than eight weeks before the scheduled appointment, TN is entitled to 50% of the agreed remuneration.
If cancellation occurs between seven and four weeks before the appointment, TN is entitled to 75% of the remuneration.
If cancellation occurs less than four weeks before the appointment, TN is entitled to 95% of the remuneration.
Services and expenses already incurred (including mileage) must also be reimbursed.
7.3 TN reserves the right to request a booking deposit for services. If the booked service is not used, the deposit shall not be refunded.
7.4 The Client is free to prove that TN has incurred no damage or significantly less damage. TN may also claim higher compensation than the above lump sums if this can be substantiated with evidence, taking into account saved expenses and alternative earning opportunities. - Withdrawal by TN and Right of Retention
8.1 TN is entitled to withdraw from the contract for good cause, in particular if the Client has failed to pay due remuneration.
8.2 If the contract is terminated during or after a trial appointment, the services and expenses incurred up to that point (including mileage) shall be invoiced to the Client.
8.3 If outstanding invoices remain unpaid, TN may alternatively withhold the agreed services instead of withdrawing from the contract.
8.4 In the aforementioned cases, the Client shall not be entitled to claim damages. - Obligations of TN / Prevention
9.1 The services owed by TN are defined in the respective agreement.
9.2 TN shall not be liable for cancellations or damages caused by force majeure or other circumstances beyond TN’s control. In such cases the Client waives any claims for damages or reimbursement of additional costs.
9.3 In case of inability to perform, TN may provide a qualified substitute. - Image Rights and Credits
10.1 The Client agrees that TN may take before-and-after photographs and videos at the location of the service (e.g. event, shoot, production). TN may use these images and videos for promotional purposes, including publication on TN’s website and social media platforms such as Facebook and Instagram.
10.2 If services are performed on a third party rather than the Client, the Client must ensure that the necessary consent for such use is obtained.
10.3 If the Client requests complete anonymity, this must be communicated to TN in advance. As TN’s portfolio is essential to her professional activity, an exclusivity surcharge of 20% of the regular remuneration shall apply in such cases.
10.4 For publications in print or online media, TN shall be credited by name. The Client must ensure that this requirement is included in agreements with third parties. - Place of Performance – Governing Law – Jurisdiction
11.1 Unless otherwise agreed, the place of performance and payment shall be the registered business address of TN.
11.2 These Terms and Conditions shall be governed by the laws of the Federal Republic of Germany.