General Terms and Conditions for the Tattoo Studio Dirty Smash by Nele Reinsch and Paul Lüpke GbR

All orders and business relationships between the studio of Dirty Smash by Nele Reinsch and Paul Lüpke GbR (hereinafter referred to as “Studio”) or the tattoo artist/piercer of the studio (hereinafter referred to as “Artist”) and the customer are subject to the following terms and conditions.

Most of the artists are self-employed and work on their own account and responsibility. They have rented a workspace in the studio. As part of the space rental agreement, they have given their consent that the studio’s general terms and conditions also apply to their work during the guest spot in the studio. If there are deviating agreements with an artist in this regard, the artist shall expressly point this out to the customer before a business transaction is concluded.

(1) The customer can arrange one or more appointments with the Artist for a work (tattoo/piercing). When an appointment is made, an appointment deposit is due, the amount of which is determined by the Artist depending on the duration of the appointment, among other things. The appointment deposit will be settled upon completion of the work, i.e. with the payment of the last appointment.

(2) Payment of the term deposit is only possible if

a. the customer has canceled all his outstanding appointments with the studio or artist at least 5 working days before the next due date.

b. the next due date is canceled at a later date due to circumstances for which the customer is demonstrably not responsible.

c. the artist cancels the appointment for reasons for which the customer is not responsible.

(3) Appointments can be rescheduled up to 5 working days before the appointment in person or by telephone. In this case, the customer is entitled to an alternative appointment, but without the right to preferential treatment when making the new appointment.
(4) The appointment deposit shall be forfeited, i.e. retained by the Artist without consideration, if the customer does not show up for an agreed appointment without canceling it at least 5 working days in advance by telephone, in person or by e-mail (see the Artist’s e-mail address on the appointment agreement). In this case, the entitlement to an alternative appointment and any follow-up appointments already agreed shall also lapse. This also applies in particular to follow-up appointments for which no deposit has been paid. In the event of a no-show or late cancellation, the entitlement to a further, free follow-up appointment shall lapse in this case.

(5) For a pure consultation (without subsequent tattoo appointments) we charge 60,- € per hour.

(1) Depending on the work (tattoo/piercing), the studio offers either fixed prices or prices according to time and effort (per hour/session).

(2) Fixed prices are binding for both the customer and the artist. In the case of prices on a time and material basis, either payment is made per session or the actual tattooing time is calculated on the basis of the agreed hourly/session price.

(3) If this has not been agreed, the creation of the template and the stencil will not be charged. In the case of prices on a time and material basis, however, the time required to apply the impression to the skin is included in the chargeable working time.

(4) If the customer wishes to make changes to the agreed work and a fixed price has been agreed, the Artist is free to set a new price for this. The customer is free to accept this price or to withdraw from the appointment agreement. In this case, a repayment of the appointment deposit is only possible if this is done at least 2 working days before the agreed appointment (see § 2 Appointment agreements and appointment deposits).

(1) The customer shall ensure that he/she appears at the agreed appointment in a condition that makes the procedure acceptable to the artist. This includes in particular

a. No intake of alcohol or narcotics at least 24 hours before the appointment.

b. No intake of anticoagulants or other medications that preclude or significantly impede the performance of the work.

c. No application of surface anesthetics unless agreed with the Artist

was agreed.

d. The customer does not suffer from any illnesses that preclude or significantly impede the performance of the work (in particular infectious diseases)

e. He is also not aware of any allergies to the ingredients of tattoo inks, piercing jewelry or other tattoo or piercing products.

f. The customer appears in a hygienic condition that is reasonable for the artist.

g. For tattoos: Pregnant women, mothers 6-12 months after giving birth (please discuss this with the tattoo artist), customers under the influence of alcohol or drugs will not be tattooed

(2) The customer is obliged to inform the artist of any allergies, medication or illnesses (e.g. HIV, hepatitis, epilepsy, diabetes, etc.) prior to an appointment.

(3) At the beginning of a tattoo, a stencil is usually applied to the skin by the artist. The customer shall carefully inspect both the positioning and the content of the stencil and check for any errors (especially in the case of lettering and numbers). The customer informs the artist of any change requests or errors before the tattooing begins.

