Waivers are a tool for tattoo shops to use to protect themselves from customer’s with “buyer’s remorse” and even law suits, or at least limit their potential liability. Whether they’re worth the paper they’re on, however, basically comes down to five things:
- The state, county and city where the shop is located.
- The capacity of the person signing the release, i.e., whether he/she is drunk or a minor.
- The proper drafting of the release.
- Whether the claim against the shop or artist is based on negligence or gross negligence.
- Whether the procedure covered by the waiver is legal.
A waiver or release is a contract that the client, or parent of the minor client, signs promising to release from liability (i.e., not to sue) the studio for harm that may arise from the tattoo. The terms waiver and release are often used interchangeably, but there is a distinction: a waiver is an agreement signed before any harm occurs and a release is signed after the harm that could result in a claim has occurred.
Waivers protect studios from suit for all different kinds of potential harm, such as infections, scarring and keloiding, allergic reactions to ink or green soap, a kanji placed upside down and, my favorite, misspelled tattoos The simple fact of having signed a waiver and release can discourage many clients from seeking to sue in the event of a problem. Similarly, a client who goes as far as to talk to a lawyer will find that most lawyers will turn them down as a client if there exists a well-written waiver — unless the circumstances are particularly nasty, the lawyer won’t view the case as worth their time and effort. And in the event you do end up in court (or even small claims court), the client’s executed waiver and release will be a strong defense.
Click HERE to see the Waiver you will be asked to read and sign at Spilt Milk Gallery.
