How to Draft a Makeup Artist Contract

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

When it comes to the professional field of makeup artistry, having a legally binding contract between the artist and those seeking their services is essential. A contract helps to provide certainty to both parties, outlining rights, responsibilities and obligations while safeguarding against misunderstandings or misinterpretations in any business arrangement. Makeup artistry is a creative endeavour, and so with a contract in place everyone can be sure that the desired outcome will be achieved.

A comprehensive makeup artist contract should include details of the agreed upon services and fees as well as deadlines and other expectations - such as payment timing, hours worked or any specific requests from the client. Equally important are clauses protecting each party’s interests - for example ensuring sufficient compensation for work delivered; that changes to an agreement can’t be made without both parties’ consent; or giving freelance artists the right to use images created from their work. Finally, dispute resolution provisions should also be included so that both sides have clarity on where legal proceedings would take place should such a situation arise.

The Genie AI team understand just how important contracts are in this profession, which is why they offer free makeup artist templates through our open source community library. This allows anyone to draft high quality agreements without paying a lawyer – providing you don’t need additional legal advice which may require specialist expertise – while also giving access to millions of data points teaching Genie’s AI what constitutes market-standard contracts in this sector.

Whether you’re an experienced professional or just starting out in your career as a makeup artist, having a written agreement that outlines both parties’ rights and responsibilities is essential for any business arrangement. We hope our step-by-step guidance here has been useful; read on below for more information on how you can access our template library today!

Definitions (feel free to skip)

Written Contract: An agreement between two or more parties that is recorded in writing, setting out each party’s rights and responsibilities.
Payment Terms: The conditions under which payment is to be made, including how much is to be paid, when payment is due and the manner of payment.
Intellectual Property Rights: Rights that protect the creativity of an individual or organization, such as copyright and trademarks.
Compliance: Following the rules and regulations set out by a governing body.
Dispute Resolution: A process used to settle disagreements between two or more parties.
Termination: The ending of a contract.
Signature Line: An area of a document which requires a person to sign their name in order to confirm their agreement to the terms of the contract.
Execution: The act of signing a document to make it legally binding.
Definitions: A statement that explains the meaning of a word or phrase.
Non-refundable: Something that cannot be returned and the money paid for it cannot be refunded.

Contents

• Research the importance of having a written contract for makeup services
• Research key elements of a makeup artist contract
• Create a payment terms structure
• Draft language to protect intellectual property rights
• Ensure compliance with relevant laws and regulations
• Outline the services to be provided in the makeup artist contract
• Set out expectations for both parties
• Describe how disputes and disagreements will be handled
• Establish the process for terminating a contract
• Finalize an effective and enforceable makeup artist contract

Get started

Research the importance of having a written contract for makeup services

• Understand why written contracts are important for makeup services
• Identify the benefits of having a written contract, such as protecting both parties and specifying the expectations
• Research state and federal laws related to makeup services, such as licensing and insurance requirements
• Familiarize yourself with the makeup artist code of ethics
• Read case studies and success stories related to makeup services contracts
• When you feel comfortable with the importance of written contracts for makeup services, check this step off your list and move on to the next.

Research key elements of a makeup artist contract

• Research any state or local laws related to makeup artist contracts, such as licensing requirements
• Research any industry standard terms that should be included in a makeup artist contract
• Research any necessary language related to payment terms, including when payment is due and in what form
• Research any necessary language related to cancellation and rescheduling policies
• Research any necessary language related to terms and conditions, such as scope of services, usage rights and limitations
• Research any necessary language related to liability, such as a waiver of liability

When you have completed your research on the key elements of a makeup artist contract, you will have a list of the necessary items to include in the contract. You can then check this step off your list and move on to creating a payment terms structure.

Create a payment terms structure

• Research industry standards for makeup artist payment rates and payment terms
• Decide on payment structure for the contract, such as hourly rate, flat fee, or percentage of the cost of services provided
• Include payment terms in the contract, such as when payments are due, payment methods accepted, and the consequences for late payment
• Ensure all payment terms are clearly stated in the contract
• Once payment terms are finalized, add them to the contract
• Check off this step from your list and move on to the next step.

Draft language to protect intellectual property rights

• Research applicable intellectual property laws and regulations in your state, country, or region
• Create a clause that protects against the unauthorized use of any images or video taken during the makeup artist’s work
• Include a clause that outlines who will own the copyright for any images or video taken during the makeup artist’s work
• Draft language to ensure that the makeup artist is able to use any images or video taken during their work for promotional purposes
• When finished, review the language and make sure it is comprehensive and clear
• Check off this step and move on to the next step of ensuring compliance with relevant laws and regulations.

Ensure compliance with relevant laws and regulations

• Research the specific laws and regulations that apply to makeup artists in your region
• It is important to understand relevant local, state, and federal regulations that may affect the terms of your contract
• Become familiar with the laws regarding taxation, insurance, and other required licensing
• Verify that all the terms in the contract are compliant with the laws and regulations in the region where the services will be provided
• Once you have confirmed that the contract complies with all relevant laws and regulations, you can move on to the next step of outlining the services to be provided in the makeup artist contract.

Outline the services to be provided in the makeup artist contract

• List the services the makeup artist will provide, such as hair styling, makeup application, lash application, etc.
• Specify the time frames for each service and the cost for each service.
• Outline any additional services that may be provided for an additional fee.
• Include any additional terms and conditions related to the services that the makeup artist will provide, such as travel costs, if any.

