TRUE BLUE TATTOOS TERMS & CONDITIONS
- INTERPRETATION
- The clause headings contained in this agreement are not to be used in the interpretation of this agreement. Unless a meaning is inconsistent with the context, the following terms shall, for purposes of this agreement, have meanings below.
- “Agreement” means an agreement in terms of which you have agreed to the services from True Blue Professional Tattoo Studio and their Artists;
- “Service” means the design and implementation of a Tattoo;
- “Party” means either True Blue Professional Tattoo Studio, and/or their representative and you, and “Parties” means both the Studio and you;
- “Studio” means True Blue Professional Tattoo Studio and/or their representatives and/or Artists;
- “Website” means the website of True Blue Professional Tattoo Studio (https://truebluetattoos.co.za);
- “Consumer” means the party entering into this Agreement;
- An agreement for the services of True Blue Professional Tattoo Studio shall be deemed on these terms and conditions to be entered into between the parties, upon receipt of deposit by consumer.
- In the event that there is a conflict between these standard terms and conditions and any schedule to this agreement, the provisions of these standard terms and conditions shall prevail.
- AGE RESTRICTION
- The consumer must be 18 years or older to receive a tattoo from the Studio.
- The Studio will request proof of identity.
- Should the consumer be under the age of 18 years, written consent from a parent or guardian will be required.
- The Studio reserves their right to refuse to tattoo any minor.
- HEALTH RISKS
- By entering into this agreement, the consumer understands and accepts all the risks that may occur due to the implementation of a tattoo.
- These risks can be, but are not limited to - infection, scarring, difficulty detecting melanoma, allergic reactions etc.
- The consumer agrees to have informed the studio or tattoo artist during consultation of any serious illnesses.
- The consumer agrees to have consulted with a medical practitioner before entering into this agreement.
- It is not recommended to perform any services on pregnant or breastfeeding individuals. The Studio reserves their right to refuse to tattoo an individual who is pregnant or breastfeeding.
- CONSULTATION
- The consumer agrees to schedule a consultation with the Studio prior to the implementation of the tattoo.
- During the consultation, the consumer agrees to discuss the design of the tattoo, any health conditions and/or any further queries that the consumer may have.
- The Studio will provide the consumer with an estimate for the tattoo (design included).
- The estimate given may not be the final amount due, should the tattoo take longer than expected.
- DEPOSIT
- A 50% deposit is required upfront when booking the tattoo.
- The deposit is utilized to design the tattoo and secure the appointment as scheduled between yourself and the studio.
- Deposits will be kept should the consumer not adhere to the cancellation policy below.
- The deposit is non-refundable and will be deducted from your final invoice after the tattoo session.
- Deposits and vouchers are non-refundable and are not exchangeable for cash.
- CANCELLATION
- In the event that the consumer needs to cancel the appointment, the consumer needs to give the Studio 7 (seven) days’ notice in advance.
- Should the consumer not give the studio any notice, or give the Studio late notice, the Studio will retain the consumers deposit at the Studios discretion.
- Should the consumer cancel the appointment late, for a reason the Studio deems an emergency, the Studio may retain the deposit and re-schedule the appointment for a later date as agreed between the parties.
- INDEMNITY
- The consumer agrees to waive and release to the fullest extent permitted by law, the studio from any liability whatsoever, any claims or causes of action that the consumer, his/her estate, heirs, executors, or assigns may have for personal injury or otherwise, including any direct and/or consequential damages, which may result or arise from the application of the tattoo, whether caused by negligence or fault of either the artist or the studio or otherwise;
- The consumer agrees that both the artist and the studio have given the consumer full opportunity to ask any and all questions regarding the application of the tattoo, the risks thereof and any other information required.
- The consumer agrees that the studio has given the consumer all instructions pertaining to the care of the tattoo during the healing process and agrees to follow such instruction and advice given. Should any infection occur, the consumer indemnifies the studio from the consumer’s own negligence due to not taking proper care and instruction during the healing process.
- The consumer agrees that neither the artist nor the studio is responsible for the meaning and/or the spelling of the text that has been provided to them. All information pertaining to the tattoo was provided to the studio by the consumer, and the consumer agrees that such information was checked before the implementation of the tattoo.
- The consumer agrees that the consumer is not under the influence of alcohol, drugs, narcotics, opiates, opioids and/or any prescription pharmaceuticals and indemnifies the Studio, should the consumer be under such influence that may impair the consumer judgement.
- The consumer agrees that the Studio informed the consumer of any and all inherent risks associated with getting a tattoo and fully understands that the risks known and unknown can lead to injury.
