What is a Tattoo Agreement Contract?
Tattoo agreement contracts have become increasingly important for tattoo artists with the rise in popularity of body art. A tattoo agreement contract is a document that governs the relationship between a tattoo artist and client and sets out both parties’ rights, obligations, and liabilities. Tattoo agreement contracts can be created for different purposes, for example, contracts may relate to the provision of tattoo services or the sale of tattoo supplies.
The broader purpose of a tattoo agreement contract is to ensure that the artist and client are aware of just what is expected from them from the outset. This can help substantially to avoid the risk of disputes arising between the client and the tattoo artist. In the ultimately fragmented tattoo artist market , it can be difficult for clients to predict the likely process/treatment their specific tattoo will go through before it comes to fruition. Having a clear understanding from the beginning can help to reduce this risk.
Typically, tattoo agreement contracts will include important information such as: A tattoo agreement contract should not be confused with a standard agreement for purchasing goods. In addition to the above, a tattoo artist will often be required to protect the health and safety of the client during the tattoo process and therefore it will be necessary to include a section to protect the client against harm both to themselves and to a third party (for instance a child who may suffer injury by eating food contaminated by a tattoo artist’s glove). Tattoo artists may also wish to include a section in the contract stating that the tattoo artist will not be liable for breaches of contract by third parties (for instance, if the tattoo artist outsources elements of the process).
Tattoo Agreement Contract Components
The typical tattoo agreement contract will include several common elements, including the following: client information, design specifications, pricing and terms of service.
Client Information – The client should be asked for his or her full name, address, phone number and email address. The age of the client must be stated as well. Today, ID verification with a government-issued photo ID is typical and may be a legal requirement or simply a best practice. The client should be provided with a copy of the signed contract. If there are any updates to the information provided on the adjacent side of the form, the customer should be able to submit changes to this information and the contract should be re-signed.
The contract or terms can be rewritten and circulated to cover multiple sessions for a large tattoo project – such as full back tattoo – but care must be taken to avoid contracts that are unreasonable as to timing of each appointment to finish the work.
Design Specifications – The exact tattoo needs to be described in very specific terms, including but not limited to, the overall size, location on the body, color, equipment used and other elements of the design. Any changes to the design should be initialed by the artist only.
Pricing – The pricing needs to be clearly stated in the contract, including an hourly rate (that is also disclosed on Web sites and in other marketing). The contract should reflect both the deposit required by the artist and the remaining amount that is due. Valuable considerations for the client could include payment plans or installment agreements, although it is important to ensure there is no conflict with state laws that might prohibit or limit payment plans and payment plan fees. The agreement should specify if tips are permitted, or if they are prohibited.
Terms of Service – The terms of service should include the provisions discussed above. Furthermore, the terms of service should contain a release of liability for the artist for any injury or disease caused by the services rendered. Also addressed in the terms of service should be an explanation as to the aftercare of the tattoo when it is complete. Finally, the terms of service should include an explanation of how changes to the contract will be handled, including for appointment cancellations/reschedules. The terms should also address those no-shows or late cancellation requests that are requested prior to the contractual appointment.
Tattoo Agreements: Why You Need Them
Having a tattoo agreement contract is in everyone’s best interests, whether you are a tattoo artist or getting tattooed. As mentioned above, the contract will keep you out of legal trouble, which can be complicated and time-consuming to deal with. Having a legal contract is your protection should your client decide to sue – by having a contract in place, it proves that you were not negligent on your part. Not only that but it will help you avoid a lot of misunderstandings and client relationship drama too.
For clients, having a contract will clarify beforehand what exactly they will be paying for and what the tattoo artist will be providing. They can come to an agreement on how many sessions they will need, whether the artist will do touch-ups or cover-ups at no charge, and so on. For tattoo artists, a contract will also prevent future disputes over how much a tattoo session will cost, whether the tattoo artist is allowed to tattoo a number of clients at once, and other such issues that may arise.
A tattoo artist has the legal right to make, share, and sell copies of a client’s tattoo but only if the client grants them permission to do so. Having a contract in place grants or withholds this permission and avoids arguments and confusion later on down the line.
Creating Your Tattoo Agreement Contract
When it comes to contract drafting, there are a wide array of specific issues that can arise, and overall, a few principles will help you out in the process of drafting agreements. The first step: determine and understand the purpose of the contract. In the tattoo world, the purpose of the contract is twofold: protect the tattoo artist by requiring liability waivers, and clearly set out the terms of the tattooing services required and expected by both parties. The tattoo contract is not necessarily a deal breaker: some tattoo artists may simply require you to sign a liability waiver that is separate from any service contract, but for the most part – when hiring a professional tattoo artist to create a tattoo or series of tattoos – the service contract will be binding, and should be signed before any service is provided. The next step in drafting is to develop the legal conditions that must be met in order for the tattoo contract to be valid. In most cases, this means it is necessary for both parties to be competent adults, meaning that the individual must be at least 18 years of age, and there must not be any undue pressure placed on the individual to agree to a certain contract term. Once the conditions necessary for the contract to be valid are established, it’s crucial that the terms are specific and clearly detailed. This means writing out each duty that each party has, including those that are often forgotten (in who is responsible for purchasing the tattoo equipment, for example). It is also important to understand how the tattoo contract can be terminated, what happens in the event of an early termination, what happens if either party violates the contract, whether the entire contract will be voided or only the specific provision in question, and how violations may be legally remedied. While some tattoo contracts are set up using pre-designed templates, others are extremely specific, and need to be drafted particularly for the circumstances involved. When drafting a contract for the tattooing services, consider some of the following variables, which may but do not necessarily need to be included: In order to create a valid and comprehensive tattooing contract, it’s important to consider the variables involved in the process, and to come to an agreement with the artist or client. Only by discussing the terms, separately outlining them, and getting them in writing, can you avoid any responsibility ambiguities, and create a comprehensive and legally sound tattooing contract that protects the parties involved.
