This Tattoo Engagement Agreement (this “Agreement”) is made and entered into by and between Factor Studio LLC d/b/a Factor Studio Tattoo (the “Company”) and the undersigned individual (the “Client”).
- Client desires to engage the Company to design and perform certain tattoo work on Client’s person. In exchange for the design work, Client agrees to pay to the Company a non-refundable deposit in the amount of $50 or 10% of estimated total, whichever is greater. Client acknowledges that the deposit is non-refundable as soon as the Company commences work on the design.
- Client and the Company will schedule an in-person appointment to review the design and any related sketches. Client acknowledges that the Company will not transmit the design documents electronically. Client is responsible for reviewing and approving all elements of the design, including spelling, location and direction of text. No modifications will be made to an approved design without an additional design fee. Client acknowledges that the Company will retain ownership of the design and may use the design, as well as photos of the completed tattoo work on Client’s person, for marketing and other purposes. Client will not transmit the design to third parties or allow another tattoo provider to use the design.
- At the design review appointment, if requested, Client and the Company will agree upon the Company’s fee for the tattoo work, which may be a flat fee or hourly fee, depending on the complexity of the design, the location of the tattoo, and the Company’s reasonable estimate of the number of hours of work involved. Client and the Company will then schedule an appointment for the performance of the tattoo work. For flat fee projects, Client agrees to pay the fee in full, in advance of the work being performed, on or prior to the tattoo appointment date. For hourly fee projects, Client agrees to pay a fee advance in an amount determined by the Company, in advance of the work being performed, on or prior to the tattoo appointment date. Following the completion of the work and the determination of the number of hours of work, the fee advance will be reconciled and Client will pay any shortfall or the Company will refund any excess.
- In the event Client desires to cancel or reschedule the appointment for the performance of the tattoo work, Client will provide the Company with not less than 24 hours’ advance notice. Failure to provide such advance notice may result in the Company refusing to perform the tattoo work, in which event the design deposit and any prepaid fees will not be refunded to Client.
- In performing the tattoo work, the Company agrees to comply with all laws, rules, and regulations pertaining to the performance of tattoo work in the Commonwealth of Virginia. The Company will use properly sterilized or disposable equipment. The Company will provide after-care instructions, and Client acknowledges that it is of paramount important to follow such instructions.
- Client must inform the Company if Client: is under the age of 18; is pregnant or nursing; takes any medication that thins the blood; suffers from any medical condition or communicable disease involving blood borne pathogens; suffers from a heart condition; or has any skin conditions or infections.
- The laws of the Commonwealth of Virginia control this Agreement. In the event of any litigation brought to enforce or defend the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party.
- By their signatures below, which may be evidenced by PDF or electronic consent (e.g., affirmative checkbox), Client and the Company hereby agree to the terms and conditions set forth herein.