So many professionals have invested in our beauty industry in becoming a Paul Mitchel salon. And have been let down by the huge conglomerate by not policing their end of the contract that they make you sign when purchasing the hair care line in your salon. That is why there is a huge class action lawsuit brought on to them by no one but themselves. Contracts in this profession do not hold up in court. This false advertising lawsuit was filed in New York Federal Court on July 1, 2010, against the following: L’Oreal USA, Inc., the owners of Matrix, Redken, Pureology, Kerastase and others; The Procter and Gamble Company, the owners of Wella, Sebastian, Nioxin, and Graham Webb; Conair Corporation, the owners of Rusk; Farouk Systems, Inc., the owners of Chi and Biosilk; Sexy Hair Concepts, LLC; Tigi Linea, LP; and John Paul Mitchell Systems. This is what corporate greed gets you.
The purpose of a contract is to ensure the completion of actions based on specific guidelines or stipulations for the parties involved. Incidentally, most people think that in order for a contract to be valid it has to be written, but that isn’t always the case.
A valid contract does however need to contain certain elements. First of all, it needs to identify all the parties involved. Secondly, it needs a mutual consent between the parties. Typically, there is an offer and acceptance that takes place between the parties that is communicated in the contract.
Thirdly, a valid contract needs to have an object, which is the portion of the contract that is actually being agreed upon. For this part, it is best to be specific on dates, deadlines, payments, breach of contract requirements, and termination conditions.
The fourth element is the consideration factor. The consideration shows what each party will gain as a result of the agreement. Paul Mitchel Systems offers “A EXCLUSIVE” to the product in your salon. Do you see the product anywhere else? I see it all over the commercial sector of the beauty industry. Is that what you signed for.
The next time you see a contract, make sure it includes all the above elements. If it doesn’t, or if there is a portion that you question, you should probably contact a lawyer before you take any action. When considering buying Paul Mitchell products be assured that there end of the bargain will be in the commercial sector of retailing and not your salon. When considering of having a retail line in your salon, go with independent manufacturers within the beauty industry. AND DONT SIGN A CONTRACT. It is a waste of ink.
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