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Thread: has anyone here owned their own hairdressing salon?

  1. #1
    God/dess jaizaine's Avatar
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    Default has anyone here owned their own hairdressing salon?

    If so, did you have anything in the way of a disclaimer of liability? My friend has just opened his own salon and because I am studying law he has asked me all these questions about if he can get clients to fill out a customer card and include a disclaimer saying something along the lines of that the customer accepts responsibility if they have an adverse reaction to any products used such as bleach.

    Tort law and negligence is not my forte so I really dont know what to advise him.
    I know I have encountered these type of consent forms at my waxing salon but I dont recall ever having to fill out one at a hairdressers.
    Quote Originally Posted by Corgan View Post
    when regulars turn cheap, it's time to kill em off.
    Quote Originally Posted by Lysondra View Post
    You're still a vagina.
    There are many stereotypes about the industry that I work in. Sometimes they can be true but human beings are very diverse creatures and cannot be pigeon-holed into one category.

    Some of the most effortlessly beautiful, kind, intelligent, successful, motivated, driven and ridiculously hilarious women that I have ever met have been dancers. I've met the best friends that I've ever had in this industry.

  2. #2
    AudreyLeigh
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    Default Re: has anyone here owned their own hairdressing salon?

    If hes going to do that he needs to follow the law and do pre-disposition tests 24-48 hrs before applying any color to clients not to mention hundreds of other laws that most salons dont really follow.

    Because by not following the rules even if they signed a waiver he can lose his license and get reported to Board for negligence.

    The only place Ive ever heard of waivers is in beauty school - because its a school and they follow every single rule/law there is.

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    Featured Member flickad's Avatar
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    Default Re: has anyone here owned their own hairdressing salon?

    Well, we're talking a consumer contract here. The Trade Practices Act renders exclusion clauses unenforceable with respect to consumer contracts, so your friend can't escape liability in this way.

    Consumer contracts often do contain exclusion clauses, but their main purpose is to deter people with no knowledge of contract law, the Fair Trading Act or the Trade Practices Act from suing, since they're likely to think the clause is valid unless they've had a legal education.

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    God/dess jaizaine's Avatar
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    Default Re: has anyone here owned their own hairdressing salon?

    ^^
    that's what I sort of thought. I told him that you canot exclude liability for negligence. he actually wanted to put signs up on his mirrors saying he accpets no responsibility but i said not only are poeple not obliged to read it but they will actually probably be put off by a sign like that.

    Anyway I did miserably in tort law so I dont know. but I am not writing up any such contract for him, not only am I not a qualified lawyer but I could get myseld into trouble doing something llike that so Im going to tell him to speak to someone qualified if he wants advise.
    Quote Originally Posted by Corgan View Post
    when regulars turn cheap, it's time to kill em off.
    Quote Originally Posted by Lysondra View Post
    You're still a vagina.
    There are many stereotypes about the industry that I work in. Sometimes they can be true but human beings are very diverse creatures and cannot be pigeon-holed into one category.

    Some of the most effortlessly beautiful, kind, intelligent, successful, motivated, driven and ridiculously hilarious women that I have ever met have been dancers. I've met the best friends that I've ever had in this industry.

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    Featured Member flickad's Avatar
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    Default Re: has anyone here owned their own hairdressing salon?

    Quote Originally Posted by jaizaine View Post
    ^^
    that's what I sort of thought. I told him that you canot exclude liability for negligence. he actually wanted to put signs up on his mirrors saying he accpets no responsibility but i said not only are poeple not obliged to read it but they will actually probably be put off by a sign like that.

    Anyway I did miserably in tort law so I dont know. but I am not writing up any such contract for him, not only am I not a qualified lawyer but I could get myseld into trouble doing something llike that so Im going to tell him to speak to someone qualified if he wants advise.
    This isn't even primarily a tortious issue, it's a contractual one (ie as to whether you can contract out of tortious liability with respect to consumer contracts). Under both the Fair Trading Act and the Trade Practices Act and exclusion clause he wants to draw up is worth shit-all as far as it relates to consumers. Seeing a lawyer is probably a waste of money on his part, since there's no way to escape statutory liability.

