SkinKandy – Important Terms And Service Waiver

1. Application

1.1 These important terms and service waiver (Waiver) apply to the provision of Services by SkinKandy Australia Pty Ltd (ACN 148 135 639) trading as SkinKandy and/or any of its related parties, subsidiaries or franchisees (we, us, our, SkinKandy) to you.

1.2 By signing the Consent Form or otherwise proceeding to participate in the Services you warrant that you have read, understood and agree to this Waiver (or if you are Minor, your Guardian warrants the same pursuant to clause 11).

1.3 For the purposes of this Waiver:

(a) “Client”, “I” or “you” or “me” means the person engaging us to provide the Services.

(b) “Consent Form” means the consent form you sign (or if you are a Minor, your Guardian signs) before receiving the Services.

(c) “Representatives” means all individuals engaged by or associated with SkinKandy including SkinKandy’s directors, employees, subcontractors and agents.

(d) "Services" means the services provided by SkinKandy to you which may include body piercing services, needle-free piercings, dermal insertion, jewellery downsize services, jewellery change-over services, consultations, free re-pierce, and styling/curation services.

(e) “Site” means the official SkinKandy Website (www.skinkandy.com).

(f) “Studio” means any SkinKandy store where the Services are provided to you.

1.4 Unless otherwise specified, the following rules of interpretation apply in this Waiver:

(a) References to the word including, include or similar words do not imply any limitation and are deemed to have the words without limitation following them.

(b) Any obligation not to do anything includes an obligation not to suffer, permit or cause that thing to be done.

(c) This Waiver is governed by the law of the state or territory in which the Services are performed (where the Services are performed in Australia) or the laws of New Zealand (where the Services are performed in New Zealand).

2. Medical Conditions & Medications

2.1 This clause applies if you have any existing medical conditions or a history of medical conditions including allergies; heart disease; diabetes; haemophilia (bleeding); skin disorder/disease; fainting; seizures; anaphylaxis; any deficiency of the immune system or circulatory system; pregnancy; breastfeeding; recent surgery; or infection, or take any medications including blood thinners; Accutane; antibiotics; or hormone replacement therapy (Pre-Conditions).

2.2 I acknowledge that Pre-Conditions may increase the risk of complications from the Services or render me unsuitable to receive the Services.

2.3 I confirm that if any of the Pre-Conditions apply to me I have advised SkinKandy of this and acknowledge that I am advised to consult with a doctor or medical professional prior to receiving the Services.

2.4 I confirm that where required I have discussed the Pre-Conditions with a doctor or medical professional including the potential risks or concerns I may have regarding the potential risks associated with the Services. I acknowledge that SkinKandy may require written advice from the doctor or medical professional confirming their advice/medical opinion prior to proceeding with Services. Where such written advice is required, I consent to SkinKandy requesting such advice from my doctor or medical professional.

2.5 I am voluntarily choosing to proceed with Services with knowledge of the risks involved, and agree that SkinKandy and its Representatives are not responsible for any decisions I make or any consequences that may arise from the Services.

2.6 I agree that I will disclose all relevant medical information and answer any medical and health related questions truthfully, prior to the receipt of Services. I acknowledge that SkinKandy will rely on these disclosures in providing Services.

2.7 I agree that, to the maximum extent permitted by Law, SkinKandy will not be liable whatsoever where I have failed to advise SkinKandy of any Pre-Conditions prior to engaging the Services.

3. Services

3.1 I understand that Services do not guarantee any specific results, and that results may vary depending on many factors including age; anatomy; skin type; general health; lifestyle; aftercare and environmental factors.

3.2 I understand that the Services involves certain risks including bruising; bleeding; swelling; redness; tenderness; pain; infection; scarring; imbedding of the jewellery; irritation; fainting; shock; nausea; vomiting; nerve damage; abscess; adverse reactions due to underlying medical conditions, medications, or allergic reactions (Risks).