Once you’ve outlined the services to be provided in the makeup artist contract, you can check this off your list and move on to the next step.

Set out expectations for both parties

• Outline the expectations of both parties in the contract
• Explain any obligations the makeup artist has to the client and vice versa
• Make sure the makeup artist’s hours and duties are clearly stated
• Specify the payment amount, payment methods, and payment timeline
• Make sure both parties understand the length of the contract
• Make sure both parties understand the cancellation policy
• Include a clause that the makeup artist will not take on any other business from the client’s competitors
• Confirm that the makeup artist will comply with all applicable laws and regulations
• Make sure both parties agree on the use of any trademarks, logos or copyrighted material
• Ensure that both parties agree on who is responsible for any costs associated with the makeup artist’s services

You can check this off your list when the expectations for both parties have been outlined and agreed upon in the makeup artist contract.

Describe how disputes and disagreements will be handled

• Outline the process for resolving disputes, such as mediation, arbitration, or formal court proceedings
• Specify the jurisdiction where disputes will be adjudicated
• Specify which party will bear responsibility for any legal fees associated with dispute resolution
• Include a clause requiring both parties to make a good faith effort to resolve any disputes through negotiation before seeking outside resolution

Once the dispute resolution process has been included in the contract, you can check this step off your list and move on to the next step.

Establish the process for terminating a contract

• Research and review local and state laws governing contract termination
• Consult with an attorney to ensure the contract is legally sound and compliant with local and state laws
• Determine the conditions and circumstances under which the contract may be terminated
• Outline how either party may terminate the contract
• Specify the notice period required by either party when terminating the contract
• Include a clause that outlines consequences for breach of contract

When you can check this off your list and move on to the next step:

• When you have researched and reviewed the local and state laws governing contract termination
• When you have consulted with an attorney to ensure the contract is legally sound and compliant
• When you have determined the conditions and circumstances under which the contract may be terminated
• When you have outlined how either party may terminate the contract
• When you have specified the notice period required by either party when terminating the contract
• When you have included a clause that outlines consequences for breach of contract

Finalize an effective and enforceable makeup artist contract

• Ensure that all details are accurately written in the contract, including the names of both parties, the services to be provided, the payment amount and payment schedule, the duration of the contract, and any other important details.
• Have both parties sign and date the contract.
• Make sure that the contract is legally binding and enforceable.
• Store the signed contract in a safe and secure place.

How you’ll know when you can check this off your list and move on to the next step:
Once all parties have signed the contract and it has been stored in a secure place, you can check this step off your list and move on to the next step.

FAQ:

Q: Are US and EU regulations different when drafting a makeup artist contract?

Asked by Taylor on March 12, 2022.
A: Depending on where you are based, US and EU regulations can differ when it comes to drafting a makeup artist contract. While some of the core elements of the contract will remain the same—such as specifying the scope of work to be done, the agreed-upon rates, and any other terms and conditions—there may be slight differences in terms of certain details. It’s important to familiarize yourself with both US and EU regulations to ensure that your contract is compliant with local laws.

Q: What should be included in a makeup artist contract?

Asked by Michael on April 3, 2022.
A: A makeup artist contract should include a few key elements, such as the scope of work to be done, the agreed-upon rates, and any other terms and conditions that both parties need to agree upon. Depending on local laws and regulations, additional clauses may need to be included in the contract as well. For example, in some cases you may need to specify who is responsible for providing any materials necessary for the job, or if there is a limit on how long a project can last. It’s important to make sure that all relevant details are included in the contract so that both parties are protected.

Q: Is there anything else I should consider when drafting a makeup artist contract?

Asked by Rachel on May 15, 2022.
A: In addition to familiarizing yourself with US and EU regulations, it’s also important to consider other factors when drafting a makeup artist contract. For example, you may want to make sure that any deadlines or milestones that need to be met are clearly outlined in the contract. Additionally, you may want to include clauses that specify what happens if either party breaches the agreement or fails to meet its obligations. By taking these extra steps, you can help ensure that both parties are protected in case of any issues arising from the agreement.

Example dispute

Suing a Makeup Artist for Breach of Contract:

• The plaintiff must prove that the makeup artist breached a contract. This could include proving that the makeup artist failed to perform the services they were contracted to do, failed to deliver the finished product on time, or failed to honor any other agreed-upon terms.
• The plaintiff may reference any applicable laws or regulations, such as the Federal Trade Commission’s guidelines for makeup artists and the applicable state laws.
• The plaintiff must show that they suffered some form of harm or loss due to the breach of contract. This could include monetary losses or any other type of damages.
• The plaintiff must also demonstrate that any damages they suffered were a direct result of the breach of contract.
• The plaintiff may be able to seek compensatory damages, which would compensate for any losses or expenses incurred as a result of the breach. The plaintiff may also be able to seek punitive damages, which are meant to punish the makeup artist for the breach of contract.
• The plaintiff may be able to seek an injunction, which would require the makeup artist to take certain actions in order to comply with the contract.
• The plaintiff may also be able to seek specific performance, which would require the makeup artist to fulfill the specific terms of the contract.
• Settlement may be reached through negotiation or mediation, or the case may need to be taken to court. If the case goes to court, the judge will determine whether or not the makeup artist breached the contract and what, if any, damages should be paid.

Templates available (free to use)

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