Pamper party - liability???

[loubilicious]

Hi Geeks,

Hoping someone can give me some advice. I'm part of a group organising a pamper night fundraiser with several therapists. Having been to one of these events previously I picked up on a few things notably the lack of client consultation and treatments such as spray tanning being carried out with no patch test.......Now were something to go wrong and the therapists insurance wouldn't cover them for whatever reason, where do we stand as organisers??
I have highlighted my concerns, but the rest of the committee seem insistent that everything will be ok and that if necessary they will get people to sign a "disclaimer" (None of them are beauty professionals!)

Is there any organisation I could contact to get clarification as to whether we as a committee or the organisation running the premises would have any liability should there be a problem.

Any advice would be much appreciated.

 

[Lucy-Jayne]

Only have time for a quick answer:

Client consultations - yes they need to be filled out.

Patch test for a spray tan - in my 3 years of doing them, I've only given one patch test to someone who thought they might be allergic. It's not something that you have to do, unlike eyelash tinting.

 

[jes]

Only have time for a quick answer:

Client consultations - yes they need to be filled out.

Yes I agree 100%

Patch test for a spray tan - in my 3 years of doing them, I've only given one patch test to someone who thought they might be allergic. It's not something that you have to do, unlike eyelash tinting.

I'm afraid I don't agree with this. I've never found a solution manufacturer or insurance company that hasn't specified patch testing for certain circumstances. The last thing you want is to find out somebodies allergic to the solution after you've covered them from head to toe

 

[Lucy-Jayne]

My insurance company specifies that you are trained in the certain area that you operate in i.e beauty. If you are fully qualified in your trade then you should know exactly when to give a patch test and when not to. If you don't and you should have then you're liable.

Spray tanning isn't one of those things that you have to give a patch test for as it is not the kind of product that is likely to cause damage to the skin, just like facial products. You can't tell me that you do a facial and give a patch test for every single product used???

Eyelash tinting and perming, then yes of course, because of the products that you are using, they can cause damage.

 

[jes]

You can't tell me that you do a facial and give a patch test for every single product used???

I would if the MSDS and/or manufacturer told me to, like my spray tan manufacturer (Sienna X) does

What solution do you use? Are you saying they don't specify patch testing?

jes

 

[Lucy-Jayne]

Well obviously, you would if you had to and you were taught to! I'm not saying that you should go against manufacturers instructions and guidelines.

In all the spray tans I've ever had, given and know of people having, patch testing isn't something that has been necessary for new clients. I use Tantrick. It's only necessary if someone has extremely sensitive skin, had a previous allergic reaction to DHA, or a worry about it. Spray tanning solutions are actually getting more and more natural as time goes on, take the Organics range from Tantrick.

If I had to have a patch test for going somewhere new for a spray tan, I'd be put off that the spray tan solution had something in it that might actually damage my skin! I think that would put a lot of people off.

 

[missymish]

I have my insurance with the beauty guild and I contacted them yesterday about patch tests and said that if I did a tan and something went wrong and I hadnt done a patch test then my insurance would be invalid. Originally I had put something on my consultation form about patch test and gave the client the opportunity to accept or decline but they said I had to remove that :irked:

I do think it is better to be safe than sorry but patch testing is a nightmare for mobile spray tanning.

I think you really need to check with your insurance company to see what they say about patch testing etc before you decide to do anything.

 

[Lucy-Jayne]

I think you really need to check with your insurance company to see what they say about patch testing etc before you decide to do anything.

I suppose because my insurance company view it differently that's why I haven't.

Would be interested to see if someone on here can tell us what ingredients specifically could cause a reaction?? I'd have thought there would be more chance doing a facial and getting a reaction than a spray tan!!

 

[loubilicious]

For me personally I always patch test for spray tanning.....I was trained by Tantrick to patch test, so that is what I do.....anyone can be allergic to anything.....for example I have a friend who has quite a severe reaction to aloe vera!!!
But my original question really wasn't about whether patch testing/client consultation is necessary.....My question is that as organisers of an event, if something were to go wrong and the individual therapist's insurers would not cover it, what liability would we have as organisers.

 

[Lucy-Jayne]

Are you employing the therapists? If yes, then you need to have the insurance. If no, then their insurance needs to cover them for all eventualities. It needs to be up to them to arm themselves with the correct insurance and be competent enough to perform the treatments.

It's a bit like being an employee or self employed. As self employed you generally have to have your own insurance. I wouldn't have thought you had any liability it's up to the therapist, could you even get insurance for such a thing to cover incase the therapists weren't covered?