Valid Or Not Valid: The Truth about Contracts

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.


A BIG CHANGE IS COMING TO OUR INDUSTRY!

 

 

 

Josephkellner.com

 

Keri Gorder, until recently the manager of a hair salon in Great Falls, Mont., said she was surprised last month by a document that her company wanted stylists to sign.

Ms. Gorder said the salon’s parent company, the Regis Corporation, had urged the four stylists at her salon, Cost Cutters, to sign a document that would seemingly nullify any future support they showed for unionization.

Labor leaders in Montana accuse the company of seeking to take away the stylists’ right to form a union. But Regis says the document merely seeks to ensure that workers choose unions through a secret-ballot election — at a time when unions are pushing legislation in Congress that would make it easy to bypass secret ballots.

The document the stylists at several Montana salons were urged to sign said they were agreeing to revoke any future signature they put on a pro-union card that could be counted as showing support for unionizing.

“I thought it was taking our right away before we ever exercised that right,” Ms. Gorder said.

She said her area supervisor had pressured the stylists to sign the cards. “The area supervisor said, ‘I would do what the company wants you to do,’ ” Ms. Gorder said, adding that she quit her job this month because of her dismay over the situation.

Soon she informed labor leaders about the document, and now they are threatening to picket the salon and hand out pro-union fliers.

“It’s the craziest thing I’ve ever seen,” said Ole Stimac, president of the Central Montana Central Labor Council. “I’ve never seen anything where you sign away your rights for eternity to unionize.”

Regis executives said they had distributed the document out of concern that Congress would enact legislation backed by labor that would require employers to recognize a union as soon as a majority of workers signed pro-union cards, without holding a secret-ballot election.

Paul Finkelstein, chief executive at Regis, the nation’s largest hair salon company, said many employees signed such pro-union cards without understanding that it could commit them to joining a union. Mr. Finkelstein said the company’s focus groups showed that employees overwhelmingly favored using secret ballots to decide whether to join a union.

The document the hair stylists were asked to sign, titled Protection of Secret Vote Agreement, said, “In order to preserve my right to a secret-ballot election, and for my own protection, I knowingly and without restraint and free from coercion sign this agreement revoking and nullifying any union authorization card I may execute in the future.”

Mr. Finkelstein said the document was intended to ensure that the employees’ cards were never counted to show majority support for a union — in case Congress someday enacted the union-card legislation.

“The sole issue is that our people want to use a secret ballot,” he said, asserting that union organizers often manipulate workers into signing pro-union cards, known as authorization cards.

Mr. Finkelstein added: “We’re not threatening people, ‘You’d better sign.’ It’s totally voluntary.”

William B. Gould IV, a Stanford law professor and former chairman of the National Labor Relations Board, said, “It seems like a modernized version of the old yellow dog contract,” a provision, now illegal, that many employers used to push workers to sign, pledging not to join a union as a condition of employment.

Assessing the salon document, Mr. Gould said, “I think it’s illegal because an authorization card is the principal vehicle unions use to organize the unorganized.”

Under current law, at least 30 percent of a workplace’s employees must sign cards to lead to a secret-ballot election. Mr. Gould said that under the Regis document, cards signed to seek a secret ballot would automatically be revoked.

Joseph Kellner Booth Rental Advice

josephkellner.com
josephkellner.com

As a booth renter the owner of the salon has no say as to how you run your business. The salon owner is mostly a landlord and you are the tenant. They should not provide you with phone, towels, products, training or tools, these should all be paid for and provided by yourself. Any repairs or improvements to your area or the salon are negotiable.

If your problem is with walk-ins, many salons do not allow renters to take any salon walk-ins at all. You are responsible for your own advertizing and furnishing your own clients. If you are being treated as an employee, where you are required to answer phones, required to be in the salon specific hours, then you have a problem. First, you should never rent a chair in a salon without having a rental agreement which spells out everything in detail. Get the salons rental agreement BEFORE starting work and sit down with the owner and make sure you understand everything. The major things that should be in any rental agreement are, how much is the rent, when its due and when it can be changed and what exactly is furnished in your rent, how are walk-ins handled, when is the salon available for your use, do you get a key, can you sell your own retail, what services are you allowed to perform, what are your specific cleaning duties. As a booth renter you have certain basic rights. You have the right to schedule your own appointments, determine your own work hours, within the guidelines you agreed upon in your lease and very important, the ability to come and go as you please. You have the right to set your own prices and determine what products you use to perform your services.
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Customer Service Secret Number Two

Haircolorist/Makeup Artist
Haircolorist/Makeup Artist

Customer Service Secret Number Two – provide true customer service. In today’s market environment, service has become a cliché and it seems like “everyone’s doing it.” So, if everyone is doing it, why not jump ahead of the wolf pack by providing even more creative, personalized service to your customers than your competitors can?

One size shoe does not fit all feet. Nor is one type of customer service suitable for all your customers. Let’s say your advertised featured customer service is Home Delivery. The first customer may welcome this Home Delivery because it’s difficult for him to get out and shop in person.

