My Amelia James Stylist Agreement- Terms & Conditions

By executing the My Amelia James Independent Stylist Agreement (“Agreement”) you apply for legal authorization to become a My Amelia James business owner and enter into contract with My Amelia James (“Company”). 

  1. By signing this Agreement, you acknowledge that you have read, understood and agree to:
  • My Amelia James Policies and Procedures, as amended from time to time.
  • All terms set forth in this Agreement
  • My Amelia James Compensation Plan  
  1. Annual Renewal of Stylist Agreement. This Agreement is good for a term of one (1) year. Each Agreement will be renewed automatically unless otherwise noticed by the Company or the Stylist. This annual charge will be due each year on the anniversary of the date the Stylist submitted her Agreement. By paying this charge, Stylists agree to the current revisions of the Terms of Application and Agreement, the Policies & Procedures, and the Compensation Plan, which are available on the website, www.myameliajames.comThe annual membership fee is non-refundable.  

If a Stylist does not renew her or his Agreement, she or he will lose all rights of “Active Stylists”, as described in the Policies and Procedures, as well as overrides or clothing credit. She or he will also lose any and all rights to her or his sales organization.   

My Amelia James reserves the right to terminate all Stylist Agreements upon thirty (30) days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products via any sales channels. 

My Amelia James may cancel this Agreement for any reason upon thirty (30) days’ advance written notice to Stylist. My Amelia James may also take actions short of termination of the Agreement, if the My Amelia James Stylist breaches any of its provisions. 

  1. Independent Contractor Status. You agree this authorization does not make you an employee, agent, or legal representative of My Amelia James or your Sponsoring Stylist. As a self-employed independent contractor, you will be operating your own independent business, buying and selling products available through My Amelia James on your own account. You have complete freedom in determining the number of hours that you will devote to your business, and you have the sole discretion of scheduling such hours. 

As an independent contractor, you are responsible for all self-employment taxes, income taxes and other filings required by law, and are not covered by any State Unemployment or Workers’ Compensation Act. You will receive IRS Form 1099-MISC electronically, reflecting the amount of income paid to you during the calendar year. It is your sole responsibility to account for such income on your individual income tax returns. 

  1. Refunds and Product Returns.

Customers who purchased on our Website: Customer returns will be refunded in store credit. Returns must be made within 14 days of delivery for a full credit. Within 15-30 days, a 10% restocking fee will apply. Returns will not be accepted after 30 days.  

Customers who purchased via a Stylist: It is the responsibility of all Stylists to handle returns from customers who purchased products from their boutiqueIf a customer returns a damaged or defective product to a Stylist, the Stylist has the option to destroy the product and take the loss as a business expense or return the damaged product to My Amelia James for a partial refund. All partial refunds must be processed within ninety (90) days from that date the Stylist purchased the product from My Amelia James. 

Stylists: A Stylist who is a recipient of a damaged or incorrect wholesale order must notify My Amelia James within fourteen (14) calendar days from receipt of the wholesale order and follow the return process detailed in Policies & Procedures. 

