Tag: joseph kellner

Valid Or Not Valid: The Truth about Contracts

~ Joseph Kellner

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.


Review of ‘The Real Hair Truth’ from Shear Miracles

~ Joseph Kellner ~ Leave a comment

The Real Hair Truth, Volume 1 by Joseph Kellner

The Real Hair Truth is the first documentary that I have seen in my 20 years of being in the beauty industry that has portrayed many of the thoughts and feelings about the hair business that I have had for many years. If you are a hair dresser, salon owner or thinking about becoming involved in the industry, please watch this film with a positive open mind. Although on the surface, this documentary may be taken as negative about the hair industry, it is not. Our industry is at a turning point in our country. No longer is becoming a hair dresser associated with those individuals that are considered “not college material” or for those who don’t know what they want to do with their future. According to one of The Real Hair Truth’s contributors, Eric Charles Mokotoff, an accomplished hair dresser, educator, and colorist, “it is a profession of art, science, psychology, creativity, fashion, beauty, trend, media and well-being.” Joseph Kellner, a successful hair dresser and make-up artist of over 20 years, is calling for a positive change at the appropriate time. This is exciting to me! He covers many different topics including practical advice on being a successful hair dresser, how to look for the right salon to start in, the necessity of apprenticeship, the importance of continuing education, booth renting verses commission based salon programs and salaries, hair shows, maufacturer based beauty school education, and so much more. Please buy this film, pass it on, put into practice what you learn and become part of the change. (Plus, Joseph donates a portion of the proceeds from this documentary to go to continuing education for hair dressers that cannot afford it!)

US Labor Department’s OSHA issues hazard Alert!

~ Joseph Kellner ~ Leave a comment

 

US Labor Department’s OSHA issues hazard alert to hair salon owners, workers
on smoothing and straightening products that could release formaldehyde!

The U.S. Department of Labor’s Occupational Safety and Health Administration is issuing a hazard alert to hair salon owners and workers about potential formaldehyde exposure from working with some hair smoothing and straightening products.

The hazard alert, available on OSHA’s website at http://www.osha.gov/SLTC/formaldehyde/hazard_alert.html, provides information about OSHA’s investigations, the health hazards of formaldehyde and how to protect people who are working with hair smoothing and straightening products.

Responding to complaints and referrals about possible exposure to formaldehyde, federal OSHA and many state occupational safety and health agencies are conducting investigations. Oregon’s Occupational Safety and Health Administration, Connecticut’s Department of Public Health, and agencies in several other states already have issued warnings.

Federal OSHA has found formaldehyde in the air when stylists used hair smoothing products, some of which do not have formaldehyde listed on their labels or in material safety data sheets as required by law. During one investigation, the agency’s air tests showed formaldehyde at levels greater than OSHA’s limits for a salon, even though the product tested was labeled as formaldehyde-free. California’s Occupational Safety and Health Administration recently issued violations to an importer and distributer of smoothing products labeled formaldehyde-free for failing to list formaldehyde as a hazardous ingredient on the company’s product labels and in the material safety data sheets.

Formaldehyde presents a health hazard if workers are exposed. It can irritate the eyes and nose; cause allergic reactions of the skin, eyes and lungs; and is linked to nose and lung cancer.

OSHA requires manufacturers, importers and distributors of products that contain formaldehyde as a gas or in solution, or that can release formaldehyde during use, to include information about formaldehyde and its hazards on product labels and in the material safety data sheets that are sent to employers.

“Workers have the right to know the risks associated with the chemicals with which they work, and how to protect themselves,” said federal OSHA Assistant Secretary Dr. David Michaels. “Employers need to know these risks in order to ensure the safety and health of their employees.”

To eliminate potential worker exposure, OSHA recommends that salon owners use products that do not contain formaldehyde, methylene glycol, formalin, methylene oxide, paraform, formic aldehyde, methanal, oxomethane, oxymethylene or Chemical Abstract Service Number 50-00-0.

If a salon owner decides to continue using a formaldehyde-containing hair smoothing product, then he or she must follow OSHA’s formaldehyde standard. Important requirements of this standard include conducting air monitoring, installing ventilation where needed and training workers about formaldehyde, as well as providing protective equipment such as gloves, chemical splash goggles, face shields and chemical resistant aprons.

The material safety data sheet includes important information about what a product contains and how the ingredients can affect a worker’s health. Salon owners and other employers must have a material safety data sheet for any of the products they use that contain hazardous chemicals. They must also make the sheet available to stylists and other workers.

OSHA currently has a number of ongoing investigations at salons and of importers/distributors/manufacturers relating to hair smoothing and straightening products. Some citations have been issued.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov/index.html.

