Terms and conditions - Black Dog Tattooing

Black Dog Tattooing Terms & Conditions:

IMPORTANT

Tattoos at Black Dog Tattooing are custom-made and subject to the artist’s copyright. These designs are not used as templates for other customers.

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 Black Dog Tattooing and their Artists;

“Service” means the design and implementation of a Tattoo;

“Party” means either Black Dog Tattooing, and/or their representative and you, and “Parties” means both the Studio and you;

“Studio” means Black Dog Tattooing and/or their representatives and/or Artists;

“Website” means the website of Black Dog Tattooing (https://www.blackdogtattooing.co.za);

“Consumer” means the party entering into this Agreement;

An agreement for the services of Black Dog Tattooing 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.

QUESTIONS AND CONSULTATIONS: If you have questions about tattoo designs or pricing, please schedule a consultation. We aim to respond promptly to written inquiries. Provide your phone number.

AGE REQUIREMENT: You must be at least 18 years old to get a tattoo, as per the law. In exceptional cases, minors may be tattooed with written parental consent before turning 18.

HEALTH CONSIDERATIONS: Discuss any serious illnesses with your tattoo artist during your initial conversation. This helps determine if it’s safe for you to get a tattoo.

PREGNANCY AND LACTATION: We do not recommend or perform tattoos on pregnant or breastfeeding individuals.

TOUCH-UP POLICY: Any touch ups older than 2 months will be charged. Tattoos placed on the hands/finger and feet/toes; do not heal as well nor last as long as others. Be aware of this and know that touch-ups and corrections done on these areas will be done at the cost of the client.

CHILDREN IN ATTENDANCE: Please do not bring children under the age of ten to the appointment, objects within the studio are potentially hazardous to children and their behaviour is often a distraction to the artist.

ADVANCE PAYMENT: You’ll need to make an advance payment when booking an appointment. This payment secures your appointment date and covers the artist’s design work. Once design work begins, this payment becomes non-refundable and is deducted from your final bill after the tattoo session. Deposits and tattoo vouchers are non-refundable and not exchangeable for cash.

CONTRACTUAL AGREEMENT: Making a payment establishes a contract between you and Black Dog Tattooing.

CANCELLATION POLICY: All deposits are non-refundable. If you do not arrive for your appointment or do not notify us within 24 hours before your appointment of your inability to arrive at the date and time agreed, payment of another R350 deposit will be required for a new appointment. Unless extreme circumstances occur, this is non-negotiable. Anyone later than 15min will need to reschedule their appointment- your deposit will be forfeited.

PUNCTUALITY: Arrive on time for your appointment. If you anticipate being late, call ahead. Failure to do so may result in the artist not performing the appointment or shortening it.

PREPARATION RECOMMENDATIONS: It’s advisable to get a good night’s sleep before your tattoo session. Be in good health, and well-nourished, and abstain from alcohol and drugs.

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.

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.

These terms and conditions are important for ensuring a smooth and safe tattoo experience at Black Dog Tattooing.