  1. Presenting the Plan. You agree when presenting the My Amelia James Compensation Plan to present it in its entirety as outlined in official My Amelia James materials, emphasizing that sales to end consumers are required to receive compensation in the form of overrides. In presenting the plan to prospects, you agree not to utilize any literature, materials or aids not produced or specifically authorized in writing by My Amelia James. You agree to instruct all prospective Stylists to review the My Amelia James Compensation Plan prior to signing an Agreement. 
  1. Selling Product. You agree to make no representations or claims about any products beyond those shown on product labels and/or in official My Amelia James literature. You further agree to sell products available through My Amelia James in the United States, Puerto Rico, and other territories of the U.S. Stylists may not promote their businesses outside the U.S. 
  1. Release of Liability. You agree to release My Amelia James and its affiliates from all liability arising from or relating to promotion or operation of your My Amelia James business and any activities related to it (e.g., the presentation of My Amelia James products or Compensation Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to defend (with counsel acceptable to My Amelia James) and indemnify My Amelia James for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that you undertake in operating your business. 
  1. My Amelia James’s Proprietary Information and Trade Secrets. You recognize and agree that, as further set forth in the Policies and Procedures, information compiled by or maintained by MyAmelia James, including Line of Sponsorship (LOS) information (i.e., information that discloses or relates to all or part of the specific arrangement of sponsorship within the My Amelia James business including, without limitation, Stylist lists, sponsorship trees, and all My Amelia James Stylist information generated therefrom in its present or future forms), constitutes a commercially advantageous, unique and proprietary trade secret of My Amelia James, which it keeps as proprietary and confidential and treats as a trade secret. During the term of your contract with My Amelia James, My Amelia James grants you a personal, non-exclusive, non-transferable and revocable right to use trade secret, confidential, and proprietary business information (Proprietary Information), which includes, without limitation, LOS information, business reports, manufacturing and product developments, and Stylist sales, earnings and other financial reports to facilitate your My Amelia James business. 
  1. Non-Competition AgreementDuring the Term of this Agreement and for one (1) year thereafter, a Stylist may not recruit another My Amelia James Stylist for a different opportunity. The term “recruit” means actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way (either directly or through a third party), another Stylist to enroll or participate in any direct sales or network marketing opportunity. This conduct represents recruiting even if the Stylist’s actions are in response to an inquiry made by another Stylist.  
  1. Images / Recordings / Consents.You agree to permit My Amelia James to obtain photographs, videos, and other recorded media of you or your likeness. You acknowledge and agree to allow any such recorded media to be used by My Amelia James for any lawful purpose, and without compensation. You waive any right to inspect or approve the same prior to publication by My Amelia James. 
  1. Jurisdiction and Governing Law. The formation, construction, interpretation, and enforceability of your contract with My Amelia James as set forth in this Stylist Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the State of Arizona without regard to conflict of law provisions. 

The parties each consent to the exclusive jurisdiction and venue of any state or federal court located in Maricopa County, Arizona. 

  1. Affiliates. Neither My Amelia James, its parent and/or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”), shall be liable to the other for consequential or exemplary damages for any claim or cause of action relating to the Agreement or the sale or use of My Amelia James’ products, even if the Party has been advised of the likelihood of such damage. 
  1. Dispute Resolution. All disputes and claims relating to My Amelia James, its products and services, the rights and obligations of a Stylist and My Amelia James, or any other claims or causes of action relating to the performance of either a Stylist or My Amelia James under the Stylist Agreement or the My Amelia James Policies and Procedures shall be settled totally and finally by arbitration as enumerated in the Policies and Procedures in Phoenix, Arizona, or such other location as My Amelia James prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to discovery rights allowed under the Federal Rules of Civil Procedure. Additionally, you agree not to initiate or participate in any class action proceeding against My Amelia James, whether in a judicial or mediation or arbitration proceeding, and you waive all rights to become a member of any certified class in any lawsuit or proceeding. This agreement to arbitrate shall survive any termination or expiration of the Stylist Agreement. Nothing in the Stylist Agreement shall prevent My Amelia James from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its interest prior to during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding. 
  1. Time Limitation. If a Stylist wishes to bring an action against My Amelia James for any act or omission relating to or arising from the Agreement, such action must be brought within one (1) year from the date of the alleged conduct giving rise to the cause of action. Stylist waives all claims that any other statutes of limitations apply. 
  1. Miscellaneous. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of the Agreement will remain in full force and effect. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and My Amelia James and supersedes any prior agreements, understandings and obligations between you and My Amelia James concerning the subject matter of your contract with My Amelia James. 
  1. Notice of Right to Cancel. If you no longer wish to remain a My Amelia James Stylist, please email Stylist Support at repsupport@myameliajames.com. 
  1. The Company may amend these Terms of Use from time to time without notice.