- RESPONSIBILITIES
- Free touch-ups are offered within the initial 6 (Six) month period, subject to proper aftercare of the tattoo and the artists’ approval thereof. Hand, finger, and foot tattoos are excluded from free touch-up policy. Touch-ups in these areas will incur the studios minimum fee which excludes aftercare.
- The consumer agrees to adhere to the proper aftercare of the tattoo as advised by the Studio.
- It is the responsibility of the consumer to ensure that the tattoo is properly wrapped, washed, moisturized etc. in accordance with the guidelines given by the studio.
- GENERAL
- In making payment of the deposit, the consumer agrees to the establishment of the agreement between the parties. This agreement applies to the Studio, its personnel and any guest artist using the Studio’s space.
- The consumer agrees to arrive on time for the appointment. Should the consumer anticipate being late, the consumer agrees to inform the Studio. Failure to do so may result in the artist not performing the appointment or the appointment being shortened.
- It is advisable to get a good night’s rest, abstain from drugs and alcohol and be well nourished before the tattoo session.
- The consumer understands that variation in colour and design may exist between the tattoo art that the consumer has selected and the actual tattoo when applied to the consumer’s body.
- The consumer understands that the skin tone will affect the resulting tattoo -if the consumer’s skin is dark, the tattoo will result in the colours appearing darker than they would on lighter skin tones.
- The consumer understands that overtime, the colours and clarity of the tattoo may fade due to inter alia, unprotected exposure to the sun and the naturally occurring dispersion of pigment under the skin.
- The consumer understands that tattoos are permanent and can only be removed by laser or surgical means, which can be disfiguring and/or costly and which, in all likelihood, will not result in the restoration of the skin to its exact natural appearance before the application of the tattoo.
- The consumer agrees to reimburse the studio for any attorney’s fees and costs incurred on an attorney and own client scale in any legal action that may result between the parties.
- By agreeing to be tattooed, the consumer acknowledges that he/she was given adequate opportunity to read and understand the terms and conditions, and that it was not presented to the consumer at the last minute, further the consumer understands that in entering this agreement, the consumer is waiving certain rights that the consumer may have against the studio;
- If any provision, section, subsection, clause or phrase in this agreement is found to be unenforceable or invalid, that portion shall be severed from the rest of the agreement. The remainder of the agreement will be construed as though the unenforceable portion of the agreement had never been contained in the
- The consumer agrees and understands that the tattoo belongs to the tattoo artists in terms of the Copyright Act no 98 of 1978. The consumer releases all rights to photographs taken of the tattoo and gives consent in advance to the studio for reproduction in print or electronic form. Should you not consent to the use of such photographs, kindly inform the studio prior to the completion of the
- PERSONAL INFORMATION
- For the purpose of this clause, “personal information” means personal information as defined in terms of POPI and shall include all information you provide to the studio.
- The Studio will process your personal information in accordance with the terms of its privacy policy (‘Privacy Policy”) (accessible on the website and/or available on request) which terms are hereby incorporated by reference, and to which you agree and consent.
- The Studio respects your right to privacy and is committed to the protection The Studio needs to process your personal information in order to offer you the services in terms of this agreement and keep you updated with regard to products and services which may benefit you.
- The purpose for which the Studio may use your personal data will include, amongst others:
- To Identify you;
- Marketing and promotions (including contacting you for such purposes via email, SMS, call, WhatsApp);
- Administration;
- To attend and manage your requests to the Studio;
- For purposes of business transfer;
- For any other purposes such as data analysis, identifying usage trends; improving our services etc.
- By usage of our services or our website and by submitting information to the studio, you acknowledge and agree that such conduct constitutes unconditional, specific, and voluntary consent to the processing of your personal information, whether or not by automatic means.
- By providing your personal information to the studio in your capacity as a natural person, you warrant that you are 18 years of age or older and of full legal capacity. In the event that you are under the age of 18 years of age or if you are not legally permitted to enter into a binding agreement, such information will be provided with the involvement and supervision of a parent or guardian.
- To the extent that you provide personal information of any other person, you hereby warrant that you have consent to provide such information for processing and you hereby indemnify and hold the studio harmless against all loss, liability, damage and/or claims of whatsoever nature which may be made against or suffered by the studio and/or any other person arising from any breach of this warranty.
- The studio will retain your personal information for as long as necessary for the purposes set out in the privacy policy.
- In the event that you wish to OPT out of any promotional or marketing being sent to you, you agree to inform the Studio, and the Studio will then remove your personal information for those purposes.