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Mountain Lake

Services Contract

BROWS OF GOLDEN NOIR (the “Company”) is an Ontario company operating and providing the services of micro-pigmentation, micro-blading, micro-shading, combination micro-blading and micro-shading, powder, touch up and other services (“Services”). In consideration of the Company permitting the individual named in section A below (the "Client”) to schedule an appointment for Services, the Client or the Client’s parent/guardian, whichever applies (“You”), hereby agree to the terms and conditions herein.


A. THE CLIENT WHO WILL RECEIVE THE SERVICES

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Full Name:

Address:

Date of Birth:

Telephone: 

E-mail: 

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B. THE CLIENT WHO WILL RECEIVE THE SERVICES

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Full Name:

Address:

Telephone: 

E-mail: 

C. INFOMRATION ABOUT THE CLIENT

Will th client take any aspirin or blood thinners in the week prior to receiving any Services from the Company? Required
Will the Client take any mood-altering drugs within 8 hours prior to receiving any Services from the Company? Required
Does the client have a history of cold sores, herpes or fever blisters? Required
Is the Client sensitive or allergic to Latex? Required
Has the Client had a chemical peel or laser? Required
Does the Client have problems healing? Required
Is the Client currently undergoing radiation or chemotherapy? Required
Is the Client currently using any alpha-hydroxyls skincare products? Required
Has the Client had previous problems with tattoos, or has a physician advised the Client not to have a tattoo? Required
Is the Client allergic to any metal? Required
Has the Client already had a micro-blading, micro pigmentation, semi-permanent makeup, or equivalent procedure before? Required
Is the Client taking any Immunosuppressive medications such as anti-inflammatory or steroids? Required
Is the Client allergic to topical antibiotic preparation or desensitizers? Required
Does the Client have a history of skin diseases or remarkable skin sensitivities? Required
Is the Client pregnant or nursing? Required

D. PAYMENTS AND DEPOSITS
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You shall pay the Company’s fees in full on the date that the Company provides Services, and no later. The Company shall not accept payment plans or incremental payments.

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The Company may update its fees without notice to You. The fees may be subject to one or more of the following: Harmonized Sales Tax, Goods and Services Tax, and Provincial Sales Tax. You may obtain an up-to-date list of fees by contacting Brows of Golden Noir.

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A deposit payment of $50.00 CAD (“Deposit”) is required to schedule an appointment for Services. If You cancel an appointment within 24 hours of the agreed start time, or if the Client fails to attend an appointment within 30 minutes of the agreed start time, your Deposit shall not be refunded or credited toward the cost of any Services, and You must pay another Deposit in order to reschedule the appointment.

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All payments and Deposits are non-refundable. Payments shall be made on the Company website or by other methods to be specified by the Company.


E. SERVICE TERMS AND WARRANTIES
 
1.    The Company may use the information that You provide in this Agreement to assess the Client’s suitability for any requested Services. The Company may, in its sole discretion, decline to provide Services to the Client.

2.    The Company may require You to agree in writing to an appointment time, as well as additional related terms, before it confirms an appointment or provides any Services.

3.    Additional appointments may be required after the Company provides Services and related follow-up appointments, and You shall pay the Company’s standard fees for any such additional appointments.

4.    You warrant that the information You provide to the Company in this Agreement is complete, current, true and accurate, including but not limited to the contact details and answers in sections A–C above. You agree to promptly inform the Company of any changes to this information before the Company provides any Services or consultations to the Client.

5.    The Client shall consult a physician for all relevant medical advice before You book any Services. You warrant that You will not rely on the Company for medical advice, and that You understand the Company does not practice medicine, does not provide medical advice, does not accept health insurance, and has made no representations to the contrary.

6.    The Client shall remove any glasses, contact lenses and, upon reasonable request by the Company, other personal accessories, for the duration of the Services and may not wear them again until all Services are complete.

7.    You agree that Company-approved observers may attend consultations and Service appointments for the purpose of education or assistance.

8.    You warrant that You will immediately advise the Company of any circumstance that could prevent the Client from safely receiving or engaging in the Services. 

9.    You warrant that the Client will abstain or withdraw from Services if You have any reason to believe that the Services could place the Client or others at risk of harm.

