Thanks for your interest in being listed on the Swivel Beauty platform! Please fill out the registration form below and agree to the terms of the Salon Services Agreement by checking the box below. Once we have received your information, we will contact you about moving forward.
Salon Services Agreement
This Salon Services Agreement (the “Agreement”) is between Swivel Beauty, Inc. (“Swivel” or “we”) and (“Merchant” or “You,” and together with Swivel, the “Parties”). For good and valuable consideration, the Parties agree to the terms set forth in this Agreement.
2. THE BASICS
- Services We Provide. We (i) operate a tech platform via a website (www.swivelbeauty.com) and/or mobile app (the “Platform”) that enables individual customers (“Customers”) to discover hair salons and stylists, and (ii) provide you with services including marketing, appointment booking and revenue collection (the “Services”).
- Term. The term of this Agreement will begin when your listing is “live” for booking on the Platform.
- Termination/Cancellation. Either Party can cancel this Agreement at any time upon notice to the other Party. If any appointments are pending when the Agreement is terminated, those appointments will be completed in accordance with the terms of this Agreement.
- Commission. In exchange for providing the Services, we charge a commission on the final price of each appointment booked through the Platform. The commission is 30% for new customers (i.e., customers who book their first ever appointment with you through the Platform), and 10% for repeat customers.
3. YOUR PROFILE
To get your profile uploaded to the Platform, you agree to provide us with the following, as necessary:
- Photos of your salon (or access to the salon to take pictures, if needed)
- At least 5 photos of hairstyles you’ve done to showcase your talent
- A current menu of services/styles with pricing
- Reviews from your customers
- A short paragraph about you (i.e., your salon vibe/philosophies or anything else you may want to highlight) to assist us in drafting your bio
- Any policies Customers need to know about, such as a cancellation policy or late policy
If there are any changes that affect the information in your profile (including changes to your menu prices/offerings, stylists at the salon, hours of operation, or contact info), notify us via email or text using the contact info below and we’ll update your profile. You agree to honor any services booked by a Customer prior to any price changes.
4. BOOKING AND PAYMENT LOGISTICS
- Bookings. We’ll promptly notify you each time a Customer requests an appointment with you. You agree to use commercially reasonable efforts to respond to requests as soon as reasonably possible. You agree that the total cost of any services rendered to a Customer during an appointment will be the cost listed for such services on your listing page on the Platform.
- Payments. Customers will submit their payment card information on the Platform at the time of booking an appointment. At the end of each appointment, you will check out Customers through your salon owner portal at www.admin.swivelbeauty.com. Payments will be sent to you automatically within 2-3 business days after an appointment is checked out via Stripe at the bank account you specify in the “Update Stripe” tab of your salon owner page.
- Cancellations. If a Customer cancels an appointment, we will charge the cancellation fees, if any, to the Customer as provided in your cancellation policy. We’ll transfer you all of any such cancellation fee (minus our payment processing costs).
- Taxes. We will compute Sales Tax pursuant to applicable law. We will collect Sales Tax your behalf, and then tender collected Sales Tax to you. You will be solely responsible for (i) verifying that the collected, tendered Sales Tax amount is correct, (ii) filing all required Sales Tax returns and associated forms and (iii) remitting all required Sales Tax to the appropriate taxing authorities.
5. HOW TO REACH US
If you have any questions or comments (or just want to say hi!), you can reach us at:
6. OTHER LEGAL STUFF
- IP. We own all right, title and interest in connection with the Platform. You grant us an unlimited license to use any information or content related to you in connection with the Services for the purposes expressly set forth in this Agreement, offered or displayed through any form of media.
- Our Relationship. You are an independent contractor, not our employee, agent, partner, or anything of that nature. You have sole control over how you perform your salon services. In addition, your employees are not our employees, and any employee of yours that performs services in connection with this Agreement is doing so on your behalf. We’re not responsible for any benefits, insurance, or any other employment related matters relating to you or any of your personnel.
- You are solely responsible for any claim, allegation, damage, liability, obligation, award, settlement or expense, including attorneys' fees and court costs (collectively, “Losses”) arising in connection with your performance of salon services, including compliance with any applicable laws or health codes, and all matters concerning quality of the services rendered.
- We assume no liability for any acts committed by you or your employees or contractors (the “Merchant Parties”) in connection with the performance of salon services and we won’t indemnify you for any Loss or damage arising out of the Merchant Parties' conduct.
- We do not screen Customers and we assume no liability for any acts committed by or harm suffered as a result of any Customer.
- Indemnification. We will indemnify you from and against any and all third-party Losses to the extent arising out of any actual or alleged (a) breach of our representations and warranties in this Agreement, or (b) violation of applicable law by us.
- Mutual Reps and Warranties. Each Party represents, warrants and covenants that:
- it has the authority to enter into this Agreement and to fully perform all of its obligations hereunder;
- he execution and delivery of this Agreement and the transactions contemplated by it have been duly and validly authorized by all necessary actions; and
- this Agreement constitutes a valid, binding obligation of such party enforceable in accordance with its terms.
- Merchant Reps and Warranties. You represent, warrant and covenant that:
- You (and, if you are a salon or other business entity, each of your employees, independent contractors or agents who are providing styling services) possess and will maintain all necessary licenses, and the salon services will be performed in a professional and workmanlike manner, in compliance with Swivel policies and all laws, rules, regulations; and
- none of the services you provide nor any part of this Agreement is or will be inconsistent with any obligation you may have to others, or violate any third-party rights.
- Disclaimer. We reserve the right to remove or hide any incorrect, out of date, or illegal information from profiles, as well as remove or hide the entire profile itself. We do not warrant the functions of the Platform will meet your expectations of website traffic or resulting business or that the operation of the Platform will be uninterrupted and/or error-free. We will not be responsible for any Losses associated with occasional downtime of the Platform due to service interruptions and/or other instances beyond Swivel's control.
- Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of law principles. All disputes related to this Agreement will be submitted to the exclusive jurisdiction and venue of state or federal courts located in New York, NY.
- No Assignment. You may not assign this Agreement or any of the rights or obligations hereunder without the prior written consent of Swivel. Swivel may freely assign this Agreement.
- Amendments. Except as otherwise provided in this Agreement, this Agreement can be modified, amended, or any provision waived only by a written instrument signed by both parties. This Agreement is the entire agreement between the parties in connection with the subject matter of the Agreement and supersedes all prior agreements and understandings between the parties in connection therewith.
- Severability. In the event any provision of this Agreement is unenforceable, it will be stricken from this Agreement, but the remainder of the Agreement will be unimpaired.