We are extremely excited that you are considering joining our team of Beauty Professionals here on the Glo Up App. We strive to provide our Members with access to exclusive, excellent and professional beauty treatments.
However, before registering as one of the Beauty Professionals we ask you to carefully read the Agreement that follows. This is intended to be a legally binding and enforceable contract.
By registering with the Glo Up you are confirming that you accept the terms of the Agreement.
If you do not wish to be bound by the terms that follow then do not register as a Beauty Professional. You can however register as a Member and enjoy many of the services on offer.
THIS AGREEMENT is made between The Glow Up Limited (trading as Glo Up) (“Glo Up”) and the Beauty Professional (“You”)
(1) The Glow Up Limited, a company registered in England under 10993369 registered address is 71-75 Shelton Street London WC2H 9JQ (“Glo Up”).
(2) You are a Beauty Professional seeking to register and advertise your services on our Glo Up App.
(3) At all material times You are engaged in the business of providing a service detailed in Schedule 1;
(4) Glo Up provides an online booking service for its Members to book appointments with You as an independent Beauty Processional;
(5) You wish to provide your services in accordance with the terms and conditions of this Agreement.
IT IS AGREED as follows:
1. Definitions and Interpretation
In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
means any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in the UK;
means You as the person providing a Service to the Glo Up App Members;
means the date You register as a Beauty Professional and the date you enter into this agreement with Glo Up ;
Means the sum payable to Glo Up under sub-Clause 2.5 as defined in Clause 5.
means a person registered with Glo Up;
Means the Services You will be providing as a Beauty Professional to the Glo Up App Members as detailed in Schedule 1.
1.2 Unless the context otherwise requires, each reference in this Agreement to:
1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.1 “this Agreement” is a reference to this Agreement and each of the Schedules as amended or supplemented at the relevant time;
1.2.2 a Schedule is a schedule to this Agreement;
1.2.3 a Clause or paragraph is a reference to a Clause of this Agreement (other than the Schedules) or a paragraph of the relevant Schedule; and
1.2.4 a “Party” or the “Parties” refer to the parties to this Agreement.
1.2.3 The headings used in this Agreement are for convenience only and shall have no effect upon the interpretation of this Agreement.
1.2.4 Words imparting the singular number shall include the plural and vice versa.
1.2.5 References to any gender shall include the other gender.
2 Your Beauty Professional Services
2.1 You shall provide the Services to Glo Up App Members using your own equipment.
2.2 For the purposes of this Agreement, You shall be deemed to be providing services to the Glo Up App Members, not to Glo Up.
2.3 You shall pay to Glo Up the sums due under Clause 5 in consideration for the bookings made through the Glo Up App.
2.4 You warrant, represent, and undertake to Glo Up that You will carry out all or any of the Services with the necessary requisite skill and experience and do so competently and with reasonable care, and that You as You shall be wholly responsible for the quality of all such Services.
2.5 You may, from time to time, choose to provide the Services to Glo Up App Members and shall be paid for the same in accordance with Clause 5.
2.6 You consent to your name being detailed on the Glo Up App and website.
3 Nature of the Services
3.1 You shall at all times be an independent contractor and Glo Up shall not supervise, direct or control You.
3.2 You shall at all times be exclusively responsible for organising when, how and in what order the Services are performed but shall liaise with the Glo Up to ensure that due account is taken of the impact of the timing of the Services to be performed.
3.3 The engagement of You under this Agreement is mutually non-exclusive, that is to say that at any time You can provide to other clients (who are not clients serviced by you via the Glo Up App) services which are the same as or similar to the Services and the Glo Up App can engage others (whether contractors or employees) to provide it with services which are the same as or similar to the Services.
3.4 You shall not provide a substitute worker unless agreed with the relevant Glo Up App Member in advance.
3.5 This Agreement does not create any mutual obligations on the part of Glo Up or You to offer or accept any further engagement and no continuing relationship shall hereby be created or implied.
