waivers.tattoo Terms of Service
These waivers.tattoo Terms of Service (the “Terms”) are an agreement between Tattoo Waivers LLC, a Texas company (“we,” “us” or “our”), which operates waivers.tattoo, and the shop that signs up for it (“you” or “your”). They govern your use of waivers.tattoo (the “Service”).
In these Terms, a “Client” is a client of yours who signs your waiver form through the Service. A Client’s “Record” is everything the Client gives on your waiver form, together with the waiver the Client signs. The “Signed Copy” of a waiver is the PDF file of the waiver as the Client signed it.
You accept these Terms when you sign up for the Service. Questions about these Terms may be sent to hello@waivers.tattoo.
1. The Service
(a) The Service provides you with a waiver form that your Clients sign on their own phones at your shop’s own web address, the Signed Copy of each waiver, emailed to you and stored for you, and a client list built from those signatures.
(b) Your first 10 waivers are free, with no payment card required and no time limit. After 10 waivers have been signed, we may pause your waiver form until you activate a subscription as described in Section 4.
(c) We operate and maintain the Service, keep reasonable safeguards in place for each Record and continue to develop the Service, guided by what shops ask for.
(d) Google Maps. The Service includes Google Maps features and content, among them the search with which a shop finds itself when it signs up and the address suggestions on the waiver form. Use of Google Maps features and content is subject to the then-current versions of the Google Maps End User Additional Terms of Service and the Google Privacy Policy.
2. Your Account
(a) By signing up, you represent that you are at least 18 years old and that you are authorized to sign your shop up for the Service.
(b) You are responsible for what happens under your account, including who at your shop uses it, the logo and settings you choose, and keeping your sign-in confidential.
(c) You will tell us without delay if you believe that someone else has your sign-in.
3. Records and Compliance
(a) Compliance. Your waiver form captures the fields that the strictest states ask for and carries a standard consent text. You are responsible for ensuring that your waiver form, its wording and how long you keep client records meet the rules where your shop operates. Your health department has the final word on those rules; we do not. Our compliance page summarizes regulations to help you; it is not legal advice.
(b) Identification and age. Your waiver form takes a photograph of each Client’s identification for your file, taken with the Client’s phone camera when the Client signs or chosen from the Client’s saved photographs where you allow it. The Service does not check that an identification is genuine or that a Client is old enough. You are responsible for checking each Client’s identification and age in the way your state requires, and for deciding whom you tattoo or pierce. The settings you choose, such as allowing a minor to sign with a parent or allowing a Client to use a saved photograph, are yours to choose under your state’s rules.
(c) Ownership. Your Clients’ Records are yours. We process them on your behalf, as our privacy page describes. You are responsible for telling your Clients what you collect and why; the consent text on your waiver form does that in the standard case.
(d) Keeping in touch. Your client list is yours to use to keep in touch with your Clients, within the rules that apply to doing so: your waiver form collects each Client’s consent to hear from you, and an opt-out is honored. A text message sent through the Service goes only to a Client who ticked yes on your waiver form, carries your shop’s name and stops when the Client replies STOP. Mobile numbers and text-message consent are never shared with third parties or affiliates for marketing or promotional purposes. Neither you nor we may use a Client’s health answers or identification photograph as marketing data.
(e) Export and deletion. You may export every Signed Copy and your client list at any time while your account is open. If you close your account while a subscription is running, your account stays open for 90 days after the period you paid for ends, so that you can export everything. Where your state’s rule sets a shorter period for client records, we follow it. Oklahoma’s rule provides that client records are “Destroyed by shredding or other appropriate destruction methods after three (3) years” (Okla. Admin. Code 310:233-3-8(5)(D)), so the Records of an Oklahoma shop older than 3 years are removed on that schedule, and the Client’s name and the date remain on your client list. When your account closes, we delete what we hold. You are responsible for keeping your own copy for as long as your state requires. The Signed Copy we email to you at every signature is that copy.
4. Fees and Billing
(a) Fees. The Service costs $50 a year per shop, or $5 a month, as shown on our pricing page. The price includes unlimited waivers, unlimited artists, the client list and exports, with no per-waiver fees.
(b) Billing. Card payments are processed by Stripe. You are billed in advance, yearly or monthly.
(c) Cancellation. You may cancel at any time. A cancellation takes effect at the end of the period you paid for, and we do not refund partial periods.
(d) Price changes. If the price changes for existing customers, we will tell you by email before your subscription renews at the new price.
(e) HIPAA mode. For a shop that bills a health plan for its work, HIPAA mode costs $10 a year in addition to the price in Section 4(a), $60 a year in total, or $1 a month in addition, $6 a month in total. It is offered under our standard business associate agreement, which your shop’s owner reads in full and accepts on the plan’s own page in your dashboard before paying. Once accepted, that agreement is part of these Terms, and where the two conflict about protected health information, the agreement controls. In HIPAA mode, the Signed Copy of a waiver is not emailed to you: it opens in your dashboard, and your export is your copy.
5. Restrictions on Use
You will not (a) use the Service for anything other than consent records for your own shop; (b) collect information from a Client that you have no legitimate reason to collect; (c) attempt to break into, overload or copy the Service; or (d) put another shop on your account, or run the Service for shops that are not yours, without their permission and ours.
6. Warranties and Liability
(a) Availability. We operate the Service so that a Client can sign at any hour and each Record is saved before the Client leaves your waiver form. We do not promise that the Service will always be available. If the Service is unavailable while a Client is at your shop, you may use a paper form for that Client, and we will help you enter it into the Service afterward.
(b) Disclaimer of warranties. The Service is provided “as is” and “as available.” We do not warrant that the Service meets every regulation or suits every shop; that judgment is yours and your health department’s.
(c) HIPAA. Outside HIPAA mode, the Service is not offered as a HIPAA service. Unless your shop has accepted our business associate agreement, we do not act as a business associate under the Health Insurance Portability and Accountability Act (HIPAA), and the Service is not set up for protected health information, such as that of a shop that bills a health plan for its work.
(d) Limitation of liability. To the fullest extent the law allows, our total liability arising out of or relating to these Terms or the Service is limited to the amounts you paid us in the 12 months before the event that gave rise to the claim, and we are not liable for indirect or consequential damages.
(e) Indemnification. You will defend and indemnify us against any claim brought against us by a Client, a regulator or any other third party because of how you used the Service or what you put in it, including whom you served and how you checked their identification.
7. Termination
(a) You may cancel from your account or by emailing us.
(b) We may terminate an account that breaches these Terms. Before we do, we will give you notice and time to export your Records, unless the breach makes that unsafe.
(c) If we discontinue the Service, we will tell you before we do and make your full export available to you before we delete anything.
8. General
(a) Governing law. These Terms are governed by the laws of the State of Texas, without regard to its rules on conflicts of law.
(b) Disputes. We ask that you contact us before bringing an action, so that we may try to resolve the matter. Any action arising out of or relating to these Terms or the Service must be brought in the state or federal courts located in Travis County, Texas.
(c) Changes to these Terms. We may change these Terms at any time. We post each change on this page, and the date at the top of the page is the date of the latest change. Where a change is material, we may also mention it in an email we send to account holders. Your use of the Service after a change is posted is your acceptance of it.
(d) Severability. If a provision of these Terms is held to be unenforceable, the remaining provisions remain in effect.
(e) Headings. The headings in these Terms are for convenience only and do not affect their meaning.