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Ext. Contracts

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metalgirl View Drop Down
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    Posted: May 13 2005 at 8:55pm

So sorry Cool that you're having this most trouble just to get a rockin' hair do!

Good luck to you!

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CoolAzFemale View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote CoolAzFemale Quote  Post ReplyReply Direct Link To This Post Posted: May 13 2005 at 1:19pm

Thankx for the advice!!  I definately plan on talking to a lawyer and filing in small claims court!  And absolutely plan to write everybody I can possibly think of!!!!  I didn't even think about the newspapers! 

She finally called me yesterday and told me to talk to her manager....which just happened to be her mother, so you know there was no reasoning with her!  The manager/mother basically told me that I didn't have a leg to stand on in court (which i seriously doubt) and shes been in the business 20 years!  Well if she's been in it so long, then she should know better!!!  The girl who did my hair is 5 months pregnant and the "managemom" says she won't let her drive down...but in the same breath asked me why I was talking to her when the girl is an independent contractor!  I understand that she's pregnant, but she was pregnant 2 weeks ago when she came down the first time!!!!

Okay, enough venting!!!!!  Gotta start on paperwork and making phone calls!  Will keep u posted, and THANKS SO MUCH!!!

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zapevaj View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote zapevaj Quote  Post ReplyReply Direct Link To This Post Posted: May 12 2005 at 11:23pm
Cool, you definitely have a case on the basis that she didn't give you what you paid for (i.e. silky hair instead of wavy/curly). Even though you agreed to let her put it in your hair, she gave you false information by saying it would match after washing. And you -definitely- have a case in the second instance, where you paid her and she -didn't show up-. That's just theft.

So you definitely have grounds for a case. The real question is, is it worth it? Civil cases are actually really expensive, in terms of court fees and time, even if you represent yourself (instead of getting a lawyer). How much are you out to this stylist/salon? It might also be worth getting a consultation with an attorney and showing them the facts and getting their opinion- they may know about other options to put pressure on the salon and basically scare them into giving you your money back. :)

And, even if you decide not to go after the money because it'd be too much trouble, definitely don't let them get away with it. Write to your cosmetology board (since the lady works at a salon), the Chamber of Commerce, Better Business Beaureau, and maybe even your local newspaper. Oh, and definitely post a review of them online, naming names- other customers deserve to know that they won't ge tthier money's worth if they go to this salon.

-Rae
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MERGUTHRIE View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote MERGUTHRIE Quote  Post ReplyReply Direct Link To This Post Posted: May 12 2005 at 11:09pm

ps, talk to a lawyer, and if you can't afford one...

http://www.dca.ca.gov/r_r/legalso1.htm

i love plastikhaar
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Post Options Post Options   Thanks (0) Thanks(0)   Quote MERGUTHRIE Quote  Post ReplyReply Direct Link To This Post Posted: May 12 2005 at 11:07pm
I went through something similar. I feel for you.
i love plastikhaar
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Jenny_RR View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Jenny_RR Quote  Post ReplyReply Direct Link To This Post Posted: May 12 2005 at 5:49pm
That's so sleazy. You just can't go installing silky straight hair (I don't care if it has a little wave after washing) into wavy/curly hair and expect the customer to pay for that. Grr...

I wish I had some more helpful suggestions, but obviously, any correspondence with her--email or notes from phone conversations--would probably be helpful to your case.

Good luck. I'm sorry you have to go through this. Keep us posted.

:)
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Post Options Post Options   Thanks (0) Thanks(0)   Quote CoolAzFemale Quote  Post ReplyReply Direct Link To This Post Posted: May 12 2005 at 4:32pm
No, but I do have my cancelled check with notes in the *memo*
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Kalika View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Kalika Quote  Post ReplyReply Direct Link To This Post Posted: May 12 2005 at 3:22pm
did you get a recipt?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote CoolAzFemale Quote  Post ReplyReply Direct Link To This Post Posted: May 12 2005 at 3:06pm

 

Bridget,

Thanks for replying.

This is in California.  I haven't taken her to court yet, that is my next step.  And there was NO CONTRACT which is why I believe  I am entitled to at least a partial refund.  And you're right I really don't want her to redo them, but I thought I would least give her the benefit of thr doubt and a second chance.  I no longer think that way.  Now I just want my money back!!! 