3.6 You may not solicit the custom of Glo Up App Members outside of the Glo Up App booking.
4 Status of App Beauty Professionals
4.1 You shall at all times be an independent contractor and shall be responsible for all income tax and national insurance contributions or similar taxes or contributions in respect of all amounts paid or payable to You under or in relation to this Agreement.
4.2 You hereby agree to indemnify Glo Up in respect of any claims that may be made by the relevant authorities against Glo Up in respect of income tax or national insurance contributions or similar taxes or contributions, including interest and penalties, relating to the Services under this Agreement.
4.3 You shall be responsible for all of Your expenses (including without limitation travel, fuel and accommodation costs if applicable) and Your value added tax if applicable.
4.4 Nothing in this Agreement shall be deemed to create any partnership, joint venture, employment agreement or agency between the Parties to this Agreement.
5 Consideration, Cancellation & Disputes
5.1 You shall pay Glo Up a Fee for booking your services with our Members.
5.2 You agree the Fee will be 15% of the cost of the treatments booked through the Glo Up App by its Members.
5.3 Members will pay Glo Up for the service they have booked at the point of booking.
5.4 Payment is made by the Members to Stripe.
5.5 You must agree to Stripe’s Service Agreement in advance of accepting bookings: https://stripe.com/docs/connect/updating-accounts#tos-acceptance
5.6 Members will make payment to Stripe’s Glo Up account, Glo Up will retain 15% by way of booking Fee and Glo Up will then send the remaining monies to You via Stripe when you have performed the service to the Member.
5.7 All payments made under this Agreement shall be expressly exclusive of any value added tax chargeable thereon.
5.8 Each Party shall keep detailed, accurate and up-to-date records of all sums taken and all sums due under this Clause 5.
5.9 Members who have booked a service with You through Glo Up can cancel the service up to three hours prior to your due arrival time. If the service is cancelled in advance of three hours the Member will be refunded and neither You or Glo Up will receive any payment or Fee for the booking.
5.10 If a Member is unhappy with the service you provided it is your sole responsibility to deal with the complaint and if necessary refund the Member your Fee. For the avoidance of doubt, Glo Up shall not in these circumstances be obliged to pay you or the Member the booking Fee which is non-refundable.
6 Beauty Professionals Indemnity
Subject to Clause 7, You hereby undertake to indemnify Glo Up and keep Glo Up at all times fully indemnified from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision the legal costs of the Glo Up App on a solicitor and own-client basis), awards, or damages howsoever arising – directly or indirectly – as a result of any breach or non-performance by You of any of the undertakings, warranties, or obligations under this Agreement.
7 Glo Up Indemnity
Subject to Clause 8, Glo Up hereby undertakes to indemnify You and keep You at all times fully indemnified from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision the legal costs of You on a solicitor and own-client basis), awards, or damages howsoever arising – directly or indirectly – as a result of any breach or non-performance by Glo Up of any of the undertakings, warranties, or obligations under this Agreement.
8.1 This Clause 7 sets out the entire financial liability of each Party to the other:
8.1.1 for any breach of this Agreement; and
8.1.2 under the indemnities in Clauses 6 and 7 given by each Party to the other; and
8.1.3 for any representation, statement, or tortious act or omission (including, but not limited to, negligence and breach of statutory duty) arising out of or in connection with this Agreement.
8.2 Subject to sub-Clause 8.3, neither Party shall be liable to the other, whether in contract, tort (including negligence), restitution, or for breach of statutory duty or misrepresentation, for any special, indirect or consequential damage or loss that may be suffered by the other Party that arises out of or in connection with this Agreement.
8.3 Nothing in this Agreement shall limit the liability of either Party to the other for fraud or fraudulent misrepresentation, for deliberate or wilful misconduct, or for death or personal injury.