At the beginning of a piercing, the artist draws the exact positioning on the customer’s body. The customer inspects this and informs the artist of any change requests before the procedure. With the start of the work, the customer agrees to the positioning and content of the work.

(4) The customer shall follow the Artist’s instructions before and during the procedure. Only then can the artist ensure that the procedure is carried out safely.

(5) The customer agrees to the procedure before the appointment and provides a written declaration of consent.

(6) If a customer does not fulfill his obligations as described above before or during an appointment, this shall be deemed a cancellation of the appointment by the customer for which he is responsible.

(7) The Artist shall grant the customer an unlimited, perpetual and irrevocable right to use the work performed.

(8) However, the customer shall not be entitled to the provision of any design that may have been produced. If the customer wishes to acquire this in individual cases, a separate agreement is required. However, it is up to the Artist whether he agrees to this agreement.

(9) In the case of templates that are tattooed at the customer’s request, the customer shall indemnify the tattoo artist against all legal claims by third parties for the rights of use to the template.

(1) The customer will be informed in writing about the procedure and the associated risks prior to the appointment.

(2) The Studio and the Artist may refuse to carry out a work. This occurs in particular under the following circumstances:

a. A tattoo motif is the work of another tattoo artist that is to be copied 1 to 1.

b. The size of the template or motif in particular does not allow for good work over the long term (blurring of the contours and the addition of empty spaces).

c. The content of the work is in significant contradiction to the inner convictions of the studio owner or artist.

(3) The copyright and exploitation rights of a tattoo design always remain with the artist.

(4) We would like to point out that, in accordance with § 642 BGB, the Studio or the Artist has the right to demand appropriate compensation (the agreed remuneration for the appointment, see § 3) in the event of non-appearance at an agreed appointment without timely cancellation (see § 2 Para. 4). In such a case, the Studio or the Artist shall also have the right to cancel all further appointments of the customer in accordance with § 643 BGB.

(5) If the customer consents to the Artist or the Studio photographing a finished work, both the Artist and the Studio shall have the unrestricted and free right to use, reproduce and publish it. If the customer does not wish to be personally named (e.g. by linking to social media platforms), he/she shall inform the Artist or Studio of this when the photo is taken. At the customer’s request, the work can also be photographed in such a way that the customer’s face is not shown or is made unrecognizable.

(1) In principle, the customer has the right to request a free re-engraving up to 8 months after completion of a tattoo (end of the last appointment) if color loss has occurred in the tattoo in the course of healing.

(2) However, if the cause of the loss of color is due to improper care of the tattoo, follow-up appointments may be subject to a charge.

(1) Every customer can buy gift vouchers for any amount, either on site at the studio or via the online store.

(2) Vouchers are transferable.

(3) Vouchers are valid for 3 years after the end of the year of issue in accordance with applicable law.

(4) Vouchers shall not be paid out, not even in installments. This shall not apply if the work is refused for the reasons stated in § 5 (2).

(1) No liability is assumed for complications during wound healing and any resulting consequences (wound infections, scarring, damage to the tattoo, etc.) due to errors or negligence on the part of the customer. The customer is requested to adhere to the care instructions provided and to contact us immediately in the event of an unexpected healing process or – in the event of significant problems – to consult a dermatologist.

(2) We would like to point out that even with the utmost care, soiling or damage to clothing and footwear due to paint, disinfectants and other materials can occur during a procedure. We therefore strongly recommend that you wear old and/or dark clothing or shoes to your appointment in order to avoid damage.

Neither the Studio nor the Artist shall be liable for soiling or damage to clothing and footwear caused by paint, disinfectants and other materials, unless the soiling or damage was caused by gross negligence or intent on the part of the Artist.

(1) The provisions of the German Civil Code (BGB) as amended from time to time shall also apply insofar as they do not conflict with these Terms and Conditions.

(2) The place of jurisdiction is Cottbus.

(3) If a provision of these GTC or of the contract between the Studio or Artist and the customer is or becomes invalid, these GTC and the rest of the contract shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.