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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 12249
Experience:  JD, MBA
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I entered into a wedding contract with a hair stylist. My

Customer Question

I entered into a wedding contract with a hair stylist. My wedding is 7 weeks away. I am very unhappy with their hair style work and subsequent rudeness when I brought it up; therefore, I would like to break the contract. The contract states if in the event of cancellation all services that are selected on the contract will be charged. During the hair trial, it was mentioned that services could be upgraded or downgraded the day of the wedding. I am not disagreeing to pay, I would like to break all ties with this establishment as quickly as possible. Which will also allow them to find other clients fill my vacancy; however, can I reasonably ask that the lowest service be charged? Also, gratuity is listed at 15% to be added on to the final bill. If the services are not performed - am I required to pay for gratuity since it is listed in the contract as well, or only the lost services?
Submitted: 1 year ago.
Category: Employment Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

If the contract allows you to downgrade to any service, and doesn't exclude the least expensive service, then you certainly have that option. Unfortunately, if the contract requires you to pay an extra 15% gratuity, then you must do so even if the service is not used.

The question I am concerned about is whether the contract actually allows you to downgrade, or whether the contract does not mention downgrading at all. You stated that "it was mentioned that services could be ... downgraded." If the written contract doesn't mention downgrading, and you were merely told that you could downgrade orally, then you do not have the legal right to downgrade. That is because if there is any contradiction between the written contract and something stated orally, then the written contract governs. Still, it's possible that they just allow downgrading as an informal internal policy, so you could still ask to downgrade since you are not going to use their service at all. They may agree.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Customer: replied 1 year ago.
The contract does not mention downgrading specifically - it does mention that add ons and changes will be adjusted on the final bill.
Expert:  TJ, Esq. replied 1 year ago.

Hi again.

A clause that states that add-ons and changes will be adjusted does not necessarily mean that downgrading is acceptable under the contract. Accordingly, I'm sorry to say that I don't think that you can successfully rely on that clause. It sounds more like a simple statement that the final total may be different on the final bill. That does not mean that you have the unilateral power to reduce the services. But again, it may be the salon's policy to allow it, so you should certainly ask.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!