General Terms and Conditions, as of March 2021. 1. These terms and conditions apply to all tattoos performed at the "New Culture Ink" tattoo studio located at Friedrichstraße 39, 15537 Erkner, regardless of the individual tattoo artist. 2. All contractual obligations relating to the creation of a tattoo, in the case of self-employed individuals working at the studio, always and exclusively arise between the commissioned tattoo artist personally and the customer. 3. Children and adolescents will not be tattooed. Individuals under guardianship will be tattooed in individual cases at the tattoo artist's discretion, provided that at least one person with documented legal guardianship is present when the appointment is made, their consent to the tattooing is given in writing, and the consent of any other absent guardians is also given in writing. 4. The contract for the creation of the tattoo (and thus the preliminary design drawing) is generally concluded when we send the customer a proposed appointment date after they have requested one (offer), and the customer subsequently confirms the appointment (acceptance). 5. The creation of a tattoo design drawing is charged at a flat rate of €50, regardless of the cost of the actual tattoo. This fee is due before the design is completed.
If the design is to be incorporated into a tattoo, this can be adjusted at the discretion of the tattoo artist during the first tattoo appointment.
Should the customer terminate the contract after receiving the design drawing, he is not entitled to have it – even in part – transferred into a tattoo by a third party or to reproduce it in any other way – regardless of the medium – or to have it reproduced.
6. If, after conclusion of the contract, the customer requests minor changes, such as correcting spelling errors in lettering or making small changes to color or design, this does not affect the validity or content of the contract. Requests for significant changes to the design (such as a completely different design or the body part to be tattooed) are considered a termination of the contract combined with an offer to conclude a new contractual agreement, the acceptance of which is at our sole discretion. If we accept, the redesign will be charged at a flat fee of €50, in accordance with the provisions of clause 5 of these terms and conditions. The latter also applies if the customer expresses change requests only during a tattoo appointment or so late that they can no longer be implemented before the appointment.
7. Prices that are not fixed prices can, by their very nature, only be estimates. The time required for a tattoo depends on many factors that we cannot predict (e.g., the client's pain tolerance or skin condition), making a binding prediction of the tattooing time impossible. 8. If a daytime appointment is scheduled, the appointment will last at least 3 hours. The client is obligated to pay for this entire time even if they terminate the session before the end of this period. 9. Vouchers issued by us are freely transferable. They are subject to the statutory limitation period. Even with vouchers, we reserve the right to refuse to perform the tattoo in justified cases if the conditions of clause 12 are not met or if we cannot tattoo the desired design. In the latter case, we will endeavor to find a design that New Culture Ink has no objections to. 10. Upon signing the contract for a tattoo, the client makes a deposit. The deposit serves to secure the agreed-upon tattoo appointment. The deposit is only refundable to the customer if either the agreed appointment is cancelled due to circumstances demonstrably beyond the customer's control, or the tattoo artist cancels the appointment for reasons within their control. Refunds are generally only issued in the form of a freely transferable voucher. This does not apply if such a form of refund is unreasonable for the customer in a specific case – particularly due to the nature of the reason for cancellation. A refund of the deposit is excluded once the tattooing process has begun or a design sketch has been created. If the deposit is credited towards the total price of the tattoo, and payment is made in installments, the deposit will be credited towards the fee for the final appointment. In the event of a cancellation by the customer due to circumstances beyond their control, they are entitled to reschedule. If a rescheduled appointment is agreed upon, the customer is not entitled to a refund of the deposit. If the appointment is cancelled due to circumstances attributable to the client, the scheduling of a replacement appointment is at the tattoo artist's discretion. There is no right to preferential treatment in the allocation of a replacement appointment. In cases of cancellation by the tattoo artist, a replacement appointment will be scheduled at the earliest possible opportunity.
An appointment is only binding if it is confirmed by us in writing. 11. Payment of the fee is due in cash immediately after each appointment. 12. The execution of each appointment is subject to the condition that the client is not in a state that would prevent the tattooing from being performed. This includes, in particular:
- Alcohol or drug intoxication
- The use of anticoagulants or other medications that preclude or significantly complicate the tattooing process. This applies in particular to substances that raise blood pressure, such as caffeine.
