Terms and Conditions for Services Provided by MHRA / Foli Sim SMP

Article 1.0: Understanding and acknowledgement

1.1 The nature of the procedure will be explained to the client at the initial consultation / assessment including any known risks associated with the procedure and the permanent nature of the treatment.

By proceeding with the treatment, the client accepts that the SMP procedure whilst being deemed permanent will likely require touch ups. Touch ups may be required for the following reasons:

➢   Further / continued hair loss (for numerous reasons)

➢   Because of pre-existing sun damage / scar tissue on the scalp prior to having SMP.

➢   Continued sun exposure post SMP procedure

➢   Medical reasons or existing physical conditions

➢   In Foli Sim’s experience, touch ups are typically required between 2-5 years from the original completed procedure.

1.2 The client will receive pre-treatment instructions and will be advised of any considerations before receiving treatments.

1.3 The client will inform the company representative / practitioner of any known or suspected medical (or other relevant) conditions he / she is aware of including, but not limited to:

High Blood Pressure

Low Blood Pressure

COVID – 19 Virus

Hepatitis

Eczema

Heart Trouble

Epilepsy / Fits

Dandruff

Keloid Scar / Scar Easily

Blood Disease

HIV / Aids Exposure

Psoriasis

Tendency to Bleed Easily

Disorders of the hair and scalp

Abnormal Heart Condition

Cold Sores (Herpes Simplex)

Rheumatic Fever

Anemia

Hemophilia

Bruise easily

Diabetes

Thyroid Condition

Fainting or Dizziness

Kidney Diseases

Cancer, Growth or Cysts

Stroke

Tuberculosis

Healing Problems

1.4 Foli Sim shall not be held liable for any damage that may occur because of the client’s failure to disclose such details.

1.5 The client will list all medications taken in the last 30 days. The client should avoid taking Aspirin or Ibuprofen in the two days prior to any treatment session and must inform the company representative or practitioner if they have done so.

1.6 Pre and post treatment images of the procedure / client will be taken and are to be used at Foli Sim’s discretion in accordance with the SMP Consent Authorization obtained from the client. Foli Sim will keep the identity of the client private if requested / instructed to do so.

1.7 Foli Sim reserves the right to amend the terms and conditions at any time and without prior notice and all new amendments will override previous terms and conditions.

1.8 Foli Sim reserves the right to amend the pricing structure of any treatment services offered at any time and without prior notice.

Article 2.0: Treatments (Scalp Micropigmentation / SMP / Hair Tattoo)

2.1 SMP treatment is the choice of the client and the client alone and the client agrees to any actions deemed reasonably necessary to perform the treatment by the Foli Sim practitioner.

2.2 The SMP treatment involves the use of pigments applied under the epidermis layer of the skin. The SMP provided by Foli Sim is deemed to be permanent in nature and although the treatment can be reversed, the success of any reversal procedure is not guaranteed.

2.3 While Foli Sim have never experienced a case of an allergic reaction to our pigment, allergic reactions can occur. Foli Sim can carry out a patch test to determine the likelihood of developing an allergic reaction to our pigment if required or requested by the client.

2.4 The client understands that there may be discomfort associated with the treatment.

2.5 For best results, the client must comply with our written aftercare instructions. In the event these instructions are not followed the warranty for the treatment may be voided at the company’s discretion.

2.6 Before each treatment, Foli Sim will provide an estimate as to how long the treatment will take. Due to numerous variables, these sessions may be shorter or longer than estimated and the client understands that no guarantee can be given to how many sessions are required to obtain optimal results.

2.7 Different skin tones and textures can “accept” the pigment more readily than others and for this reason, some clients will require more sessions than others. Foli Sim cannot give any guarantee as to the number of sessions needed to complete treatment for any one individual client.

“Complete” treatment refers to the originally agreed position of the hairline and requested intensity, but not alterations (see paragraph 3.1).

Should additional sessions be required to achieve optimum results for the client that fall outside of the “average” treatment time, Foli Sim will not be liable for costs arising to the client for attending additional sessions, including (but not exclusive to) travel costs, parking charges, accommodation costs or any economic costs to the client relating to time taken off work or loss of potential earnings.

2.8 Fading of pigment is likely to occur over time and periodic touch-ups may be necessary. Due to differences in scalp conditions / pre-existing sun damage / excessive sun-exposure and or other scalp damage, Foli Sim can give no guarantee as to the duration of the treatment and the number of retouches that may be necessary to obtain optimal results.

2.9 The SMP treatment is designed to provide:

➢   The illusion of short or shaved hair / Buzz-cut, however it does not give the feel and / or texture of hair.

➢   When working with longer hair SMP can help reduce the contrast between hair and scalp therefore giving the appearance of greater density to thinning hair.

➢   Scar camouflage with SMP is performed to minimise the appearance of the scar. The client understands that Foli Sim can give no guarantee as to the visibility of the scar following SMP treatments and that scar tissue will accept pigment differently to normal skin, some irregularities can be visible in the scar area after treatment.

