Reading time: 7 minutes

If you run a beauty salon or operate as a beauty therapist, then the Australian Consumer Law applies to your business. Depending on the type of service provided by you, specific health legislation may also apply. A set of beauty therapist terms and conditions will:

  • help protect your business;
  • address the Australian Consumer Law; and
  • help prevent misunderstandings with customers.

You should supply these terms and conditions to your customers before you provide them with your services. This article will outline some items which your beauty therapist terms and conditions should address.

Cancellations

Your terms and conditions should set a notice period and a cancellation fee for customer cancellations. This way, if a customer wishes to cancel their appointment outside of the notice period, you can charge a valid cancellation fee.

A standard notice period is generally 24 hours’ notice. A valid cancellation fee must genuinely reflect the loss you have suffered from the cancellation so it should not be excessive or penalise the customer.

Being Late to Appointments

To avoid customers running late to appointments, you can include a term which requires them to arrive 15 minutes prior to their appointment.

Prices

Your prices do not have to be set out in your beauty therapist terms and conditions. While you can have prices in your salon or on your website, those prices should be clearly accompanied by a statement that your terms and conditions apply. You should also link these terms and conditions on your website or refer the customer to them in-store on any pamphlets.

Your terms and conditions should set out the payment terms for your services and state that the prices and services are subject to change without notice to the customers.

Customer Medical Issues

You should state in your terms and conditions that customers need to inform you if they:

  • are pregnant;

  • have skin conditions or allergies; or

  • if they are receiving medical care from a doctor or health practitioner.

This clause should tell customers that if they are in doubt about their medical circumstances, they should seek medical advice prior to using your services. This can help you avoid liability for medical issues which were not made known to you by the customer.

Your terms and conditions can state that whilst you will take all due care in performing the services, you are not liable for any side effects which occur as a result of the customer’s own negligence.

Health Legislation

Be aware that some beauty procedures and treatments involving prescription-only medications will require suitably qualified professionals and clean environments. If you provide services such as dermal fillers or botox, your terms and conditions should contain:

  • an assurance to your customers that the services will be provided by suitably qualified professionals; and

  • a requirement that customers seek the advice of a doctor or health professional prior to undertaking the services.

You may wish to speak with a legal professional to get a better understanding of what services fall under health legislation.

Australian Consumer Law

Consumer Guarantees

Any business which provides a service must provide mandatory consumer guarantees under the Australian Consumer Law. These guarantees include providing services:

  • with due care and skill;

  • which are fit for purpose; and

  • within a reasonable time.

Your terms and conditions should acknowledge these guarantees.

Failure To Meet the Consumer Guarantees

The Australian Consumer Law requires you to provide a repair or refund if there is a fault or failure in one of the services you provide. The type of failure and any prior statements made by you will generally dictate how you will be expected to fix any problems. This is why it is important to have a repair and refund policy which aligns with the Australian Consumer Law.

Your terms and conditions should refer customers to your return and refund policy. If you do not have one, you may wish to speak to us about drafting a repair and refund policy.

Limitation of Liability

All businesses should have a limitation of liability to protect their business. As the Australian Consumer Law requires you to refund, repair or to re-do the services, your maximum liability should be limited to what is required under Australian Consumer Law.

You should also set out clearly what you will and will not be liable for, such as:

  • the customer changing his or her mind;

  • the customer having a reaction because they did not disclose their medical issues; or

  • any loss which is in excess of the price paid for the services.

Website Terms of Use

If your business has a website, you may also need website terms of use. These apply to every website visitor, protect your website and limit your liability for your website. The terms of use set out your copyright and intellectual property rights as well as permissible and prohibited uses of your website, including that competitors cannot use your website information.

Privacy Policy

If you collect, use and disclose personal information from customers, including using the information for direct marketing, you need a privacy policy, to assist you in complying with the Privacy Act. This is particularly important if you are obtaining medical information from customers.

The privacy policy is between you and each person that you collect personal information from. It sets out what personal information your business collects, how this information is used, and under what circumstances the information will be disclosed to third parties.

Your terms and conditions should refer to your privacy policy and include a provision that by signing these terms and conditions, your customers have read, understood and agreed to the terms of your privacy policy.

Complaints Procedure

Your terms and conditions should set out the procedure to be followed should the customer have a complaint in relation to the services provided by you. We would recommend that you provide:

  • contract details of your business for complaints or feedback;

  • internal complaints handling procedure; and

  • a reference or link to the relevant state or territory consumer protection body, such as the Fair Trading website for NSW or the Consumer Affairs Victoria website.

Key Takeaways

A strong set of beauty therapist terms and conditions will protect and strengthen your business if you are running a beauty salon or operating as a beauty therapist who contracts directly with clients. To ensure that your business is well-protected, you should seek assistance from a business lawyer when drafting your terms and conditions. Contact LegalVision’s contract lawyers on 1300 544 755 or fill out the form on this page.

What is the Australian Consumer Law?

The Australian consumer law is legislation which outlines guarantees you must provide to consumers. These guarantees include providing services with due care and skill, that are fit for purpose, and within a reasonable time. Your terms and conditions should acknowledge these guarantees.

What are terms and conditions?

Terms and conditions is a legal document that you can provide to your customers. A set of terms and conditions will help protect your business, address the Australian Consumer Law and help prevent misunderstandings with customers.

Do I need website terms of use?

If your business has a website, you may also need website terms of use. These apply to every website visitor, protect your website and limit your liability for your website.

Webinars

Raising Capital: Getting Investment Ready

Tuesday 6 April | 12:00 - 12:45pm

Online
Are you a founder or business owner looking to raise capital? Attend this webinar to learn the strategies to prepare your business for investment.
Register Now

The COVID-19 Vaccine Rollout: Considerations for Employers

Thursday 22 April | 11:00 - 11:45am

Online
Are you a business owner or employer? Attend this webinar to learn about what you need to know about the COVID-19 vaccine rollout.
Register Now

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience.

The majority of our clients are LVConnect members. By becoming a member, you can stay ahead of legal issues while staying on top of costs. From just $119 per week, get all your contracts sorted, trade marks registered and questions answered by experienced business lawyers.

Learn more about LVConnect

Need Legal Help? Get a Free Fixed-Fee Quote

If you would like to receive a free fixed-fee quote or get in touch with our team, fill out the form below.

  • 2020 Excellence in Technology & Innovation – Finalist – Australasian Law Awards 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice – Winner – Australasian Lawyer 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Fastest Growing Law Firm - Financial Times APAC 500 2020 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review 2020 AFR Fast 100 List - Australian Financial Review
  • 2020 Law Firm of the Year Finalist - Australasian Law Awards 2020 Law Firm of the Year Finalist - Australasian Law Awards
  • Most Innovative Law Firm - 2019 Australasian Lawyer 2019 Most Innovative Firm - Australasian Lawyer