- the unauthorized application of topical anesthetics;
- Diseases that preclude or significantly complicate the performance of a tattoo;
- a known allergy to ingredients in tattoo inks or other tattooing agents;
- an unacceptable hygienic condition of the customer for the tattoo artist;
- a state of mind or maturity that precludes effective consent to bodily harm;
- Pregnancy or breastfeeding of a customer.
The same applies if the customer behaves in a way that makes the successful execution of the treatment appear uncertain.
The client must submit a written declaration of consent before each appointment. If the client fails to do so, is legally unable to do so, or if any other reason stipulated in this contract exists relating to the client's person or conduct that prevents the appointment from taking place, this will be considered a cancellation by the client due to circumstances for which they are responsible. We cannot accept liability for adverse consequences arising from the provision of incorrect or incomplete information. 13. If the desired tattoo is a cover-up, no guarantee is given that complete coverage of the existing tattoo will be achieved. It is also expressly pointed out that interactions between the existing and the newly applied tattoo ink can lead to aesthetically undesirable results, unforeseen skin reactions, and scarring. We cannot accept liability for the consequences of such interactions between the existing tattoo and the cover-up tattoo. 14. If the skin area to be tattooed has undergone laser treatment prior to the tattooing process, this may negatively affect the quality and longevity of the tattoo. The same applies to areas of skin that are already scarred. No liability can be accepted for undesirable visual effects, color variations, scarring, color gradients, impaired wound healing, and/or other undesirable consequences of tattooing laser-treated or otherwise scarred skin.
15. No liability is assumed for the orthographic accuracy of a tattoo – regardless of the language. The same applies to dates, etc., in foreign formats. The customer is expressly advised to ensure, before the actual tattooing process, that the desired lettering has the desired spelling and correct grammar.
16. We cannot accept liability for complications beyond our control (e.g., pigment migration – so-called blowouts – due to a predisposed skin condition, allergic or non-allergic foreign body reactions, phototoxic reactions to tattoo ink, etc.). The same applies to tattoo defects resulting from failure to comply with clause 12 of these terms and conditions. 17. We also accept no liability for complications during wound healing and any resulting consequences (wound infections, scarring, damage to the tattoo, etc.) due to aftercare errors or negligence on the part of the client. The client is urged to adhere to the aftercare instructions provided and to contact us immediately in the event of an unexpected healing process or – in the case of significant problems or complications outside of our business hours – to consult a qualified physician. 18. Should color loss occur during the healing process of a tattoo, the client may only request a free touch-up if this loss is not due to improper aftercare following the appointment, failure to comply with clause 12 of these terms and conditions, or adverse environmental influences (UV exposure). In all other cases, touch-up appointments are subject to a fee. If the client does not notify us within 3 months of the tattoo's completion that color loss has occurred through no fault of their own, it will be presumed that such loss was caused by the client or by environmental factors. The provisions of clause 10 regarding appointment cancellation and clause 12 apply accordingly to the scheduling and execution of touch-up appointments. 19. We cannot and will not verify whether a drawing or photograph provided to us by a client is free from third-party rights. The customer assures New Culture Ink that they possess the rights to such templates and indemnifies us against all third-party claims arising from any infringement of rights. 20. The customer grants the tattoo artist a free, unrestricted right to use, reproduce, and publish all photographs taken of the completed work, without any limitations in terms of content, location, or time. 21. We are not liable for the loss or destruction of personal belongings brought into the tattoo studio by the customer. Please note that clothing and footwear will not be replaced if soiled or damaged by ink, disinfectant, or other materials, unless the soiling or damage was caused by gross negligence or willful misconduct.
22. We reserve the right to publish a photo of the completed tattoo in print or social media. If you do not wish this, please indicate so explicitly in the consent form you are to complete.
23. The provisions of the German Civil Code (BGB) in its currently valid version shall apply in addition, insofar as they do not conflict with these terms and conditions.