2.10 SMP by Foli Sim is typically delivered over a series of 2-4 sessions spaced 7-14 days apart as required and or advised by the practitioner completing the procedure.

2.11 The minimum hourly fee for treatments is one hour. If the session exceeds one hour, a second hour will be charged. For every hour that is exceeded, an additional hourly rate will be charged. The hourly rate will include pre-treatment preparation including discussions with the client regarding the treatment to be provided.

2.12 The person or persons carrying out the treatment is an approved practitioner / artist representing Foli Sim. If a particular practitioner is requested Foli Sim will endeavor to meet this request however Foli Sim cannot guarantee a particular practitioner / artist will be available.

2.13 The practitioner will make a professional judgement about when the treatment is considered “complete”, that is when the completed work cannot be improved upon by additional sessions. In cases where the client is not in agreement with the practitioner’s judgement, the case will be referred to the company Director for further consideration.

In such cases where the practitioner and company Director are in agreement and believe that additional sessions will compromise the achieved result, Foli Sim reserves the right to refuse further treatment regardless of it being within the warranty time, this is done only with the best interest of the client in mind.

2.14 In the unlikely event that removal of the SMP is requested by the client:

➢   The client shall be liable for all costs related or as a result to the applicable removal of the treatment.

➢   Foli Sim will not provide any compensation for any reason in the event the client decides they wish to have the procedure removed after or during the treatment process as outlined at 2.10.

2.15 Foli Sim reserves the right to cancel the procedure in the interest of client safety in such cases where the client is deemed to be under the influence of drugs or alcohol.

2.16 Foli Sim reserves the right to refuse treatment services if any company representative or practitioner feels threatened, abused or otherwise unsafe in the company of the individual or person (s) accompanying the individual.

2.17 Working on the scalp when it is dry or with flaking skin can potentially compromise the results for the client. Foli Sim reserves the right to cancel the session or treatment in such cases where it is deemed the results will be compromised due to the condition of the client’s scalp.

2.18 Whilst complications from SMP are uncommon, they can and do sometimes occur. The known types of complications that have a possibility of arising may include but are not limited to slight bleeding, itchiness, redness, discolouration, fading or localised swelling.

2.19 Foli Sim reserves the right to withhold any deposit paid if it is deemed that the client has failed to disclose known medical conditions or other possible contra-indications to treatment to Foli Sim in advance of their treatment that subsequently results in the cancellation of their treatment in the interest of client or practitioner safety.

2.20 Foli Sim reserves the right to review and modify treatment pricing and / or recommendations in such cases where pricing and / or recommendations have been given based solely on a photographic evaluation via email, smartphones, or any other means whereby the client has not been assessed in-person by a Foli Sim representative.

Article 3: Guarantee / Warranty

3.1 The client agrees with the design and the positioning of the hairline and the expected outcome prior to commencement. By the second treatment, the position of the hairline as well as intensity of colour can be modified, but any changes to the hairline or colour intensity after that time will be charged separately on an hourly rate basis (see paragraph 2.11).

3.2 In the case of scar camouflage work, due to the thickened and unpredictable nature of scar tissue, multiple sessions may be required to achieve optimum results. Foli Sim will perform up to 5 sessions within the original quoted price.

If the practitioner deems that further improvement on the results can be achieved with additional sessions, an hourly rate will be applied (see paragraph 2.11) to treatment sessions exceeding the 5 inclusive sessions.

3.3 Should fading occur after the treatment is considered complete by a company representative / Foli Sim practitioner, Foli Sim will carry out touch up sessions free of charge within the first 12 months from the date of the third (or advised last scheduled) session. The evaluation should ideally be in person with a company representative to determine whether additional treatment is required.

If the client is unable to attend in person, the clinic will make a remote evaluation only when provided with high resolution photographs. In the case where photographs are not of good enough quality or prove inconclusive, a personal appointment will be required for the evaluation.

If additional treatment is deemed necessary, the session will be scheduled for a later date. If the practitioner deems that no additional treatment is required, Foli Sim reserves the right to refuse to perform further treatment at that time and if within the terms of the guarantee will arrange a subsequent evaluation.

3.4 The guarantee is valid for maintenance only therefore any additional work such as but not exclusive to alteration to the hairline shape is payable at our hourly rate.

3.5 The guarantee (as stated in paragraph 3.1 – 3.4) shall be void in such cases where the following has occurred:

➢   The client has failed to adhere to our aftercare instructions.

➢   The client or another person whether authorised or not by the client has tampered or modified the SMP procedure whilst undergoing treatment with Foli Sim.

➢   Additional treatment has been carried out by another person (s) other than an approved Foli Sim practitioner or anything else that might have compromised the results delivered by Foli Sim.

Article 4.0: Treatment with other practitioners

4.1 For those clients wishing to add to existing work performed by an alternative practitioner, the work will be charged at the hourly rate. On evaluation, Foli Sim reserves the right to refuse treatment to those clients seeking to add to existing work undertaken with an alternative practitioner or service provider.