But your second customer may enjoy “window shopping” and carrying his purchases around with him as he goes from shop to shop. He is not the least interested in your home delivery service. So, with what you save by not needing home delivery for this customer, why not offer him an equivalent discount on a second cash purchase, or give him an in-store percentage-off coupon that he can use the next time he’s in your store?

I repeat, be creative. Get to personally know your customers and recognize their individual needs. Above all, make certain that what you are offering really is something that your customer can value; that’s the key to good customer service.

5 Secrets Of Good Customer Service

JosephKellner.com
JosephKellner.com

Customer Service Secret Number One – Build Business to Customer Loyalty. This is my number one customer service secret, and is by far the most important one. I was taught about Business to Customer Loyalty many, many years ago, before I started my own business, when I still worked as a hotel detective in a ritzy down town Calgary hotel. The hotel insisted that every one of us who had contact with their customers know the customer by his full name and, when possible, other personal or business information about him.

“Good evening, Mr. Smith. Welcome to our hotel.” Then, after a bit of miscellaneous chit-chat, “By the way, Mr. Smith, did you manage to unload at a profit those hundred shares of Doodlebug Appliances you thought were a bit risky?” or, “Was your daughter accepted at Harvard? Last time you were a guest with us you expressed concern that Emily was having difficulty with her math, and wasn’t sure if she had enough points to qualify for admission.”

Now, here’s a customer who KNOWS that he’s welcome at your hotel, and whenever he’s back in town, you can count on him staying in your establishment!

Is this spying on customers? Not at all! It’s simply remembering a few concerns that your customer shared with you the last time he stayed in your hotel.

When you can show concern about what matters to your customer, that’s Business to Customer Loyalty, and you can bet on it, you’ve just acquired a customer for life.
More to come.

Get Referrals Every Time Using These 3 Easy Steps!!!

GLAMOUR MAKE UP
GLAMOUR MAKE UP

Establish rapport. Use language to meet your client or prospect at their current state of mind. You’ve done this to open the sales call by simply verifying several pieces of information with your client or prospect. Do the same thing here as well. If you are speaking to a past or returning client, use questions to get them to verify their experience. If you are speaking to a new prospect, use a cushion to acknowledge their current state, appeal to their nobler side and then reiterate some of the points about their industry that brought you to the prospect in the first place.

Describe the kind of referral that you are looking for. Describe your ideal client in as much detail as possible. When possible, use elements that are shared by the prospect or client that is sitting in front of you. And use descriptive language to create a person that your client will understand and relate to. Describing your ideal client as a young person with high energy, working in a creative hi-tech environment creating unique applications for the web will result in your prospect thinking about specific people with names that have done some of the work that you have outlined.

However, saying that you are looking for web designers will result in your prospect or client having an unfocused mind and they will most likely say, “I can’t think of anybody right now, but I’ll let you know when I do.” Remember, detailed descriptions will act as an anchor in your clients’ mind and produce concrete results. Vague descriptions of the type of referral you are asking for will produce vague results at best.

Lower the barrier to getting cooperation. Lower the barrier by reducing the risk associated with your client or prospect giving up their contacts’ information. Remember that if they are giving you their contacts, they are putting their reputation on the line. Make them look good by insuring that their contacts will get the best service or products possible. If you are getting referrals from a client that you’ve done business with before, this should be fairly easy to do. Tell your client that you will work to insure that these referrals will receive the same types of benefits that they received. You also can get creative here and offer incentives to your clients for supplying referrals that buy your stuff.

JOSEPHKELLNER.COM

MARKETING YOURSELF AS A MAKEUP ARTIST

NEW YORK MAKE UP SHOW
NEW YORK MAKE UP SHOW

There’s literally no limit to the ways you can go about marketing yourself as a makeup artist. Do the things that gets you in touch with as many people as possible. If you can get people singing your praises, they’ll help spread the word about what a remarkable makeup artist you are.

Try offering free trial makeup classes at people’s homes, in your own company, store, or salon. You get credit for being an expert, you increase your standing as a beauty professional, and you increase the likelihood that people will come back to you with more requests and more opportunities to grow.

If you like to write, try contributing a column or an opinion piece to a local newspaper or magazine, or to one of the many internet article diffusion services. Community newspapers, professional newsletters, even inhouse company publications have space they need to fill, and they will help you make connections in your community. Once you get started, you’ve got a track record — and clips that you can use to promote yourself further.

If you’re a better talker than you are teacher or writer, try to get yourself on a panel discussion at a beauty industry conference or sign up to make a presentation at a women’s group or workshop. Visibility has a way of multiplying.

The second important thing to remember about your marketing: it all matters. When you’re promoting yourself, everything you do — and everything you choose not to do — communicates the value and character of your image. Everything from the way you dress, to how you handle phone conversations to the email messages you send to the way you conduct business in a meeting is part of the larger message you’re sending about your business as a whole.

Have you designed a cool-looking logo for your business card? Are you showing you understand that image counts — a lot — in a crowded world? The key to any personal marketing campaign is “word-of-mouth.” Your network of friends, family, colleagues, clients, and customers is the most important marketing vehicle you’ve got.

JOSEPH KELLNER