Terms & Conditions
General terms and conditions
- These terms and conditions apply to all tattoos to be done in the tattoo studio “Inkformal” regardless of the person performing each tattoo.
- All contractual obligations with respect to the creation of a tattoo arise in the case of the studio’s self-employed always and exclusively between the commissioned tattoo artist personally and the customer.
- Children and adolescents are not tattooed. Persons who are under supervision will be tattooed in individual cases according to the free assessment of the tattoo artist, if at least one person who is demonstrably authorized to supervise is present at the appointment, declares his consent to the tattooing in writing and the consent of all other guardians is also declared in writing.
- The customer makes with the conclusion of the contract for a tattoo a deposit. The deposit serves both to fix the agreed tattoo appointment and to compensate the effort of the respective appointment preparation. It is to be paid back to the customer only if either
- a cancellation of the appointment by the customer occurs at least 48 hours before the execution of the first of the agreed appointments, or
- a later cancellation of the first of the agreed dates occurs due to circumstances for which the customer is demonstrably not responsible, or
- the tattoo artist cancels the appointment due to reasons he has to represent
A refund of the deposit is generally only in the form of a freely transferable voucher. This does not apply if such a form of reimbursement is unreasonable to the customer in the individual case – in particular due to the nature of the reason for failure. A refund of the deposit is excluded as soon as the tattoo or a drawing draft of the tattoo has been started.
Insofar as the appointment is canceled after the production of a design, the customer has no right to a transfer of the design drawing. This serves to secure the copyrights of the respective tattoo artist.
The deposit will be offset against the total price of the tattoo to be paid later. If payment is made in several appointments, the deposit will be offset against the fee payable for the last appointment.
In the event that the customer cancels the appointment due to circumstances beyond the customer’s control, the customer shall be entitled to agree on a replacement appointment. In the event that such a replacement date is agreed, the customer shall not be entitled to a refund of the deposit paid.
If the appointment is canceled due to circumstances for which the customer is responsible, the agreement of replacement appointments is at the discretion of the tattoo artist.
There is no right to preferential treatment in the allocation of an alternative appointment.
In cases of cancellation by the tattoo artist, a replacement appointment will be arranged, which must take place at the earliest possible time.
The above provisions shall not affect the provisions of Section 648 sentence 2 BGB. An unannounced non-appearance at the appointment will, as a rule, be regarded as termination of the contract.
An appointment is only binding if it is confirmed by us in text form.
- payment of the fee is made in cash immediately after the execution of each appointment. We do NOT offer card payment.
- The execution of each appointment is subject to the condition that the client is not in a condition that prevents the execution of the tattoo. This includes in particular
- Alcohol or narcotic intoxication,
- Taking anticoagulant or other medications that preclude or significantly impede the performance of a tattoo,
- The uncoordinated application of surface anesthetics
- Diseases that preclude or significantly complicate the performance of a tattoo,
- A known allergy to ingredients of tattoo inks or other tattooing agents,
- an unacceptable hygienic condition of the client for the tattoo artist,
- a state of mind or maturity which precludes effective consent to bodily injury.
- Pregnancy or breastfeeding of the customer
The same applies if the customer behaves in a way that makes the successful execution of the treatment appear uncertain.
The customer shall submit a written declaration of consent prior to each appointment. If the customer fails to do so or is legally unable to do so or if there is any other reason regulated in this contract in the person or behavior of the customer which prevents the respective appointment from being carried out, this shall be deemed to be termination of the contract by the customer with the consequence of § 648 sentence 2 BGB.
- no guarantee can be given that the finished tattoo completely corresponds to its template. The structure and condition of the skin – especially its deeper layers – can not be determined in advance, but can significantly affect the behavior of the tattoo color in the tissue. From therefore deviations in color but also in qualitative terms between template and tattoo can not be excluded.
- insofar as the desired tattoo is a cover-up, no guarantee is given that complete coverage of the tattoo to be covered is achieved. At the same time, it is expressly pointed out that due to interactions between the already existing and the new tattoo color to be introduced both aesthetically undesirable results and unforeseeable reactions of the skin and scarring may occur. For the consequences of such interactions between the already existing tattoo and the cover-up tattoo a liability can not be assumed. In addition, it is pointed out that it is not foreseeable how many sessions will be necessary to complete the work.
- if laser treatment has occurred on skin areas to be tattooed prior to tattooing, this may adversely affect the quality and durability of the tattoo. The same applies to already scarred skin areas. For undesirable optical effects, color deviations, scarring, color gradients, wound healing disorders and / or other undesirable consequences of tattooing laser-treated or otherwise scarred skin can also be no liability.
- for the orthographic correctness of a tattoo – no matter in which language – no liability is assumed. The same applies to dates, etc. in foreign formats. The customer is expressly requested to ensure that the desired writing has the desired spelling and correct spelling before the execution of the actual tattoo.
- We cannot be held liable for complications that are beyond our control (e.g. pigment migrations – so-called blowouts – due to a predestined skin condition, allergic or non-allergic foreign body reactions as well as phototoxic reactions to a tattoo color, etc.).
- no liability is assumed for complications in wound healing and possible consequences (wound infections, scarring, damage to a tattoo, etc.) as a result of aftercare errors or negligence on the part of the customer. The customer is requested to adhere to the care instructions provided to him and, in the event of an unexpected healing process, to contact us immediately or – in the event of significant problems or complications – to consult a professionally experienced doctor outside our business hours.
- If, in the course of healing of a tattoo, there is a loss of color of the tattoo, the customer can only demand a free re-piercing if this is not caused by improper care of the tattoo after the appointment or by adverse environmental influences (UV exposure). In such cases, re-tattooing appointments are chargeable. If the customer does not indicate within 6 weeks after completion of the tattoo that a color loss has occurred through no fault of his own and agrees to a control appointment to determine the same, it is assumed that such a loss is the fault of the customer or has occurred due to environmental influences. For the agreement and execution of a follow-up appointment, the provisions of section 4 on appointment cancellation and section 6 shall apply accordingly.
- f it should come with the production of the tattoo to a contamination of the clothes or the footwear of the customer, no liability is taken over for this.
- The customer grants the executing person a royalty-free right of use, reproduction and publication, unlimited in terms of content, territory and time, to all photographs that the executing person takes of the work created.
The latter in turn grants the customer a free right of use, reproduction and publication of the tattoo, unlimited in terms of content, territory and time. This right does not include commercial use, reproduction, publication or other use. For this purpose, the consent of the tattoo artist must be obtained.
- The provisions of the German Civil Code (Bürgerliches Gesetzbuch) as amended from time to time shall apply in addition, provided that they do not conflict with these Terms and Conditions.
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Urban Slamal
Rechtsanwalt
Specialist lawyer for criminal law
Am Wehrhahn 18
40211 Düsseldorf
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Fax: +49 (211) 93899391
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E-Mail: rechtsanwalt@slamal.de
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