Beauty Business Legal Guide: Protect Your Salon or Clinic

A practical guide from Foundd Legal for salons, studios, injectors and skin clinics across Australia.

Let’s keep the glow‑ups. Lose the legal headaches.

You’re brilliant at brows, balayage and skin transformations. But one refund tantrum, one allergic reaction, or one accidental AHPRA/TGA misstep… and suddenly you’re doom‑scrolling legal threads at 11pm.

Good news: you don’t need a law degree. You need smart foundations, clear, fair policies; informed consent; and advertising that won’t get you pinged. This guide explains the risks, the rules, and the practical moves to keep your beauty business protected, profitable and zen.

The sneaky risks hiding in plain sight

Running a beauty business looks glamorous, but here’s what can trip you up behind the scenes:

Refund drama: Under the Australian Consumer Law (ACL), consumers have remedies when services aren’t up to scratch. Blanket ‘no refunds’ signs? Nope. They can mislead and breach the ACL.

Reactions & contraindications: If consent, patch testing or aftercare aren’t nailed, a simple service can turn into a complaint (and a hit to your reputation).

Advertising traps for clinics & injectors: Testimonials about clinical outcomes are banned. References (even implied) to prescription‑only medicines are off‑limits. The penalties are no joke.

Privacy & records: Health service providers must handle sensitive client data under the Australian Privacy Principles. That means a real privacy policy and real security, not a dusty PDF.

Documents that actually help (not just sit in a folder)

Your paperwork isn’t just admin, it’s your business bodyguard. Done right, it reduces friction and keeps you compliant:

Terms & Conditions (T&Cs): Plain‑English, ACL‑aware. No sneaky one‑sided clauses. Clear payment, cancellations/no‑shows, hygiene, photo consent, and a fair refund review process.

Consent forms: A real conversation captured, history, contraindications, risks, expected outcomes, aftercare, responsibilities. Digital capture with timestamps is chef’s kiss.

Website & booking policies: Transparent refunds, fair fees, clear data handling, and content use rules that match how you actually operate.

Staff/chair rental agreements: Boundaries on clients, marketing, IP, hygiene, hours, damage and insurance, so your space and brand don’t get trashed.

How to make your T&Cs enforceable (and not obnoxious)

Your T&Cs should protect you without sounding like a courtroom drama. Here’s how to keep them fair and enforceable:

Use plain English. Tell people the rules upfront (payments, cancellations, deposits, photo consent).

Ditch ‘no refunds’ language. Focus on service quality and a fair review pathway when issues arise.

Cancellation fees must reflect genuine costs, penalties look ugly and can cause ACL headaches.

Audit for Unfair Contract Terms (UCT). Since 9 Nov 2023, using unfair terms in standard‑form contracts can attract penalties.

Consent that actually protects you (and respects your client)

Consent forms aren’t just signatures, they’re conversations captured. Here’s what yours should include:

Medical history + contraindications (allergies, meds, pregnancy, skin conditions).

Risks and side effects, no guarantees, realistic outcomes only.

Patch testing + pre‑treatment requirements for relevant services.

Aftercare with ‘what voids results’ spelled out (e.g., wetting lashes, sun after peels).

Responsibilities (client + practitioner) and follow‑up triggers.

Digital capture: identity, timestamps, version control, photos where consented.

Pro tip: Document the conversation. If you ever need to show what was said, consultation notes + signed consent are your besties.

Injectors & advanced skin: Avoid the advertising landmines

If you’re in the aesthetics space, AHPRA and TGA rules are strict. Here’s what to avoid:

• No testimonials about clinical outcomes.
• No advertising of prescription‑only medicines or implied references.
• Be careful with before/afters, pricing and inducements.

Train your team so socials, DMs and booking tools don’t accidentally cross the line.

Privacy: treat client data like you’d treat sterile tools

Handling sensitive client data? Treat it with the same care as your sterile instruments. Start here:

collect only what you need,

secure it,

and respond to access/correction requests.

Reforms are tightening expectations, start strong now.

Rent a chair & staffing: boundaries save friendships

Sharing your space? Boundaries matter. Here’s what to lock in:

Use written licences covering rent, access, hygiene, equipment care, and insurance.
Decide who owns the client relationship and content (before/afters), and set social media boundaries.
Include confidentiality/non‑solicitation, plus dispute + exit processes.
Train everyone on cancellations, refunds, patch tests, incident reporting.

Implementation Playbook: 7 steps to get legally legit

Ready to roll this out? Follow these steps:

1. Map your services and risks (who does what, where issues arise).

2. Update T&Cs, consent forms, booking and privacy policies to match reality.

3. Review for ACL + UCT compliance, remove ‘no refund’ and one‑sided clauses.

4. Train the team (refund scripts, reaction protocols, social media boundaries).

5. Digitise: e‑signatures, online forms with identity, time‑stamp and version control.

6. Marketing clean‑up: remove clinical testimonials and scrub references to prescription‑only goods.

7. Quarterly audit: spot‑check files, complaints, cancellations, online content.

Two quick case studies (because stories stick)

Refund drama avoided: Brow lamination client ignored aftercare and wanted a refund. T&Cs required issues to be raised within 48 hours and set a fair review process; consent form recorded risks/responsibilities. Outcome: no refund (minor issue), goodwill touch‑up offered, no escalation.

Advertising clean‑up: Injector removed references/hashtags implying prescription‑only substances and switched to ‘consultation’ wording. Team trained on DM responses. Outcome: compliant advertising, fewer risky enquiries, better pre‑screening.

FAQs we hear every week

Do I really need paperwork as a solo home or mobile operator?

Yes. Disputes and compliance obligations don’t vanish at home. Boundaries protect your time and income.

Can I copy another salon’s policies?

You could. You could also cut your own fringe. Neither is recommended. Tailor to your services and risks.

Are electronic signatures valid?

Generally yes, if you can identify the signer, capture intent, and use a reliable method. Keep the audit trail.

Can consent forms ‘waive’ my legal obligations?

No. Consent manages clinical risk and expectations; you still have to meet consumer law and professional rules.

Final Thoughts

Your legal documents aren’t just paperwork, they’re your protection, your boundaries, and your reputation wrapped into one.

And when you’re running a beauty business?

Things can get messy fast.

Protect yourself now, so future-you can relax, grow, and glow.

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***Disclaimer. Please read!!***

This article is for general information purposes only and should be used solely as general guidance. It does not and is not intended to represent legal advice or other professional advice.