3.3 I acknowledge, fully understand, accept, and assume all the Risks associated with the Services regardless of whether such Risks arise before, during, or after the procedure.

3.4 I warrant that by engaging SkinKandy to provide the Services I am of sound mind and have the capacity to assess whether I am willing to participate in Services that carry the Risks and accept full responsibility for consenting to these activities.

3.5 I understand and acknowledge that all content, including text, graphics, images and information available through the Site or otherwise provided in Studio or by SkinKandy (including piercing care information) are provided for general information purposes only and are not intended or implied to be a substitute for professional medical advice, diagnosis or treatment of any condition (including any Pre-Condition).

4. Appointment

4.1 I understand that I may be asked to present a valid form of identification to the Representatives to verify my age at the time of my appointment for the performance of the Services (Appointment) and that SkinKandy has the right to refuse Services to anyone unable to produce an acceptable form of identification at the time of the Appointment.

4.2 I understand that the Representatives may not provide Services to anyone that they suspect is under the influence of drugs or alcohol or to anyone exhibiting behaviour that is deemed to be abusive, threatening, violent, disruptive or offensive at the time of the Appointment.

4.3 I understand that it is SkinKandy policy for the Representatives to contact emergency services to request professional medical assessment and/or medical intervention if I am significantly injured at the Studio, whether related to the Services, the result of a fainting incident or other unrelated incident. I acknowledge that I have the right to decline assessment or intervention by emergency services once on scene, however I am solely responsible for the payment of any and all costs associated with the provision of services provided by emergency service personnel, including call out and transfer fees.

4.4 I acknowledge damage may occur to non-SkinKandy jewellery during a jewellery change procedure and that SkinKandy and the Representatives will not be responsible for any such damages or loss associated with the same.

5. Trainees

5.1 I acknowledge that some Services may be performed by trainees under the supervision of experienced professionals. Unless I advise SkinKandy otherwise at the time of my Appointment, I consent to Services being performed by trainees.

5.2 While trainees receive training and are supervised to ensure adherence to standards, I understand and accept that trainees may have less experience compared to fully qualified professionals.

6. Aftercare and Healing

6.1 I acknowledge that proper aftercare is essential for the successful healing of body piercings and to minimise the risk of complications following the provision of Services including infection and scarring.

6.2 SkinKandy will provide verbal and written aftercare instructions specific to my body piercing. I understand it is solely my responsibility to read and follow these instructions carefully, and that SkinKandy and its Representatives are not responsible for any issues that arise from improper aftercare, failure to follow instructions, or any Pre-Conditions that may affect the healing process.

6.3 I acknowledge that healing times vary based on the type of piercing and individual healing responses and understand that healing may take several months.

6.4 I understand that returning to SkinKandy for a jewellery downsize with slightly shorter sterile jewellery is an important step in the healing process, and that I have hereby been advised that changing the piercing jewellery myself, prior to full healing, will be detrimental to healing and increase the chance of Risks arising from the Services.

6.5 If I experience signs of infection, excessive pain, or any other complications, I agree to seek medical advice (and that it is my sole responsibility to do so) promptly. I will promptly notify SkinKandy if I believe any such complications relate to the Services.

7. SkinKandy Piercing Guarantee and Free-RePierce Offer

7.1 I acknowledge that SkinKandy does not provide refunds on piercing services.

7.2 I understand that SkinKandy offers a 7-day satisfaction guarantee on Piercing Services, whereby a free re-pierce may be offered to the Client if they are not satisfied with the placement or position of the piercing.

7.3 I understand that the free re-pierce will be provided at a time to be determined by SkinKandy so as to allow for proper healing where required. The free re-pierce can be performed on a different location on the body if requested however must be for the same or lesser value as the original service.

7.4 To be eligible for a free re-pierce under SkinKandy’s Piercing Guarantee, I understand that I must return to SkinKandy or contact the customer support team within 7 days of the date of the piercing service to request a free re-pierce.

