Terms and Conditions
LTCArt LIMITED (leigh_tattoos/ Leighstca/ LTCA, LTCArt) Terms and Conditions
By arranging an Appointment or/and paying a Deposit with the Artist or Studio in respect of the Services you agree and shall be bound by the terms of this document.
These Terms are made on the date set out in the Schedule BETWEEN the Artist, the Studio (where applicable) AND the Client as more specifically described in the Services, Appointment and Consultation whereas:
A. The Client has requested the Artist carry out the Services for the Fees at the Studio.
B. The Artist has agreed to carry out the Services subject to the customer entering into this agreement, paying the Fees and upon compliance with the other conditions set out herein.
‘Appointment’ shall mean such date and time as is agreed for the Artist to deliver the Services
‘Artist’ shall mean Leigh Dauncey T/A Leighs Tattoo & Commissioned Artwork (otherwise known as LTCArt, Leighstca, LTCA, LTCART LIMITED) AND currently of Aurora Tattoo Studio, Sultan of Lancaster, The Old Church, Brock St, Lancaster LA1 1UU
‘Client’ shall mean you, the individual receiving the Services
‘Consultation’ the action or process of formally consulting or discussing the required Design and Service through written or verbal communications in regard to the Appointment
‘Deposit’ shall mean such non-refundable amount of the Fees as per the Fee Scale to secure the Appointment
‘Design’ shall mean the image, pattern or other form of artwork that shall form part of the Services
‘Fees’ shall mean the agreed cost of providing the Services, and where such cost has not been otherwise agreed, it shall be determined in accordance with the Fee Scale.
‘Fee Scale’ shall mean the scale of fees more specifically described at Schedule 2 – ‘Booking Info’.
‘Services’ shall mean the tattooing services as agreed between the Artist and the Client and set out more specifically in the consultation, written and verbal conversation through contact method when enquiring, booking and agreeing to the appointment.
‘Studio’ shall mean any premises from which the Artist shall deliver the Services that is licensed and registered under the Local Government (Miscellaneous Provisions) Act 1982.
The Parties therefore agree as follows :-
2. The Services
• The Artist shall provide the Services to the Client in accordance with these Terms and Conditions.
• The Artist shall perform such Services with reasonable skill and expertise pursuant to the Consumer Rights Act 2015.
• In signing these Terms and Conditions, the Client confirms and acknowledges that the Design is to the Client’s satisfaction and the Client is also satisfied that the Design has been created with the above requisite skill and expertise that would be expected of any similar Artist who has been asked to tattoo the Design as a part of the Services.
• Where the Client takes the view that any part of the Services falls short of the above requirements, then the Client is obliged to notify the Artist immediately, allow the Artist to inspect said element and carry out such remedial services as may be agreed between the parties.
• Where the Client fails to notify the Artist, or allow such remedial works to take place, the Client shall not be entitled to any other remedy as against the Artist.
• Whilst the Artist will provide detailed guidance as to preparation ahead of receiving the Services, and aftercare for afterwards, the healing process is an individual one that will vary from Client to Client. If, for whatever reason, the guidance set out within the literature provided does not or is not working for the Client/you, you must contact the Artist.
• If you are concerned about the healing process or which products you may or may not use, it is always recommended that you seek medical advice before engaging the Artist.
3. Client Warranties
The Client warrants and represents that I have read, completed and signed the Consent Form contained at Schedule 3. I understand that the Services are carried out at my own risk;
4. Booking and Scheduling
• Fees are adjustable, at this Artists sole discretion in the event of early completion of the Services, or where additional time is required.
• All Fees quoted will expire within 1 week of issuance save where a Deposit has been paid and an Appointment booked. The Artist is under no obligation to deliver the Services for the quoted fee in any other circumstance.
• Deposits shall be applied as against the Fees or Fee scale and, where the Appointment is cancelled within 5 working days of the Appointment, the Deposit is non-refundable. Where more than 5 days’ notice has been provided, the Client may (at the Artists absolute discretion) transfer the Deposit, without deduction, to another alternative Appointment. Where more than 5 days’ notice has been provided to cancel the appointment and after the cooling off period, A cancelation Fee detailed in the Fee Scale will apply. This clause shall apply irrespective of the reasons for the cancellation, including any period of isolation or similar as a result of the Covid19 pandemic.
• Where the Client instructs the Artist to materially amend the agreed design/size which results in a change to the anticipated delivery time of the Services or the Client instructs the Artist to cease delivery of the Services, for whatever reason, part way through the Appointment, the Fees detailed in the Fee Scale will apply.
3. Data Protection
4. Personal information and Submissions
• Any material you send to us on or via the LTCArt website, social media or in studio will be deemed to be non- confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas, photos or other information. We will be entitled to use such material for any purpose without compensation to you.
• You may interact with us anonymously where this is lawful and practicable.
• We may collect non-personal information from you such as browser type, operating system, and web pages visited to help us manage our web site.
• Where any Design is shared with the Client by the Artist or any other representative of the Artist or the Studio, the Client does not own such Design, until such time as the Payment of commission artwork service have been provided.
5. Limitation of liability
• Except for any legal responsibility that we cannot exclude in law, we are not legally responsible for:-
• 1. Losses that were not foreseeable to you or us at the time these Terms were agreed;
• 2. Losses that were not caused by any breach on our part; and
• 3. Any other losses.
• Both the Artist and the Studio excludes complete liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused arising out of or in connection with the Services and any website/social media content.
• In any event, the total liability of the Artist and/or the Studio shall not exceed, and shall be absolutely limited to the Fees.
• In the event of any action being commenced by the Client against the Artist or the Studio, by signing these terms the Client/you agree to indemnify, and keep indemnified on demand, and hold the Artist harmless from and against all losses suffered or incurred by the Artist or the Studio arising out of or in connection with any claim in breach of this provision or above the limitation of liability set out above.
6. Cancellation Rights
• Where the Client enters into a Contract with the Artist as a consumer, the Client may withdraw that offer at any time. Where the Client has already entered into the Contract it may be cancelled (on clear notice to the Artist) at any time within 14 days (without reason for the cancellation) provided the Services have not been provided. At that point, the cancellation right is lost.
• If the Services have not been fully performed at the point of cancellation, the Client must pay Fees in accordance with the Fee Scale.
7. Intellectual property
• Any materials displayed on any website of the Artist or the Studio, including Social Media sites, are the property of the Artist, the Studio or other third parties and are protected by copyright, trade mark and other intellectual property laws. Any such content may be displayed and printed solely for your personal, non-commercial use within your organisation only provided that any copyright notice on such a display or page is not removed.
• You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of the Artist/Studio.
Save for the above, and unless expressly granted, the Artist and the Studio do not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Artist and the Studio website, social media or in the user interface of the Artist and Studio website.
These Terms are subject to English Law and both the Client and the Artist irrevocably agreed to submit to the exclusive jurisdiction of the Courts of England and Wales in the event of any dispute arising out of or in relation to them.
9. Deemed acceptance
When you have read and understood these Terms you should sign and return them to the Artist to signify your acceptance of them. If you fail to return the copy to the Artist but continue to instruct the Artist in relation to the Services the Client/you will be deemed to accept these Terms and the conditions set out herein, and within any ancillary documents hereto.
You are also deemed to have been offered the opportunity to seek legal advice on these Terms and any failure to do so shall be taken as meaning that these terms are considered fair and reasonable.