8.4 Subject to Clause 8.3, the total liability of each Party to the other (whether in contract, tort (including negligence), restitution, for breach of statutory duty or misrepresentation or otherwise) arising out of or in connection with this Agreement for any single act, omission or event (or series of connected acts, omissions or events) occurring in each succeeding twelve month period (the first of which begins on the date of this Agreement being the date you register as a Beauty Professional on the Glo Up App) shall be either such sum as is equal to 100% of the total amount paid or payable to Glo Up by You under Clause 5.2 in the applicable twelve month period or £100 whichever is the greater sum.
8.5 Each indemnity set out in Clauses 6 and/or 7 of this Agreement shall apply only if the indemnified Party:
8.5.1 notifies the indemnifying Party immediately in writing upon becoming aware of any such action, proceeding, claim, demand or costs;
8.5.2 makes no admissions or any settlements without the indemnifying Party’s prior written consent;
8.5.3 makes all relevant information available to the indemnifying Party upon request;
8.5.4 provides all reasonable assistance to the indemnifying Party upon request; and
8.5.5 allows the indemnifying Party complete control over any relevant litigation and/or settlement.
8.6 The limitations and exclusions contained in this Clause 8 are cumulative.
9.1 Either Party may terminate this Agreement at any time in writing (including email) without notice and without giving any reason for such termination.
9.2 Without prejudice to the generality of sub-Clause 9.1, this Agreement shall terminate, notwithstanding any other rights and remedies the Parties may have, in the following circumstances:
9.2.1 If either Party fails to comply with the terms and obligations of this Agreement and such failure, if capable of remedy, is not remedied within 14 days of written notice of such failure from the other Party; or
9.2.2 If either Party goes into bankruptcy or liquidation – either voluntary or compulsory – save for the purposes of bona fide corporate reconstruction or amalgamation, or if a receiver is appointed over the whole or any part of that Party’s assets.
9.3 The termination of this Agreement shall be without prejudice to any rights which have already accrued to either of the Parties under this Agreement.
10 Nature of the Agreement
10.1 This Agreement is personal to the Parties and neither Party may assign, mortgage, or charge (otherwise than by floating charge) any of its rights hereunder, or sub-contract or otherwise delegate any of its obligations hereunder, except with the written consent of the other Party, such consent not to be unreasonably withheld.
10.2 This Agreement contains the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.
10.3 Each Party acknowledges that, in entering into this Agreement, it does not rely on any representation, warranty or other provision except as expressly provided in this Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
10.4 No failure or delay by either Party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
The Parties agree that, in the event that one or more of the provisions of this Agreement is found to be unlawful, invalid or otherwise unenforceable, that/those provisions shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.
12.1 All notices under this Agreement shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
12.2 Notices shall be deemed to have been duly given:
12.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
12.2.2 when sent, if transmitted by e-mail and a successful transmission report or return receipt is generated; or
12.2.3 on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
In each case notices shall be addressed to the most recent address, e-mail address, notified to the other Party.
13 Alternative Dispute Resolution
13.1 Any dispute or difference arising between the Parties relating to this Agreement or its subject matter shall be referred to a single arbitrator to be agreed upon by the Parties or, failing such agreement, to be appointed by the then President of the Law Society, such arbitrator to have all of the powers conferred upon arbitrators by the laws of England and Wales.
13.2 The Parties hereby agree that the decision of the Arbitrator shall be final and binding on both Parties.
14 Law and Jurisdiction
14.1 This Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
14.2 Subject to the provisions of Clause 13, any dispute, controversy, proceedings or claim between the Parties relating to this Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
You agree to provide one or all of the following Services to Glo Up Members;
2. Make Up
3. Nail treatments
4. Eyebrows treatments
5. Eyelash extensions
By registering your Services and creating a Beauty Professional Profile on the Glo Up App you hereby enter into this Agreement. If you do not wish to be bound by the clauses above you must not register with the Glo Up App as a Beauty Professional.