Non-paying client and salon commission liability

[ever_young]

Hello All,
I am hoping you could give me some advice in a frustrating situation. I provide (rather pricey) treatments as a practitioner at a beauty centre.
A client had a couple of hundred pounds worth of treatment and dodged payment at the reception desk after her card was declined, and she had given a false address in the consent form.
The salon seems to think that the practitioner has to pay them their commission even if the client does not pay for treatment.

They refer to a clause in the contract which is:
The Practitioner shall pay to the Clinic an introductory commission of ££% of all fees (exclusive of VAT) charged to the Patient. This commission is due whether or not the Patient pays for the procedure.

But another line in the same document is:
All charges for Procedures are due to the Practitioner but shall be paid through us as collecting agent. Before paying these over to the Practitioner we shall deduct any commission that is due to us from you under these terms and conditions.

I have used over £100 of product and an hour of my time - rather than compensating me where their reception failed to take payment competently, they are saying I am liable to pay them - although the terms in the contract are quite qrey about who is accountable for the payment not collected.
What do I do? Please help!!!:sad::sad::sad:

 

[missty25]

I would seek proper legal help tbh. You could end up going around in circles arguing both points.

 

[ever_young]

Thank you Missty25 it does look grey :-(

 

[Kim Lawless]

Oh come on! Surely this is a situation where you both put this down to experience and they don't expect you to pay. Explain that you're the one that lost out on the cost of the treatment and they are the ones that let her leave the building without paying. You could argue that they own you but you haven't.

 

[Chrysalis]

Initially you need to call the police as the client has stolen, there is a case about this in a paper.
Then legal advice
Was the card stolen?
Is there CCTV in the salon, are any details correct on the form telephone number etc?
Did you take before pictures which can be used as evidence of who the client was?

I had a client once who when I was going through the consent form said she wouldn't allow me to take before and after pictures. I explained they were confidential and not for distribution but she still refused, I got a feeling and on the basis of I take pictures I refused to do her treatment, she may have been one of these scammers!!!
Hope yous get something sorted out it seems a shame yous should be at each other's throats over a criminal client!

I agree with above why does salon still want money from you? Double jeopardy?

Another stable door thought, take a booking deposit over the phone then you know whether it's a genuine client or not

 

[ever_young]

Thank you Chrysalis, Kim Lawless.
The client is a pro, definitely, she managed to call the police first to say the salon were harassing her for payment.
So they cannot investigate her for fraud right away. But the clinic have followed up with the police, and are taking action to find this person.
I did naively ask if the salon could reduce commission for a few subsequent clients in order for me to make up the product expense as I was out of pocket. They responded by saying I owed them commission.
I have before after pictures, it is all above board. The clinic's lawyer is obviously protecting them. I want to take it as a learning experience but they could have shown a bit more heart - now I feel sick even to continue working with them.:sad:

 

[AmberExt]

**This isnt advice** It reads to me that the amount is owed and the salon collect it from the client.... it doesnt say the clinic collect it from you .... if the clinic are acting as your collecting agent are they not in breach of the contract in respects to your payment (your profit)?

Do get proper legal advice as there maybe other points in the contract which are relevant. you should get a free 1/2 hour to work out a plan, your insurance or trade body may have a legal helpline.


Sent from my GT-P3110 using SalonGeek mobile app

 

[Chrysalis]

Ah so it's in the process of getting it back from her, her identity is known so you can pursue her for payment even if it's through the courts.
Don't let this bad experience put you off.
Have a look at what your future options are to work elsewhere and what your get out clause is too
Good luck

 

[fuzzyduck]

Who on earth wrote this contract? It sounds very badly written and I certainly would not have signed something with a clause like that in it. This proves that everyone using this site and is about to sign any contract should have a legal professional to read through it first especially when there is ambiguity.

I feel for you it does not lead to a healthy working attitude .
I personally would walk out the door and learn from my mistake.
Perhaps in future when a treatment is booked above a certain value take 50 o/o up front.
Hope you sort it out.

 

[Carlalouise]

Contract or no contract, it's poor show if they can't cut you some slack, they must realise you are out of pocket and they were the ones that let her go. They should take some of the responsibility, if they won't and are prepared to put you further out of pocket I would seriously look for somewhere else to work!

 

[skingeek78]

Thank you Chrysalis, Kim Lawless.
The client is a pro, definitely, she managed to call the police first to say the salon were harassing her for payment.
So they cannot investigate her for fraud right away. But the clinic have followed up with the police, and are taking action to find this person.
I did naively ask if the salon could reduce commission for a few subsequent clients in order for me to make up the product expense as I was out of pocket. They responded by saying I owed them commission.
I have before after pictures, it is all above board. The clinic's lawyer is obviously protecting them. I want to take it as a learning experience but they could have shown a bit more heart - now I feel sick even to continue working with them.:sad:

I feel really bad for you. I don't think I would be continuing to work with them. Do you work with them as a chain or a single clinic?

 

[ever_young]

Your are all so sensible and kind. thank you it has really helped.
Hubby is hopping mad about the whole thing and is telling me to walk out as well. But when you have earned a bit from providing treatments in a place, which seems to be growing too - they only opened shop in May this year - I worry about losing a potentially good thing.
I mean, most of us, especially those who participate in forums are obviously passionate about what we do - but for some salons and clinics it is profit all around isn't it?
At least the proprietress did say the contract seems "somewhat weighted" to protect them - and I took all your advise and have paid for a contract checking service! Waiting for them to come back to me on how to modify the contract.

 

[ever_young]

It is a single clinic really - quite new - and they are quite civil to me - apart from the contract being rather mean!!!

 

[skingeek78]

Your are all so sensible and kind. thank you it has really helped.
Hubby is hopping mad about the whole thing and is telling me to walk out as well. But when you have earned a bit from providing treatments in a place, which seems to be growing too - they only opened shop in May this year - I worry about losing a potentially good thing.
I mean, most of us, especially those who participate in forums are obviously passionate about what we do - but for some salons and clinics it is profit all around isn't it?
At least the proprietress did say the contract seems "somewhat weighted" to protect them - and I took all your advise and have paid for a contract checking service! Waiting for them to come back to me on how to modify the contract.

If you have been productive working there then you are clearly good at what you do and you will have delivered them a fair bit of commission. I would be inclined to remind them of that and try to negotiate on this business of paying even if your client doesn't. I don't like it and don't see that you should have to really x