Spain’s competition regulators fine P&G and L’Oreal over hair care price-fixing

~ Joseph Kellner ~ Leave a comment
As if we would not already know!

The National Competition Commission has hit the local operators of Procter & Gamble and L’Oreal with multi-million Euro fines over price fixing of professional hair care products in Spain.

The anti-trust authority is fining a total of eight companies operating in the salon professional sector, for their involvement in what the commission refers to as a cartel.

The body is also fining industry association the National Association of Perfume and Cosmetics, claiming that it also played a key part of the cartel.

L’Oreal ordered to pay €23.2m

The fines total €50m and it is L’Oreal that has been given the highest in the group at.€23.2m, while Productos Cosmeticos SLU, which was bought by L’Oreal in 2004, was totld to pay €12m.

The other companies named by the commission as being part of the cartel are Eugene Perma Espana, Cosmetica Cosbar Cosmetica Tecnica, The Colomer Group Spain and DSP Haircare Products.

The cartel was allegedly formed back in 1989 and is refered to by the commission as the G8 in its documentation. It is alleged that leaders of the eight business units met twice a year to discuss various market strategies, including pricing.

Henkel Iberica blows the whistle

The panel of judges from the anti-trust authorities said that they were informed of the price-fixing activities by the eighth member of the cartel, Henkel Iberica.

According to documentation released by the authorities, the fact that Henkel Iberica informed the body about the cartel’s activities meant that the company was free from prosecution due to a law passed in 2008.

Press reports also detail that L’Oreal has subsequently issued a statement denying that the meetings with the other companies were for the purpose of price-fixing, while P&G has refused to comment on the matter.

Great Reviews for the Documentary THE REAL HAIR TRUTH!

~ Joseph Kellner

The Real Hair Truth Documentary Review

Are you looking to jump in headfirst into the beauty industry as a hair dresser? Are you currently going to a beauty school to obtain your license? Before you continue your journey through the beauty industry, let Joseph Kellner give you some words of advice. His words of wisdom can be found in The Real Hair Truth Documentary, which was put together by him with the help of advice from numerous hairstylist professionals and salon owners. A nearly two hour documentary covering the truth of the hair industry, some facts are a hit, while some parts you’ll wonder about the entire purpose of the film.

What Kellner talks about in this documentary is of how over-saturated and perhaps unethical the beauty industry is today, and why it needs to be improved. Included in the documentary are facts and experiences from real professionals in the industry, from the booth rental based salons, lack of hourly wages and benefits for hairdressers, and lack of education to help hair dressers evolve in their careers. Kellner also brings up one good point of the beauty industry today, the art aspect of the industry is missing and has turned into a show biz, with manufacturers shoving products down the consumer’s throat, entertainment performances taking place at hair shows instead of pure education, and the same hairstylists and individuals who show up at the hair shows and tell attendees the same information previously given the year prior.

Kellner makes it clear that the beauty industry is a very tough industry, and that education is truly lacking, with the government involved to try and get their fair share by providing mandatory license tests with no meaning. So if you’re in a beauty school expecting to know everything about hair and coloring, and expect to make a lot of money once you graduate, think again. Kellner and the professionals in the documentary pinpoint that education is continuous process, and you have to find resources and people who are willing to help you obtain more knowledge to succeed. That source of information provided from the documentary is there to let you know how this industry operates, and what to prepare for.

Three fourth’s of the way through The Real Hair Truth is where things take a different turn. During that time Kellner is talking about product diversion, professional salon products being sold to and displayed in grocery stores, counterfeit hair products, and what people can do with products once they purchase them. It’s during this time you start to wonder if this is a documentary about expecting of what’s to come when starting your hair dresser career, or how the hair industry is from a business standpoint. The real message isn’t told clearly enough, as the part about product distribution and such should have been compiled into a separate documentary.

A few tips provided by the film, like ways to market yourself when starting your career as a hairdresser, was welcomed. A couple of hair academies Kellner recommends in the film was also helpful, but it would have been great to also hear from him or the others involved in the film of how to bring change to the industry in a positive manner, like ways to bring the art back into the hair industry or of how education can be enhanced so people new to the industry can be properly trained to work behind the chair.

From viewing this documentary, it would mostly appeal to individuals going to a beauty school or are looking to start their careers as a hairdresser. Information from the film lets you know that you have to put in hard work, have dedication, be well educated, and be business savvy to survive in the industry. Remember this isn’t a how-to film, but rather an alert message of how the beauty industry is, with many flaws that need to be improved. Though some tips of ways to succeed as a hairdresser or improve the beauty industry would have been welcomed, the hair truth has definitely been told. If you want the truth about the industry, you can’t go wrong with purchasing this documentary.

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