Drawing up a contract: legal advice for permanent makeup specialists

Safe permanent makeup

2020-07-20

Does a permanent makeup master need to sign a contract with a client? What form to follow and what content can this document have?

Andriy Evstigneev , lawyer, candidate of legal sciences, associate professor, certified expert of the National Bar Association of Ukraine, director of the RSP International office in Ukraine

In this article, we will try to figure out whether a permanent makeup master needs to sign an agreement with a client, in what form is this possible and what content can this document have?

The relationship between the PM master and the client, in fact, is contractual, and the contract itself refers to contracts for the provision of services and has elements of a contract for the performance of work (since, as a result of its execution, a materialized result remains - permanent make-up of the client).

According to the provisions of h. 1 Article. 206 of the Civil Code of Ukraine (CCU), agreements can be concluded orally that are fully performed by the parties at the time of their execution, with the exception of agreements subject to notarization and (or) state registration, as well as transactions for which failure to comply with the written form entails their invalidity. In our case, the contract for the provision of PM services is not fulfilled by its parties at the time of its execution (conclusion), since it takes a certain time to apply the PM. Therefore, ideally, the contract for the provision of PM services should be in writing.

By virtue of the provisions of Art. 207 of the Civil Code of Ukraine, an agreement is considered to be made in writing if its content is recorded in one or more documents (including electronic ones), in letters, telegrams exchanged between the parties.

Given that the contract for the provision of PM services has the features of a contract for the performance of work, I believe that such an agreement may be subject to the provisions of the Civil Code of Ukraine on the so-called consumer contract.

According to the provisions of Art. 866 of the Civil Code, a consumer contract is considered concluded in the proper form if the contractor has issued a receipt or other document confirming the conclusion of the contract to the customer. At the same time, the absence of this document from the customer does not deprive him of the right to involve witnesses to confirm the fact of the conclusion of the contract or its terms.

Red tape? No, safety!

Regardless of whether the contract is expressed in one document or several, they must contain essential (mandatory for a contract of this type) conditions: parties to the contract, type of service (it is desirable to describe them in detail, indicating possible side effects, deviations, etc., as well as indicating the consent of the client to bear the relevant risks), the cost of services, the duration of the contract; possibly, warranty obligations and conditions of liability for improper provision of PM services and, which is very important to prevent possible claims, confirmation of the client that he is aware of the possible risks of providing services, that he agrees with such risks and that he has no medical contraindications for providing services.

Given the above, the agreement between the salon (master) and the client on the provision of PM services must be drawn up in writing as a single contract document by filling out a special form (for example, receipts for the provision of services, applications for the provision of services, etc.), which contains the signatures of both parties, or by issuing several documents (for example, an application form for the provision of services and a payment document for their payment, by which it is possible to identify the person who provided the service).

I believe that I am interested in concluding a contract in any possible form as a conscientious professional salon or master (after all, in this way he can prove the fact that the client ordered the service and the client’s consent to a certain result, and also protect himself in case of client claims if the desired result or side effects are not obtained ), and the client (who, in case of violation of the terms of the contract by the salon or the master, will be able to make appropriate claims based on the contract).