    On policy grounds alone I dislike exclusion clauses, in any event. I don't see that people being able to contract out of a duty of reasonable care (or to contract out of implied or express terms in a contract for services, for that matter) is in any way a good thing.

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    Featured Member flickad's Avatar
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    Default Re: has anyone here owned their own hairdressing salon?

    Quote Originally Posted by jaizaine View Post
    ^^
    that's what I sort of thought. I told him that you canot exclude liability for negligence. he actually wanted to put signs up on his mirrors saying he accpets no responsibility but i said not only are poeple not obliged to read it but they will actually probably be put off by a sign like that.

    Anyway I did miserably in tort law so I dont know. but I am not writing up any such contract for him, not only am I not a qualified lawyer but I could get myseld into trouble doing something llike that so Im going to tell him to speak to someone qualified if he wants advise.
    P.S.- You don't have to be a qualified lawyer to draw up a contract. Parties form contractual agreements between themselves quite regularly without any help from solicitors. However, you could be creating liability for yourself in negligence if you do draft a contract that winds up exploding in your friend's face, so I think you're doing the right thing in refusing to.

    I got a C in torts I think. I can't remember much beyond the elements of negligence and the fact that the course, disappointingly, focused mainly on negligence, with nuisance and tresspass on the side. I liked it but I wish it had been broader. I'll probably have to re-read my torts case book before I go into practice, since my memory of it all is slightly fuzzy. Contracts I can remember like it was yesterday (probably because it's been my favourite subject), but most of the stuff I did in 2004 (evidence, for one thing) and before will need revision at some point.

    Meh, it looks like I'll be working mostly in property law anyway. It just annoys me that I've become vague on areas of law that interested me and that can be important in practice.

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    God/dess jaizaine's Avatar
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    Default Re: has anyone here owned their own hairdressing salon?

    I know I dont have to be qualified but Im staying away from this one!!
    He is just being super cautious i guess because its his own business. He told me that he has heard that there are scammers around who know they are allergic to bleach or certain products and go to salons with the intention of having that reaction and then suing. Doesn't surprise me I guess.
    Quote Originally Posted by Corgan View Post
    when regulars turn cheap, it's time to kill em off.
    Quote Originally Posted by Lysondra View Post
    You're still a vagina.
    There are many stereotypes about the industry that I work in. Sometimes they can be true but human beings are very diverse creatures and cannot be pigeon-holed into one category.

    Some of the most effortlessly beautiful, kind, intelligent, successful, motivated, driven and ridiculously hilarious women that I have ever met have been dancers. I've met the best friends that I've ever had in this industry.

  8. #8
    Featured Member flickad's Avatar
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    Default Re: has anyone here owned their own hairdressing salon?

    Quote Originally Posted by jaizaine View Post
    I know I dont have to be qualified but Im staying away from this one!!
    He is just being super cautious i guess because its his own business. He told me that he has heard that there are scammers around who know they are allergic to bleach or certain products and go to salons with the intention of having that reaction and then suing. Doesn't surprise me I guess.
    They wouldn't get much money anyway. Consequential loss is all. So any medical bills and time needed off work would have to be compensated. Really barely worth anyone's time.

    Also, if contributory negligence is found (for example, if the plaintiff's medical records are subpoenaed and they disclose an allergy to bleach), the pay out will be reduced considerably in any event.

  9. #9
    AudreyLeigh
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    Default Re: has anyone here owned their own hairdressing salon?

    So I have learned SOMETHING from watching Judge Judy....

  10. #10
    God/dess jaizaine's Avatar
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    Default Re: has anyone here owned their own hairdressing salon?

    ^^
    Lol
    Quote Originally Posted by Corgan View Post
    when regulars turn cheap, it's time to kill em off.
    Quote Originally Posted by Lysondra View Post
    You're still a vagina.
    There are many stereotypes about the industry that I work in. Sometimes they can be true but human beings are very diverse creatures and cannot be pigeon-holed into one category.

    Some of the most effortlessly beautiful, kind, intelligent, successful, motivated, driven and ridiculously hilarious women that I have ever met have been dancers. I've met the best friends that I've ever had in this industry.

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