No I am not wearing the extensions.  I cut them short that same day (after taking photographs) so that I could put a wig on!!!  If I wanted to wear wigs, I wouldn't have gotten extensions!!! 

 I had cancer in 2003, lost my hair and the whole nine.  I'm tired of wearing wigs and being "stuck" with style, and tired of running to "get my hair" when someone knocks at the door, or living in fear that somebody might snatchit off in public!!!!  Which is why I opted for extensins!

She used the fusion method and I had to take them down myself, because supposedly the hair she ordered for the re-do didn't come when she expected it and she was leaving town....which meant leaving me with that mess on my head for a week!! So I took the time and took them out with mineral oil and pliers...I did not damage to my hair!

I'm just trying to get a little advice on if it would be worth while to take her to court or should I just chauk it up as a loss and learn my lesson?

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Bridget Quote  Post ReplyReply Direct Link To This Post Posted: May 12 2005 at 1:00pm
Hey Cool, what state is this happening in? Geez, this sucks!  I'm sorry you're going thru this all.  I probably wouldn't of let her do the original install if the hair wasn't right.  When you went to court & paid her the money, was it in writing that she was going to do another install free?  What did the contract/waiver say that you signed?  Are you still wearing the extensions?  What method did she use being that your hair is in a fragile state?  Even if she agreed to re-do the extensions, do you really want *her* to do them?  It would prob. be really uncomfortable.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote CoolAzFemale Quote  Post ReplyReply Direct Link To This Post Posted: May 12 2005 at 12:00pm

I have a question for you ladies.  I recently had a girl come to my house to put in extensions and they were horrible.  I'm a black woman and my hair is natural...no chemicals whatsoever because I had chemo and now I have this baby soft wavy/curly hair that I refuse to damage with chemicals... anyway. I asked for wavy hair, she shows up at my house with straight hair stating that they didn't have wavy hair in the length I desired.  I'm thinking she could've called and told me this.  But she said that in her experience the hair waves up a bit so I let her put them in.  Of course she flat ironed my hair first and I told her my hair didn't hold heat well.....anyway it flat ironed ok but i told her again that my hair didn't hold heat well.  When she finished it looked nice.  Then I turned on the shower.....had to go out and show off my new do!  The steam from the shower hit my hair (not even in the shower yet mind you) and there  went my natural hair back to its original state.  I immediately called the stylist and informed her what happened  since she hadn't been gone 15 minutes.  She told me to try and work with it...you know keep flat ironing my hair daily!  I told her this was not going to work, the whole point was less maintenance.  She said she would re-do it.  I put a stop payment on the check, because I didn't want to pay until the finished product. 

She pressed charges, we talked it out, she promised to re-do my hair, gave her another check, made an appointment for he rto come to my house again, didn't happen, tried to contact, no luck. Finally threatened to take her to court, she called back saying no refunds!  Is this automatically assumed?  I feel that since it was never discussed then I'm entitled.  I'm even willing to compromise...either she comes and redoes it or at least give me 50% of my money back.  Her salon manage refuses to compromise on the money and won't allow her to come to my house to redo my hair, wants me to drive an hour to the salon!!!!!

Do I have a case for court?  What should I do?  Please give me some advice!!!

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Post Options Post Options   Thanks (0) Thanks(0)   Quote zapevaj Quote  Post ReplyReply Direct Link To This Post Posted: March 09 2005 at 11:38pm
Jenny, I wouldn't do take-down of any method that I don't do- mostly 'cause I'm not familiar with it. But you're right in that it means that it adds another variable to the "what caused the damage" question, and the damage might get blamed on the take-down stylist!

And I'm glad you all like the disclaimer! Keep in mind it's tailored for me and what I do, and so I can't guarantee its efficacy. Obviously the best thing would be to have a business lawyer create one just for you, but my disclaimer is better than nothing, at least. :)

-Rae
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Gina E Quote  Post ReplyReply Direct Link To This Post Posted: March 09 2005 at 7:37am
Wowza Scotchy! u gut ESP?
Just went to Rae's and added it to my list!
I think Rae summed this all up for us!

