Running a busy Tattoo studio and enjoying an income from your passion can be highly rewarding. However, it’s important not to overlook some of the less glamorous tasks such as arranging appropriate Tattoo Insurance.
Due to the specialist nature of the tattoo industry, it is important to examine and understand all the specific risks and to arrange bespoke cover to meet your exacting needs.
The following is some of the key areas we typically recommend for tattoo artists and / or studios.
A critical part of the process for any professional tattooist is obtaining consent before undertaking any work for a client.
Failure to correctly obtain AND document the necessary client consent accurately can leave you open to a potential challenge and a costly compensation or Professional Liability Insurance claim.
Consent is required for any tattoo or piercing - even the smallest, or simplest commission, could result in a potential claim should the client suffer a reaction and allege that they were not made aware of aftercare processes and the risk involved.
The basic premise of “consent” is that it allows a client to make an informed decision about the tattoo or piercing that he or she is about to undergo, and to become knowledgeable about any risks that could occur.
All professional artists and tattooist’s designs are automatically protected by copyright law under the 1988 Copyright, Designs and Patents Act. Copyright duly protects the integrity of your work and that of other artists against plagiarism or unauthorised reproduction.
How Does Copyright Protect Your Work?
- Copyright law is relatively straightforward, it protects firms or individuals from:
- Copying your work
- Distributing copies of it, either for sale or free of charge
- Lending or renting copies of your work
- Showing or displaying your work in public
- Making an adaptation of your work
- Placing it on the internet
- Clients Often Provide Designs to Me – How Am I Impacted?
For any tattooist or tattoo studio, the client consent form is the first line of defence in the event of a claim for negligence or malpractice. Whilst the use of consent forms is now part of an artist’s everyday activity, we are often asked how long the forms should be retained and in what format. Whilst our tattoo insurance policy does not carry an onerous restriction, understanding best practice will mitigate risk and keep your reputation intact.
There is no legal stipulation in terms of the content of consent forms, or a specified length of time for which they should be retained. However, the Tattooing and Body Piercing Guidance Toolkit, recommends a minimum retention of three years. This toolkit was produced following input from Public Health England, the Tattoo and Piercing Industry Union (TPIU) and the Chartered Institute of Environmental Health.
At Tattoo Safe we insure thousands of tattoo artists across the UK and a key part of our role is advising our clients on risk management and best practice – not only to reduce the risk of potential claim, but also to assist us in defending your position.
Making Sure the Mud Doesn’t Stick!
Following effective hygiene processes and maintaining standards is very much business as usual for a professional tattoo artist – however, in today’s litigious society nothing can stop someone making an allegation of negligence or dissatisfaction against you. BUT, by documenting your procedures carefully and being in a position where you can provide genuine evidence WILL help insurers to defend allegations rigorously where you believe you were not a fault.