1. Introduction & Purpose
This Client Services Agreement and Liability Waiver ("Agreement") is entered into between the client identified in Section 1 above ("Client") and Blink & Polish by Vannie LLC, located in Pensacola, Florida ("Salon"). By completing and submitting this form, Client agrees to all terms set forth herein as a condition of receiving nail, pedicure, waxing, and related beauty services ("Services").
2. Description of Services
Services offered by the Salon may include, but are not limited to: manicures, pedicures, acrylic nail enhancements, gel and shellac applications, dip powder systems, nail art, nail removal and repair, cuticle care, paraffin wax treatments, hand and foot massages, eyebrow waxing, and other beauty treatments as offered from time to time. Each Service involves the use of professional-grade tools, equipment, chemical products, and UV/LED light-curing devices.
3. Inherent Risks & Acknowledgment of Risk
Client acknowledges and understands that all nail salon services carry inherent risks, including but not limited to the following:
- Chemical Exposure: Nail services involve the use of acrylic liquid monomers (ethyl methacrylate), acrylic polymers, gel resins (acrylate and methacrylate compounds), UV-curable gel polishes, nail primers and bonding agents (which may contain methacrylic acid), acetone and non-acetone solvents, nail adhesives, and topcoat and base coat formulas. Exposure to these chemicals may cause skin irritation, allergic reactions, sensitization, contact dermatitis, or chemical burns. Once sensitized to acrylates or methacrylates, a person may develop a permanent allergy to these substances.
- Allergic Reactions: Client may experience allergic or hypersensitivity reactions to any product used during Services, including nail polishes, gels, acrylics, primers, adhesives, cuticle oils, lotions, fragrances, or any other product. Reactions may range from mild skin irritation and redness to severe allergic contact dermatitis, hives, respiratory distress, or anaphylaxis in rare cases.
- Infection Risk: Despite rigorous sanitation and sterilization practices, there is an inherent risk of bacterial, fungal, or viral infection associated with nail services. Risks include, but are not limited to: bacterial paronychia (nail fold infection), Pseudomonas aeruginosa (green nail syndrome), onychomycosis (fungal nail infection), folliculitis, cellulitis, and exposure to bloodborne pathogens if skin integrity is compromised. Client should not receive services if they have an active infection, open wounds, or compromised skin integrity in the treatment area.
- Physical Injury: The use of electric files (e-files), manual nail files, nail drills, cuticle tools, clippers, buffers, and other implements carries risk of cuts, abrasions, heat burns, over-filing of the natural nail plate, nail thinning, onycholysis (separation of the nail from the nail bed), nerve damage, or bruising. Client with reduced sensation (neuropathy) is at heightened risk as discomfort signals may be diminished.
- UV/LED Light Exposure: Gel nail curing lamps emit ultraviolet A (UVA) light. Cumulative UVA exposure may contribute to premature skin aging, hyperpigmentation, and in rare cases an increased risk of skin cancer. Clients may request use of broad-spectrum SPF or protective gloves/sleeves before lamp exposure. Eye protection should be maintained during curing.
- Nail Damage: Improper removal of artificial nails, overuse of nail enhancements, or individual reactions to products may result in temporary or prolonged nail thinning, brittleness, peeling, discoloration, ridging, or nail loss. Natural nail health varies by individual and the Salon cannot guarantee specific outcomes.
- Pedicure-Specific Risks: Foot soaking, callus removal, and cuticle work carry additional risks including cuts, nicks, skin irritation, and potential for foot infections. Clients with diabetes, circulatory problems, or neuropathy are at significantly elevated risk for complications from pedicure services and should consult their physician prior to receiving foot services.
- Waxing Services: Hair removal services carry risks including burns (hot wax), skin lifting or tearing, folliculitis, ingrown hairs, irritation, bruising, and hyperpigmentation, particularly in clients using retinoids, exfoliants, or blood-thinning medications.
- Inhalation of Fumes: Nail salons involve the use of products that emit volatile organic compounds (VOCs) and chemical vapors. Despite ventilation measures, Client may experience headache, nausea, dizziness, or respiratory irritation from product fumes, particularly if Client has asthma, chemical sensitivities, or respiratory conditions.