PS...Thanks Scothchy!
Gna
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Scotchyroo Quote  Post ReplyReply Direct Link To This Post Posted: March 09 2005 at 7:30am
Gina, I got your board mail and will e-mail you the info you requested, but I'm thinking Rae's from her website might be better so check that out as well. thanks.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Jenny_RR Quote  Post ReplyReply Direct Link To This Post Posted: March 09 2005 at 7:13am
One more thing, about take-down, especially with fusion or loc methods: I'd definitely use a waiver for that and charge by the hour, because it could take forever to remove what someone else did without destroying the client's hair. Also, I'd require the client to start dousing their hair in oils, silicones, conditioners and the rest days before the removal.

When I switched from fusion to pinchbraids, my new (pinchbraid) stylist really didn't want to do the removal, and I can understand why! Who would want to deal with some client who's freaking out because all her hair's been destroyed? So I actually removed them myself, with much more success than my previous removal by my previous (fusion) stylist.

If I had enough clients, I don't think I'd do take-down of a potentially damaging method at all. God knows how much drama you'll be in for. If you're trying to build a clientele, though, it can be hard to turn people down at the beginning....

:)
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Post Options Post Options   Thanks (0) Thanks(0)   Quote juliejetson Quote  Post ReplyReply Direct Link To This Post Posted: March 09 2005 at 1:40am
Very nicely put, Rae. Thank you.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote zapevaj Quote  Post ReplyReply Direct Link To This Post Posted: March 09 2005 at 1:14am
And two quotes I think are very valid as very as doing ethical business goes:

"Live together like brothers, but do business like strangers." -Arabic proverb

"In business transactions, sometimes there are conflicts that are the fault of one person's unethical behavior or negligence, and then sometimes there are simply disagreements between reasonable people. Any business contract must allow for disagreements between reasonable people." -my legal advisor (who just so happens to be my mother )

Longerthanlong: it -sounds- scary, yeah, but there's a reason behind it. There are some shady stylists out there, but there are also plenty of shady customers! I don't like to talk about this, because it sounds like I'm *****ing about people behind their back, but just to demonstrate how such a thing can happen:

I did loose extensions (synthetic pinchbraids) for a client. It took many hours of work, and looked good when I was finished. Her hair was very short around the nape and ears, so I told her she might lose a few braids, especially there. She seemed to be happy with the finished product. A week later I got an email from her saying, "By the way, six of the braids fell out. So I took out the rest." For comparison, a full head of pinchbraids involves nearly 100 braids. 6 is barely enough to make a difference.

So I thought to myself, "Well at least she's not demanding her money back." Little did I know- a week later I got a notice from my bank saying that she had put a stop payment on the check she paid me with. Thank god she didn't demand her deposit back, but still, the labor charge was quite a bit of money that I was out of, through no fault of my own. So I have an aneurysm, call my mom, and she advises me on the steps to start taking. I threatened her left, right, and center with legal action (all very civilly, of course- I don't like being rude), and eventually she agreed that taking the braids out was a stupid thing to do, but that if she didn't have the extensions anymore, she didn't want to have to pay for them either. Mind you, that is a fully valid statement- in her interests. She wasn't evil or greedy, just not considerate of my needs (specifically, my need to get paid for my work). So I eventually got her to agree to split the money. She returned half of it, in cash, and we haven't had contact since.

So: not my fault, but I still took a 25% loss and expended considerable effort getting it back. Not to mention that there are clients who don't listen to/follow the aftercare instructions and decide that something is wrong with your work or the hair. I'm sure every extensionist ever has had a "problem customer". In a way, it's good, because it makes us realize that we need to protect ourselves.

The steps I took started with defining what I would be willing to do to help a customer out. I'm not willing to give people refunds- mainly because I'm simply not financially solvent enough, but also because it's too easy for a client to give up on their hair and say, "Oh, something must be wrong, take it all out and give me my money back."

What I -do- have is a fix-it guarantee. If something goes wrong with a client's head, I will fix or re-do the extensions for free. I haven't defined this yet in terms of defective hair. I know the synth I use reasonably well, but human is still relatively new to me, so I dunno. I should define that eventually. And of course, if the client doesn't follow my aftercare instructions, doesn't contact me for help with the perceived problem, doesn't do the things I then recommend, or pursues a remedy other than one I have recommended...then I'm no longer responsible. 'Cause customers can do some silly things when they listen to friends who think they know how to do hair.

