If you run a beauty salon or operate as a beauty therapist, then the Australian Consumer Law applies.

A set of Terms and Conditions will help address the Australian Consumer Law and protect your business. You should supply these Terms and Conditions to your customers before you provide them with your services.

A professionally drafted set of Terms and Conditions should address the issues listed below.

Being late to appointments

To avoid customers running late to appointments, you can require them to arrive 15 minutes prior to their appointment.

Cancellations

You can set a notice period in your Terms and Conditions. Generally, beauty salons require 24 hours’ notice if a customer wishes to cancel their appointment, and you can charge a cancellation fee if it’s a last minute cancellation.

Prices

Your prices do not have to be set out in your Terms and Conditions. You can have prices in your salon or on your website, plus a statement that your Terms and Conditions apply. Your Terms and Conditions can state that the prices and services that you provide are subject to change without notice to the customers.

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 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.

Limitation of liability

All businesses should have a limitation of liability to protect their business.  For example, your maximum liability is a refund or re-doing the services, or as required under Australian Consumer Law.

You should set out clearly what you will not be liable for, such as the customer changing his or her mind.

Australian Consumer Law

Any business which provides a service must provide mandatory consumer guarantees under the Australian Consumer Law. The Australian Consumer Law requires you to provide a repair or refund policy if there is a fault or failure in one of the services you provide. You need to keep this in mind when determining the repair and refund policy for your business.

Website Terms of Use

If your business has a website, you need Website Terms of Use. These apply to every website visitor, protect your website and limit your liability for your website. The Terms claim your copyright and intellectual property rights, and set out 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 to comply with the Privacy Act.  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.

To conclude

A strong set of 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 good business lawyer when drafting your Terms and Conditions.

Ursula Hogben

Next Steps

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