Read all three sections. You must accept each one before the booking can be created.
1Booking, Deposit & Payment
1.1 Deposit & Reservation. A booking request does not reserve a slot. The Client shall pay the deposit, in the amount stated on the booking page, by M-Pesa from their own phone line, only after the full price has been agreed under clause 1.3. The slot is reserved only once the Artist confirms receipt of the deposit, and is then withdrawn from the availability calendar. The deposit shall be deducted from the full price.
1.2 Cancellation & Rescheduling. The deposit shall be forfeited if the Client cancels less than forty-eight (48) hours before the session, or is not present at the venue at the booked time. The Client may reschedule once, free of charge, with at least forty-eight (48) hours' notice.
1.3 Price & Balance. The full price shall be quoted by the Artist and accepted by the Client in writing on WhatsApp before the deposit is paid. The agreed price shall not change on the day of the session unless the Client changes the design, size or placement. The balance is payable by M-Pesa upon completion of the session.
1.4 Health Disclosure. The Client confirms that they are not pregnant or breastfeeding, will not consume alcohol in the twenty-four (24) hours before the session, and has disclosed to the Artist any allergies, medication or skin conditions.
1.5 Photographs. The Artist may photograph the finished tattoo for his records. Photographs shall be published on social media only with the Client's consent.
2House-Call Conditions & Appointment Requirements
2.1 Direct Client Booking. The Client shall execute the booking personally using their dedicated phone line. Services shall not be provided to third parties or by proxy.
2.2 Identity & Age Verification. The Client must present a valid government-issued ID matching the booking details and confirming they are at least eighteen (18) years old prior to commencement. Services shall be refused if identity or legal age is unverified.
2.3 Household Notification. The Client covenants that all adult occupants residing at or present at the designated venue address have been informed of, and have consented to, the Artist's entry and presence for the scheduled session failure to which the Artist reserves the right to withhold services.
2.4 Session Timing & Daylight Operations. House-call sessions shall commence strictly at 9:00 AM or 2:00 PM and must conclude prior to nightfall. The Artist shall not perform house-call services outside daylight hours.
2.5 Security & Location Tracking. The Artist reserves the right to share live location data with designated emergency contacts throughout the duration of the appointment and may be accompanied to the venue by a designated professional assistant.
2.6 Termination for Safety Concerns. If at any time the Artist reasonably determines that venue conditions, Client conduct, or third-party behavior poses a threat to personal safety or professional standards, the Artist may immediately terminate the session and vacate the premises. In such event, the deposit shall be retained in full to cover travel, setup, and administrative costs, without prejudice to the Artist's right to claim payment for work completed up to the point of termination.
2.7 Venue Hygiene & Working Conditions. The Client shall provide, by the scheduled start time, a clean, dry, well-lit and adequately ventilated room for the session, with: (a) a clean table or flat surface for the Artist's equipment and a clean chair or bed for the Client; (b) access to clean running water for handwashing; (c) floors and surfaces free of visible dirt, dust, food, waste and pests; (d) no animals in the work area; and (e) no smoking, cooking or open flames in the work area during the session. Where the Artist reasonably determines that the venue does not meet these conditions and presents a risk of infection or cross-contamination, the Artist may decline to commence, or may suspend, the session until the conditions are remedied. Where the conditions are not remedied within thirty (30) minutes, the Artist may cancel the session and the deposit shall be retained in full to cover travel, setup, and administrative costs.
3Artist's Warranty, Aftercare & Post-Procedure Release
3.1 Artist's Undertaking & Standard of Care. Pursuant to Section 5 of the Consumer Protection Act, 2012, the Artist covenants and warrants that the procedure shall be performed with reasonable professional skill, care, and diligence, utilizing quality materials, pre-sterilized equipment, and single-use disposable needles in full accordance with standard sanitary and hygienic practices.
3.2 Post-Procedure Release of Liability. Upon final completion of the session and execution of the Inspection Certificate (Section 3.4), the Artist's operational duty of care shall terminate. The Artist (and any designated assistant) shall be fully released, indemnified, and discharged from any and all liability, claims, or demands for post-session infections, allergic reactions, scarring, or improper healing, save and except where directly caused by the gross negligence or willful misconduct of the Artist during the session itself.
3.3 Aftercare Responsibility & Covenant Not to Sue. The Artist shall provide written aftercare instructions upon session completion. The Client assumes full responsibility for post-procedure care, compliance, and hygiene. The Client hereby covenants not to institute or maintain any legal proceeding or claim against the Artist for any medical care, treatment, or expenses resulting from post-session hygiene, healing complications, or failure to follow provided aftercare instructions.
3.4 Completion & Final Acceptance. Executed on-site immediately upon completion of the session, using the "After your session" form on the Arts By Marx website.