If you're interested in the details of my policy, they're on my website, partly under "Location" and in more detail under the aftercare pages for loose hair, braids, and dreads. Other stylists are also welcome to copy the wording, if you like it.

As far as colorists go; no, they don't have cusomter sign a contract, but they probably have a policy on file in case something happens, and/or business insurance. As a customer, it's your responsibility to ask if they have such a policy- similar to asking what a store's return policy is before buying clothes. Otherwise, you could try to sue them, but they could pull out their refund policy and say, "If you wanted to know our policy, you should have asked." In most states, as long as they tell you the business' policy when you ask them (that is, they're not secret about it), they can hold you to that policy without having you actually sign a contract. In short, if it concerns you, be sure to ask.

-Rae

(edited to fix spelling)


Edited by zapevaj
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Post Options Post Options   Thanks (0) Thanks(0)   Quote juliejetson Quote  Post ReplyReply Direct Link To This Post Posted: March 08 2005 at 10:10pm
Thanks for the back-up ladies.

I will not take a check for a hair extension service unless I knew that person. Cash, Credit Card or bank check/money order only. I would think that if someone bounces you a check they can get into some trouble for it.

But if I take a Non-refundable deposit (which is the cost of the hair) and the client doesn't show. Sorry, they do not get the hair, I send it back to the supplier. Someone has to pay for the loss time on my schedule, I do not get payed for doing nothing. I still have to pay the salon rent whether I am busy or not. If they reschedule then that is another story, depending on the situation. I have a very low tolerance for people that can't show up for there appointments, these days.

Sorry if that sounds cold but, my bills are not going to pay themseves.

And when it comes to human hair. I will only install hair that I buy, not some cheap stuff that you get for $20. We all know what that looks like after a few washings. And I don't want that walking around with my name on it. I do not double the price of hair like most people do, btw. My clients pay what I pay.

Enough said for now.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Jenny_RR Quote  Post ReplyReply Direct Link To This Post Posted: March 08 2005 at 7:35pm
Oh, Bridget--your original question was whether anyone had used a contract or signed one.

I've been to three extensionists, and one had me sign a contract. And frankly, I would never sign that kind of contract again. It was exactly what Julie said--"you sign your hair away." I also heard of a salon that has you sign a contract that you have to keep going back to them for a minimum of a year. That's total insanity.

I would have no problem, however, signing a contract that said the deposit was due in advance and was nonrefundable. I'm not sure you need a contract to establish that though. If someone gives you, say, $500 for some hair, and you give them a receipt for it, that seems like a pretty clear transaction--they've actually purchased a product from you, and if they decide not to go through with it, you can just send them the hair or something. Again, I'm not sure a contract would be needed, but then again, I'm not an attorney!

:)
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Jenny_RR Quote  Post ReplyReply Direct Link To This Post Posted: March 08 2005 at 7:28pm
It's only logical that the stylist should require a deposit for the hair in advance. I've never been to one who didn't. And I do agree with Julie that there are certain people--not many, but some--who try to get things for free. I've even heard of one client who got her hair done, said she had no money, paid with a check, and then the check bounced! Now if that were me who slaved away on that head, you can bet I'd be mad as hell.

More often, I think there are clients who are just plain flaky. They'll make appointments and not show up, or they'll show up an hour late. As a stylist, that's the worst--it's not only missed time (when you could've been making money), but if you try to accommodate that person, it messes up your entire schedule. I do believe that the vast majority of people who get extensions take good care of them and follow the instructions, but I did hear of one girl (who was very young), who went like 5 months without returning to her stylist, and by then her loose extensions were one giant dread--she'd never even brushed them that whole time. So it happens--not often, but if you're doing hair long enough, I'm sure you see everything in the book.

As far as the human-hair thing goes, that's tricky. I really don't know what the answer is. I noticed that Boogiemama requires her clients to buy their own hair if they want human, which I can really understand because it's such a crapshoot. The downside to that, though, is that if the client doesn't know anything about extensions at all, they might order the wrong thing. Again, I really don't know what I would do if I were a stylist when it comes to human. (Synth, of course, is way more predictable.)

:)
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