Under 16's disclaimer.

[claireamy]

Have read a lot of lod posts about people's stance on doing under 16s. I personally don't have a problem with this, esp in school hols but was just wondering if any of you have a special disclaimer form that you get a parent/guardian to sign before treatments.

I have an under 16 booked for gel toes (cos her mum had them done now she wants them too). I suggested a french polish on toes instead but she's insisting on gels. I don't mind doing them if her mum is happy but do I legally need a disclaimer signing or will a normal consultation card be ok??!

 

[Sassy Hassy]

I'm not sure if there are any legal implications - you would need to check with your Environmental Health Office (EHO) at your local Council to see if they have any bye-laws that apply - it could just be that a parent / guardian has to be present at all times during the treatment, or there could be nothing at all.

The implications are really more as to whether you are covered by your insurance for under 16s. Although treatment liability insurance is not compulsory it really is best to make sure you are covered - disclaimers will not stand up in a court of law, you are deemed the professional and a client is not qualified to determine if a treatment should proceed or not.

But personally, for me, it all comes down to the "risk" element ie how likely is a client to have problems with a certain treatment. To me gel toes carries very litle risk if carried out correctly. Therefore in this instance I would go ahead with the treatment, provided no contraindications are present, BUT I would get the parents written permission (this is not a disclaimer) and give all after care both to the parent and to the under 16. But that is my personal choice and you will have to decide what you would prefer to do.

 

[hayls]

My insurance covers me to do enhancments treatments on the over 12's. I can carry out file and shape and polish etc on over 6's. This is on my insurance documents.
I do a consultaion form for minors which has space for parents consent. I also speak to the parent prior to the treatment to see if it is 100% ok and also if they would like to be present when the treatment is taking place!

 

[rouge]

I'm in the process of doing a VTCT in health, safety, security and employment standards, and it states in the notes that a minor (under 16 years old) must be accompanied by an adult or companion or you can accept written permission from their guardian. Keep within the limits of your qualification and report any concerns to a supervisor.

Hope that helps.

(Hope you don't mind me quoting your notes, Kim!!)

 

[claireamy]

Thanks geeks,

Have added a section to my normal consultation form that is witnessed by a parent. I've asked the mother to be present while I do the treatment. She actually works with my husband and knows him really well so I can't forsee anything untoward but you never know! Will explain all aftercare and make sure she signs to say she's happy about the treatment but like you say Sassy, there's not too many risks with gel toes and its the hols so won't be in trouble at school!

 

[Rosey]

I would echo what Sassy said and check that you have no EHO restrictions and check with your insurance company who they cover. I always think that disclaimers aren't a good route to go down. IMO if I felt uncomfortable enough doing a treatment that I was considering a disclaimer then I wouldnt offer that treatment. Legally I don't know how a disclaimer would stand up in court if something went wrong and legal action was taken. As you can't really dodge your responsibility to your clients and a disclaimer may be seen as doing just this.

Hope that makes sense and has come across in the way it is intended!