10.    You warrant that You and the Client will comply with the following items, and acknowledge that all Services and appointments are conditional upon such compliance: (a) all applicable Company policies and procedures, which may be updated from time to time including but not limited to the policies listed here: https://www.browsorgoldennoir.com/ ; (b) all customary practices for receiving and healing from the Services; and (c) all applicable laws and guidelines issued by government and equivalent authorities, including but not limited to guidelines regarding vaccination, proof of vaccination, hand sanitizing, wearing masks, and refraining from the spread of infectious diseases such as Covid-19.

11.    You acknowledge that all Services and appointments are conditional upon full compliance by You and the Client with the following Company guidelines regarding Covid-19, which the Company may change or update on short notice:

a.    Proof of full vaccination (2 or more does) or proof of a negative test within the past 24 hours must be provided to the Company on the date of appointment, prior to any Services. 

b.    A mask must always be worn unless the Company requests removal of the mask for procedural purposes.

c.    Any Covid-19 related symptoms must be promptly reported to the Company, upon which the Company may reschedule any Client appointments for a later date.

d.    Hands must be sanitized upon entry to the premises.

e.    The following Covid-19 screening must be filled out and shown to the Company before entry: https://covid-19.ontario.ca/screening/customer/

f.    An additional Deposit must be paid to reschedule appointments if there is non-compliance with these guidelines or other applicable Company policies.

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F. YOUR ACKNOWLEDGEMENT OF RISK
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You acknowledge that some individuals will have complications related to the services and that extreme complications are always a possibility 

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You acknowledge that there may be a certain amount of discomfort or pain associated with the services, and that possible adverse side effects may include: minor and temporary bleeding, bruising, fever, blisters, irritation, itchiness, driness, soreness, redness or other discoloration and/or swelling.  

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You acknowledge that it is reasonably possible to determine in advance whether the Client might have an allergic reaction to any of the pigments, dyes, topical preparation, or processes used in the Services; and You accept the risk that such reaction is possible.

You acknowledge that complications as a result of Services may occur if the Client does not follow post-procedural instructions, and You accept full responsibility for any such complications.

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You acknowledge that the Client’s body is unique and neither the Company nor its personnel can predict how it may react as a result of the Services.

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You acknowledge that correcting or touching up micro-pigmentation and other procedures performed by a third party will involve additional risks, due to the existence of pigments of unknown composition, brand, color, age, shape and other factors over which the Company has no control.

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You acknowledge that the Company cannot predict or guarantee the results of any Services and has not represented that the results will be as You desire.

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You acknowledge that Services may result in long-term change to the Client’s health and appearance, and that the Company has made no representations as to the possibility of changing or removing the results.

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You acknowledge that the result of any Services may be changed or degraded by future skin altering procedures, including but not limited to laser treatment, plastic surgery, implants, and injections; that such changes or degradation may not be correctable; and that You must inform any future service provider that the Client has received the Services.

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You acknowledge that You will freely choose and approve the design and color of any Services to be provided, and You accept sole responsibility for your choice and approval.

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You acknowledge that obtaining the Services is your choice alone, and You consent to the procedure and to its attendant risks, and to any actions or conduct of the Company and its personnel reasonably necessary to provide the Services.

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You acknowledge that You have the full opportunity to ask the Company questions that You might have regarding the Services, and that it is your sole responsibility to ensure any such questions are answered to your full and total satisfaction.

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G. RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS & INDEMNITY
 
You understand that the services will expose the client to risks, dangers and hazards, and you voluntarily accept and assume all such risks, dangers and hazards, including but not limited to those described in section f above, as well as the possibility that the client will suffer serious injury, disease, illness, complications, disability and/or death.  

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You understand that in this agreement “released parties” refers collectively to the company and its directors, officers, employees, contractors, licensees, interns, venue providers, service providers, sponsors, representatives, agents, executors, administrators, successors and assigns.  

