Will my liability form protect me if my client wants to do something that I advised against?
24
9
Ok, so in this case it's good to consider what your liability is, but here are three things I recommend:
- Customize Your Waiver
If you’re using a standard eForms waiver, that’s a good start, but you should customize it to clearly describe this exact situation. Spell out in plain English that the client has been advised not to do microblading due to prior pigment saturation, and that the expected outcome may be dark, unnatural, and may not fully conceal the old tattoo. Make sure there’s a clause stating they understand and accept that result, even if it does not meet their expectations. If you want, try contractscounsel.com. It's a site where you can post a job for free, and lawyers will bid on it so you can choose who to work with. - Create a Specific One-Page Acknowledgment
In addition to your regular release, create a separate, short form (even one page) that reiterates that you explained the risks again that day, that the client chose to go against your advice, and that they accept full responsibility for the aesthetic result. Have them initial each paragraph and sign at the bottom. That document can be gold if a complaint or legal issue comes up later. - Maintain a Paper Trail
A picture is worth a thousand words — so take before photos, screenshots of your written advice, and get the client's written acknowledgment of the discussion. If she showed you an inspiration photo, save that too, and note that you told her the result would likely not match it. If anything ever comes up, this paper trail can help shut down a refund demand or negative online claim.
Upvote if this is a clear answer
Downvote if this is not a clear answer
Create DocumentFull Conversation
Hi, I provide cosmetic tattoos and have a client that wants to go against my professional opinion to receive a service. Does the liability form help with that?
I understand your concern. Have you discussed the risks and potential consequences with your client before they signed the liability form?
Yes, and I will before they sign the day of.
Did you clearly outline your professional opinion in writing to the client before they decided to proceed with the service?
Yes, I said I don't do this service for "cover-ups" or corrections because it doesn't effectively cover old work.
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with client disputes.
The client has an old eyebrow tattoo that is large, dense, and blue. She booked a Cosmetic Tattoo Correction or "cover-up" with me. At her first appointment I explained that creating "hair-like strokes" within her previous tattoo would be impossible because there is no negative space to provide a natural look anymore.
So the day of her appointment I recommended "Machine Shading" which will just completely go over her old tattoo, bringing back color and smoothing out the edges/correcting the shape.
She is now asking to just Microblade over the old work, which in my professional opinion is not an effective way to cover up an old eyebrow tattoo. It won’t correct the color and it will have pockets of that old tattoo sticking through because it doesn’t fully cover it up.
Hello! Legal Eagle here, and I am an attorney specializing in your area of law.
Do you know why she insists on going against your advice?
She has seen a photo where the service she has in mind gives her a good outcome, but even with the photo I don't recommend it because I don't think it will heal the way she wants.
The service by itself is effective but over old work will not cover or heal pretty in my opinion.
What is the issue that you see for this person in this case? Is there any specific health risk or is it that she just won’t get what she wants?
No health risks — I'm worried the final outcome will be dark and unnatural-looking, and on top of that, it will still show her old tattoo, which is blue.
Understood! So you're just wondering what it is you can do here, correct?
Yes, I just don't want any retaliation after the service is healed if she doesn't like it. And I'm wondering if the liability form I made through eForms will be successful in preventing that.
Ok, I've got what you're getting at here! Were there any other facts you'd like to add before I answered your question?
We’ve been talking over text and in person at her last appointment. When I saw her, we did a different service which brought some color back, but she is set on wanting the “hair-stroke” look in her eyebrows.
Ok, so in this case it's good to consider what your liability is, but here are three things I recommend:
- Customize Your Waiver
If you’re using a standard eForms waiver, that’s a good start, but you should customize it to clearly describe this exact situation. Spell out in plain English that the client has been advised not to do microblading due to prior pigment saturation, and that the expected outcome may be dark, unnatural, and may not fully conceal the old tattoo. Make sure there’s a clause stating they understand and accept that result, even if it does not meet their expectations. If you want, try contractscounsel.com. It's a site where you can post a job for free, and lawyers will bid on it so you can choose who to work with. - Create a Specific One-Page Acknowledgment
In addition to your regular release, create a separate, short form (even one page) that reiterates that you explained the risks again that day, that the client chose to go against your advice, and that they accept full responsibility for the aesthetic result. Have them initial each paragraph and sign at the bottom. That document can be gold if a complaint or legal issue comes up later. - Maintain a Paper Trail
A picture is worth a thousand words — so take before photos, screenshots of your written advice, and get the client's written acknowledgment of the discussion. If she showed you an inspiration photo, save that too, and note that you told her the result would likely not match it. If anything ever comes up, this paper trail can help shut down a refund demand or negative online claim.
Does that help clarify things? I want to make sure I didn’t leave anything out.
Ok I’ll go make those changes to my eForm right now and will take photos and screenshots, then explain it to her again in person. Thank you so much!
For sure! Did I thoroughly address your question? Did I provide top-tier service to you? If the answer is no to either, please let me know so I can help!
Hello! I want to make sure ALL of your concerns were addressed. Did you have any concerns about this that still need to be addressed? I'm happy to help.
So I haven't heard from you in a while, but that's ok! I hope I’ve provided the information you were seeking. If you need more help, please let me know so I can continue to assist you.