Tattoo Agreement Contract: Common Provisions
Cancellation Policy
A cancellation policy protects you from potential no-shows or last-minute cancellations. Clients can be advised of, and required to acknowledge, your requirements when they sign the agreement. For example, if you require a non-refundable deposit in order to schedule an appointment, you can require them to pay the deposit at the time they sign the tattoo agreement contract and include your cancellation policy there.
Liability Waivers
You should also include a liability waiver that covers risk that might be inherent in getting a tattoo, such as personal injury, allergic reactions to dyes, and other potential injuries. Since tattooing is an invasive technique that carries its share of potential complications, it’s important that the client understands the risk and waives your liability for any results . This protects you against liability that could be caused by an allergic reaction to dye, bleeding, not healing properly, or any other injuries that might be incurred.
References
If you have specific care instructions for a client that deviate from traditional methods or tools, be sure to include them in the contract. For example, if you use a special, non-stinging disinfectant on a person’s skin after you give them a tattoo, you want them to be aware of the aftercare instructions that they need to follow. Likewise, if you require that they don’t touch their new tattoo for 24 hours to prevent it from getting infected, be sure to include that in your liability waiver so they can see it right up front.
FDA Regulation and Body Art
Enforceability of agreements is a critical element for tattoo businesses to contemplate, regarding the legal ability of a business to claim non-violation or breach of contract, or on the other hand, of a terminated tattoo artist to bring an employment or breach of contract action, and in the latter scenario, what kind of defenses may be invoked by the business to protect itself from tort actions or allegations thereunder. In many states, the laws governing the application of "no compete" clauses are well-defined, and predictability in terms of claiming a violation of such a clause for an artist that leaves the employing business is relatively high, except in those situations where the breach or purported breach of the "no compete" clause falls at or near the expiration of the stated term of the contract. Thus, the potential for counter-claims and damages from an aggrieved tattoo artist violate the no compete clause may be considerably diminished, depending on the circumstances presented in the individual case.
Pursuant to 15 U.S.C. §§ 1051-1127, "any word, phrase, symbol, or design, or any combination thereof," may be registered with the federal patent and trademark office, and any citizen of the United States or foreign national may register a trademark if it is used to provide goods in commerce. All representatives, collectors, and dealers in the United States must fully compliance with the regulations and guidelines promulgated under the federal and state laws, and in doing so are required to obtain requisite permits, gain approval and authorization by appropriate state and city agencies, and to pay appropriate fees and taxes concerning the business activities in which they will be engaged. Such sales must not be conducted in a deceptive manner, nor may the representers, collectors, and dealers conduct business in a manner that may be construed as deceptive or fraudulent practices. Pursuant to 21 C.F.R. § 80.200, violators of these laws and regulations are subject to civil and criminal penalties. The test for what constitutes a "deceptive act" is whether the advertised matter is likely to mislead a reasonable consumer. See 16 C.F.R. § 18.1; 16 C.F.R. § 18.3.
It is probable that there will come a time, however, when this method of protection from artists who leave a business or shop and seek to directly compete with that business, may also be effective in avoiding liability from claims of a former tattoo artist on grounds of fraud, misrepresentation, deceit, or other allegedly unlawful practices that may be employed by the artist to the detriment of the business and its clients. In the event that the matter proceeds to trial, there numerous potential defenses that may be raised by the business to assert, and seek dismissal of the complaint, including: (a) a motion for summary judgment, (b) a claim for violation of anti-trust laws, (c) copyright and trademark infringement, (d) the defense of "fair use," (e) commercial defamation claims, (f) torts that arise from interference with business relations, (g) misappropriation of business identity and/or trade secrets, (h) and a business disparagement claim.
Tattoo Artists: Considerations for Clients
Whether it’s the first time or the fiftieth, clients should always carefully read their tattoo agreement contract before signing. Here are a few things clients should be sure to look for in their agreements:
Clarity- The client should fully understand all of the terms of the agreement. If there’s anything that seems confusing or unclear, now is the time to ask.
Artist Credentials- The client should be comfortable with where their artist is coming from. Is their artist licensed, if that state has any governing Tattoo license requirements? How long has the studio/artist been in business?
Health and Safety Guidelines- Most establishments will have general health and safety guidelines, which the client should also be comfortable with. If they have any specific health or safety concerns, they may want to address these issues with the artist beforehand.
Tattoo Agreement Contracts and You
Ultimately, tattoo artist contracts play an essential role in the tattooing process. Typically speaking, professional tattoo artists would not put someone under the needle without signing a professional agreement for the piece beforehand. This contract serves to protect both the artist and the customer in the event that an issue or complication does arise with the piece or the process. Not only does the artist ensure that proper protocol is followed and that the piece is properly documented , but the customer is also more aware of what is going on with the piece and what is to be expected each step along the way. As a result, their overall level of satisfaction is likely to be higher, as well. To avoid potential problems down the line, it’s going to be in your best interests — as an artist and a customer — to sign a professional, official tattooing contract before you have a needle put to your skin or ink to your needle.