- Pre-existing Conditions: Clients with diabetes, peripheral vascular disease, neuropathy, blood clotting disorders, autoimmune diseases, immunocompromised status, skin disorders, or nail disorders face elevated risks from nail services. Client agrees to disclose all relevant health conditions and accepts full responsibility for any risks arising from undisclosed conditions.
4. Client Representations & Health Disclosure
Client represents and warrants that: (a) Client has accurately and completely disclosed all known health conditions, medications, allergies, and relevant medical history in the Health Disclosure section of this Agreement; (b) Client has consulted with a licensed healthcare provider as necessary regarding the advisability of receiving nail salon services given Client's medical history; (c) Client will promptly inform the Salon of any changes in health status prior to future appointments; (d) Client does not currently have an active fungal, bacterial, or viral infection in or around the nail area; and (e) Client is not under the influence of alcohol or drugs that may impair judgment or pain perception during Services.
5. Assumption of Risk
Client voluntarily assumes all inherent risks associated with nail salon services as described herein and any other risks not specifically mentioned that are reasonably associated with the Services. Client acknowledges that these risks exist even when services are performed by qualified, licensed professionals exercising reasonable care.
6. Release of Liability
IN CONSIDERATION OF RECEIVING SERVICES, CLIENT HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Blink & Polish by Vannie LLC, its owner(s), employees, independent contractors, agents, successors, and assigns (collectively "Released Parties") from any and all liability, claims, demands, actions, or causes of action, whether known or unknown, arising out of or relating to any loss, damage, injury, illness, adverse reaction, or death that may be sustained by Client as a result of receiving Services, including any claim arising from the negligence of the Released Parties, to the fullest extent permitted by applicable law.
7. Indemnification
Client agrees to indemnify, defend, and hold harmless the Released Parties from and against any claims, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Client's breach of any representation, warranty, or obligation in this Agreement; (b) Client's failure to disclose a material health condition; or (c) any third-party claims arising from Client's actions or omissions in connection with the Services.
8. No Guarantees of Results
Client acknowledges that nail and beauty services involve subjective outcomes and that the Salon does not guarantee any specific result, nail shape, length, appearance, color, or longevity of any service. Results depend on factors including but not limited to natural nail condition, Client's lifestyle, aftercare compliance, and individual biology. The Salon will make reasonable efforts to achieve the Client's desired outcome but cannot be held responsible for outcomes outside its reasonable control.
9. Aftercare Compliance
Client agrees to follow all aftercare instructions provided by the Salon. Failure to follow aftercare instructions may result in premature lifting, breakage, infection, or other adverse outcomes for which the Salon shall bear no liability. If Client experiences any unusual symptoms, redness, swelling, pain, discharge, or other concerns following a service, Client agrees to promptly contact the Salon and seek medical attention as appropriate.
10. Photographic & Social Media Release
Unless Client declines in the consent section below, Client grants Blink & Polish by Vannie LLC a non-exclusive, royalty-free, worldwide license to photograph, record, and use images of Client's nails and, where reasonably incidental, hands or feet, for the purpose of showcasing the Salon's work on social media platforms (including but not limited to Instagram, Facebook, TikTok, and the Salon's website), marketing materials, and portfolio use. Client's face will not be included without separate written consent. Client may revoke this consent at any time by providing written notice to the Salon.
11. Privacy & Data Use
Personal information collected in this Agreement is used solely to provide Services, maintain health and safety records, and comply with applicable legal requirements. The Salon will not sell or disclose Client's personal information to third parties except as required by law or as necessary to provide Services (e.g., emergency medical personnel). Client data is stored securely and retained for the period required by applicable state regulations.
12. Governing Law & Dispute Resolution
This Agreement shall be governed by the laws of the State of Florida, without regard to conflict of law principles. Any dispute arising under or related to this Agreement shall first be subject to good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in Escambia County, Florida, under the rules of the American Arbitration Association. Client waives any right to a jury trial in connection with any dispute arising from this Agreement.
13. Severability & Entire Agreement
If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements. This Agreement may be updated by the Salon from time to time; continued receipt of Services constitutes acceptance of any updated terms.
14. Acknowledgment of Legal Capacity
Client affirms that they are at least 18 years of age, or that a parent or legal guardian has completed this form on their behalf and accepts all terms herein as the legal guardian of the minor Client. Client affirms that they are of sound mind and not under duress, and that they have had the opportunity to consult legal counsel if desired prior to signing.