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You hereby irrevocably waive any and all claims, actions or suits that you or your next of kin have or may have against the released parties, and you forever release and discharge the released parties from any and all liability for any loss, damage, costs, expenses, property damage and injuries including death that you or your next of kin may suffer as a result of, or in connection with, the company providing services to the client, due to any cause whatsoever including but not limited to: (i) negligence, breach of contract or breach of statutory duty on the part of the released parties, including any breach of a duty of care owed under the occupiers’ liability act, r.s.o. 1990, c. o.2 and any failure to protect or safeguard the client from the risks, dangers and hazards referred to above; (ii) defamation, invasion of privacy or other cause of action relating to use of the client’s name, voice, image and likeness in accordance with this agreement; (iii) any breach of your obligations, warranties or representations in this agreement, including your warranty to provide complete, true, accurate and current information; or (iv) any negligent or willful acts or omissions by you, whether actual or alleged.

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You agree to indemnify and hold harmless the released parties from and against any and all claims, actions, suits, demands, liabilities, losses, damages of any kind, costs and expenses, including reasonable legal fees, which may be incurred by anyone as a result of the client’s participation in or receipt of services, due to any cause whatsoever including but not limited to any breach of your obligations, warranties or representations in this agreement, or any negligent or willful acts or omissions by you, whether actual or alleged.

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You understand that the company provides no warranties whatsoever as to the services, and that the company expressly disclaims to the fullest extent permitted by law any and all warranties, express or implied, as to the services, including and without limitation any warranties of safety, suitability for any purpose, effectiveness, absence of errors, availability and absence of interruption.

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H. MEDIA LICENSE AND ADDITIONAL TERMS
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You authorize the Company to film, photograph and otherwise capture in any manner, format or media the Client’s voice, image and likeness in connection with the Services, including but not limited to ‘Before and After’ images and video. You further grant to the Company a revocable, non-exclusive, fully paid-up, royalty-free, assignable, sublicensable and worldwide right, license and permission to display, publish, copy, modify and otherwise use in any manner, format or media without restriction the Client’s voice, image and likeness captured in accordance with this Agreement, for purposes of marketing and promoting the Services.

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If the Client is aged 18 or over, all mentions of “You” and “your” in this Agreement shall refer to the Client. However, if the Client is under the age of 18, this Agreement may be entered only by the Client’s parent/guardian, and in that case: (a) all mentions of “You” and “your” in this Agreement shall refer to the parent/guardian, unless the context demands otherwise, (b) You as the parent/guardian agree to take all reasonable steps to ensure that the Client’s conduct gives full effect to your obligations under this Agreement.

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This Agreement shall be effective upon submission to the Company by You, and shall be binding upon Your heirs, next of kin, successors, executors, administrators, representatives and assigns. 

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This Agreement may not be amended except by written agreement of the parties hereto. 

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You and/or the Company may terminate this Agreement at any time by providing written notice to the other party. Termination of this Agreement will not release You or the Company from any obligation or liability that accrued prior to termination. Any term of this Agreement whose nature and intent is to survive the termination of this Agreement, including but not limited to all terms in Sections D, F and G, and such other terms as are necessary for the interpretation thereof, will survive the termination of this Agreement.

If any part of this Agreement is found to be invalid or unenforceable, the remainder shall not be affected and shall remain in full force and effect.

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Any failure by the Company to enforce a right or seek a remedy under this Agreement shall not constitute a waiver of such right or remedy. If the Company waives a breach or default of any provision in this Agreement, the waiver shall not waive any further breach of that provision or any breach of another provision of this Agreement.

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The organization of this Agreement, including the use of headings and sections, is for convenience only and shall not affect how this Agreement is construed or interpreted. No rule of construction shall apply to the disadvantage of the Company on the basis that the Company authored this Agreement in whole or in part.

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You irrevocably submit to the jurisdiction of the courts of Toronto, Ontario for any legal proceeding arising out of or in connection with this Agreement. You further agree that this Agreement shall be construed exclusively in accordance with, and governed exclusively by, the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws. 

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YOU AFFIRM THAT YOU HAVE HAD THE OPPORTUNITY TO OBTAIN INDEPENDENT LEGAL ADVICE CONCERNING THIS AGREEMENT, AND YOU UNDERSTAND THAT BY ENTERING THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION.


I. CONFIRMATION AND ELECTRONIC SUBMISSION AS SIGNATURE
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YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT, AND BY CLICKING “AGREE” BELOW YOU ACCEPT THE TERMS AND AGREE TO BE LEGALLY BOUND BY THEM.

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