8. Collection and Storage of Personal Information

8.1 I acknowledge that SkinKandy will collect personal information about me including my name, gender, photo identification, contact details, health-related and medical details and that SkinKandy will only collect, use, disclose or handle it in accordance with the Privacy Policy available on the Site.

8.2 I understand that if I decline to give SkinKandy any information requested, that may mean SkinKandy is unable to provide some or all Services I have requested.

9. Photographic Release

9.1 I acknowledge that the Representatives may ask for written permission to take my photograph, or photographs of piercings performed on me.

9.2 Unless I advise SkinKandy or the Representatives otherwise at the time of my appointment, I grant unrestricted permission and consent to SkinKandy for the use of photographs that SkinKandy or the Representatives may take of me without limitations, in print publications, online publications, websites, and on social media. I waive any right to royalties or other compensation arising from or related to the use of the photographs taken of me.

10. Liability

10.1 To the maximum extent permitted by law, SkinKandy’s liability to you is limited to instances of loss and damage sustained by you arising directly from the Services and which have been directly caused or contributed to by SkinKandy or the Representatives. SkinKandy will not be liable to you or any third party in any other circumstances, however arising.

10.2 You agree to indemnify, and will keep indemnified, SkinKandy and the Representatives from and against any and all losses, damages, costs, actions, proceedings, claims and demands which SkinKandy incurs, suffers or is subject to (including any legal fees on a solicitor-client basis or amount paid by way of settlement) as a direct or indirect result of any failure by you to comply with your obligations under this Waiver or any wilful or negligent act or omission by you in the course of complying with your obligations under this Waiver.

10.3 Nothing in this Waiver is intended to limit your rights under the Fair Trading Act 1986 or Consumer Guarantees Act 1993 (in New Zealand) or the Competition and Consumer Act 2010 (Cth) (in Australia).

11. Acknowledgement of Understanding

11.1 I acknowledge that I have read and fully understand this Waiver, and that I agree to its contents.

11.2 I further represent and warrant that all information provided by me to SkinKandy in connection with the Services is true and correct, and that I willingly submit to participate in the Services.

12. Minors

12.1 In:
(a) Western Australia: Clients under 18 years of age are deemed to be minors for the purposes of the Services and must have their parent or legal guardian review and agree to this Waiver (and sign the Consent Form) prior to engaging SkinKandy in relation to the Services.

(b) All other Australian states and territories, and in New Zealand: Clients under 16 years of age are deemed to be minors for the purposes of the Services and must have their parent or legal guardian review and agree to this Waiver (and sign the Consent Form) prior to engaging SkinKandy in relation to the Services.

12.2 This clause applies where the Client is a minor (as per clause 12.1) (Minor).

12.3 Where the Client is a Minor, and their parent or legal guardian (Guardian) is accepting this Waiver and signing the Consent Form or otherwise consenting to the Minor engaging SkinKandy to provide the Services, the Guardian:

(a) Warrants that they are the Guardian of the Minor and that the Minor has their consent and is capable of receiving the Services.

(b) Warrants that they have read and understand this Waiver and agree, on behalf of the Minor, to be bound by its terms.

(c) Makes each of the affirmations, warranties and confirmations contained in clauses 1 to 11 of this Waiver on behalf of the Minor.

(d) Understands as a Guardian they may be asked to present a valid form of identification for myself to a Representative as well as evidence to verify their status as Guardian of the Minor.

(e) Accepts full responsibility for compliance with the aftercare instructions provided by SkinKandy.

(f) Acknowledges that SkinKandy cannot be held responsible for providing Services to a Minor where the Minor or a consenting adult makes false claims regarding the age of the Minor or the status as Guardian, and presents any document that falsely claims age or status as Guardian to SkinKandy or the Representatives.

(g) Understands that SkinKandy reserves the right to refuse to perform Services on any Minor at any time and for any reason, regardless of the receiving consent from the Guardian.