Article 5.0: Payments

5.1 The client will be quoted a fee to provide treatment services during a personal consultation (in-person, phone or video). Foli Sim will complete the work for that fee.

5.2 A deposit must be paid in advance to secure the first session date, this can be paid by credit / debit card, cash or by bank transfer. Until such time as a deposit is placed, the client’s desired booking date will remain available for other clients to reserve.

5.3 50% of the remaining balance after the deposit will be paid prior to the commencement of the first treatment session if paying by card or cash. Bank transfers must be initiated in advance to ensure all funds have cleared prior to the start of the first treatment session.

The final remaining balance is to be paid prior to the commencement of the second treatment session if paying by card or cash. Bank transfers must be initiated in advance to ensure all funds have cleared prior to the start of the second treatment session.

5.4 The client will receive a receipt for each payment.

5.5 We accept: Visa and MasterCard, EFTPOS, cash, and bank transfers. Zip Money payment is also available to approved applicants. Please note, we do not accept cheques, American Express or Laser cards. Card payments must be accompanied with photographic ID by the card holder.

5.6 If paying by card on your procedure day, please advise your bank of the payment in advance so that they are aware it is a genuine transaction. Payment must clear prior to treatment commencing. Failed or blocked transactions may result in the cancellation of your session / treatment. .

5.7 The hourly rate at the time of writing this document is $350 AUD. The hourly rate will be reviewed and altered by the company at the discretion of the company.

Article 6.0: Appointments and Cancellations

6.1 When you ask us to schedule treatment for you, we must do several things in advance of your chosen date:

➢   Reserve the treatment room and treatment time for you.

➢   Order and pay for any treatment supplies or sundry items that are required to fulfil your treatment.

➢   Secure the necessary specialised practitioner that will be needed, and / or provide coverage to free them up from their other responsibilities. We must guarantee that we will pay them for this time regardless of whether or not you have treatment.

➢   We must turn down every other client who would like to have treatment on the day and time we have reserved for you.

Because of the financial and time commitments we must make, we ask that you be definite about your desire for treatment and be certain that you have the funds available before asking us to schedule your treatment.

6.2 A deposit will be charged to secure your procedure appointment date (s). The client understands that Foli Sim is not able to hold or confirm procedure appointments until such time as the deposit has been received.

6.3 If you are financing your treatment, do not request us to reserve a treatment date for you unless you are certain that you wish to proceed with the treatment.

6.4 Cancellations due to emergency or illness will be assessed on an individual basis. Postponements caused by unforeseen events will be assessed on a case-by-case basis. In all other instances, the company will endeavor to find suitable alternative dates for your procedure.

6.5 Requests for the clinic to change your treatment date cause major disruption to the provision of our services for other clients. Foli Sim requires three (3) working days of notice to postpone your booked appointment. This allows sufficient time for the session to be reallocated.

6.6 Should you arrive for your treatment session without any means of paying the agreed treatment cost that is due, Foli Sim reserves the right to cancel your session.

6.7 Treatment sessions do not carry a specific value therefore the treatment quote given to the client covers the treatment in its entirety. Once you have commenced treatment with Foli Sim, should you decide to discontinue treatment, Foli Sim shall not be liable to reimburse you for any value in whole or in part of sessions not yet undertaken.

6.8 Foli Sim will not be liable to reimburse / refund in whole or in part against treatments that have already been completed.

6.9 Foli Sim will endeavor to ensure that your appointment runs to schedule, however, for reasons beyond our control, we may need to cancel or postpone your treatment at short notice. In this unlikely event, every effort will be made to contact you in advance and arrange another suitable convenient time for both parties. We do not offer compensation if we are required to cancel your appointment.

6.10 Foli Sim will not be liable for costs arising from scheduling changes in the provision of any treatment service (s) provided by Foli Sim including (but not limited to) travel costs, accommodation costs or any economic cost to the client relating to time taken off work or loss of potential earnings.

Article 7.0: Trademark licensing

7.12 Foli Sim owns the trademark to the name Foli Sim and the Foli Sim logo. Only Foli Sim or an approved party is authorised to use or display ‘Foli Sim’ or the Foli Sim logo.

Article 8.0: Premises

8.1 Foli Sim will ensure adequate sanitary accommodation is available.

8.2 Foli Sim shall ensure sanitary convenience is hygienically clean and in efficient order.

8.3 Each treatment room will be equipped with a suitable wash basin with running water.

8.4 All needles used for SMP come sterilised, are single use and are disposed of after use according to local regulations. Needles are never reused or carried from one session to another.

8.5 Foli Sim will ensure all practitioners / treatment rooms and treatment services will meet industry standards and local government requirements.

8.6 If required by the local government or health department, you may be required to ‘log’ your appointment time and date either by electronic means (phone app) or by completing an approved registry log. Example but not limited to COVID-19.