Date: April 6, 2026
Company: Yeins Gomez
Location: Easley, South Carolina
Subject: Comprehensive Legal Infrastructure for Tattoo Services and Digital Operations
1. Executive Summary
This document establishes the formal legal framework for Yeins Gomez (hereinafter “the Artist” or “the Studio”). As a professional body art provider in Greenville, South Carolina, the Studio must adhere to specific state regulations (SC Regulation 60-111) and federal data privacy standards. This framework outlines the required documentation for website compliance, client liability protection, and intellectual property retention.
2. Website Legal Infrastructure
Given that https://www.yeinstattoos.com utilizes lead-capture forms to collect personal identifiable information (PII), the following digital policies are mandatory:
2. WEBSITE LEGAL ESSENTIALS
Includes a Privacy Policy for data collection through the contact form and Terms of Service to protect the website and designs.
2.1 Privacy Policy
- Data Collection (Contact Form): Must explicitly state that the Studio collects names, phone numbers, and email addresses for consultation, scheduling, and responding to inquiries.
- How Data Is Used: Clarifies use for client communications, appointment administration, and service-related follow-ups.
- Third-Party Disclosure: A guarantee that PII is not sold to third parties.
- Data Security: Outlines the measures taken to protect client information submitted via the contact form.
- Data Retention & Deletion Requests: States how long inquiry data is kept and how clients may request deletion, subject to legal/recordkeeping obligations.
- Compliance: Adherence to the South Carolina Personal Information Privacy Protection Act.
2.2 Terms of Service (ToS)
- Website Usage: Establishes the rules for navigating the site, including prohibited conduct (e.g., hacking, scraping, malicious uploads).
- Intellectual Property Notice (Website + Designs): Confirms that all site content, branding, images, and design previews are owned by Yeins Gomez or used with permission; prohibits copying, reposting, or derivative use without written consent.
- Appointment Policy: Legal disclosure regarding deposit requirements, cancellation windows, and “no-show” fees.
- Limitation of Liability: Limits the Artist’s liability regarding website downtime, technical errors, and third-party hosting/service interruptions.
- Third-Party Links/Platforms: Disclaims responsibility for third-party sites or booking/social platforms linked from the website.
3. Client Operational Documentation
In accordance with South Carolina Department of Health and Environmental Control (DHEC) standards, the following documents must be executed for every procedure:
3. STUDIO OPERATIONAL DOCUMENTS
Covers Informed Consent & Waivers, Medical Disclosure checklists, and Aftercare Instructions as required by South Carolina Regulation 60-111.
3.1 Informed Consent and Liability Waiver
This document serves as the primary defense against professional liability and must include:
- Risk Acknowledgment: Explicit mention of risks including, but not limited to, infection, scarring, allergic reactions to pigments, and the permanence of the procedure.
- Procedure Acknowledgment: Confirmation the client had the opportunity to ask questions, received answers, and agrees to proceed.
- Waiver of Claims: A comprehensive release of liability for the Artist regarding the aesthetic outcome or biological complications, provided hygiene standards were met.
- Statement of Sobriety: Client attestation that they are not under the influence of alcohol or controlled substances.
- Aftercare Commitment: Client agreement to follow written aftercare instructions and to contact a medical professional if complications arise.
3.2 Medical Disclosure Checklist (Medical History Disclosure)
To comply with SC Regulation 60-111, the Studio must require clients to disclose (checklist format recommended):
- Conditions such as diabetes, hemophilia, or epilepsy.
- History of skin diseases, infections, rashes, lesions, or keloid scarring (including at/near the tattoo site).
- Current use of blood-thinning medications, anticoagulants, or immunosuppressants.
- Allergies (including latex, adhesives, pigments/inks, soaps/ointments).
- Pregnancy or nursing status.
- Any other medical condition that may affect healing, bleeding, or infection risk.
3.3 Aftercare Instructions (Written + Acknowledgement)
- Written Instructions: Provide standardized written aftercare instructions covering cleaning, ointment use, bandaging, sun exposure, water submersion, activity restrictions, and signs of infection.
- Verbal Review: Staff/Artist reviews key points with the client at completion of the procedure.
- Acknowledgement: A signed receipt confirming the client received and understands written and verbal instructions, as required by SC Regulation 60-111.
3.4 Age Verification (Mandatory)
- Under South Carolina law, it is a felony to tattoo anyone under the age of 18 (S.C. Code Ann. § 44-34-100).
- Requirement: A copy (scan/photo) of a valid government-issued photo ID must be maintained on file for every client.
4. Intellectual Property (IP) and Artistic Ownership
As the Studio specializes in custom designs, protecting the Artist’s creative assets is paramount.
4. INTELLECTUAL PROPERTY PROTECTION
Outlines the ownership of custom designs and the licensing rights for clients.
4.1 Copyright Retention
- Ownership: All custom sketches, stencils, and final tattoo designs created by Yeins Gomez remain the exclusive intellectual property of the Artist.
- Usage License (Personal Display): The client is granted a limited, non-transferable, non-sublicensable license to display the tattoo artwork on their body and to share personal photos of the tattoo for non-commercial purposes.
- No Reproduction/Derivative Works: Clients are prohibited from reproducing the design (including printing, digital tracing, NFTs, AI training datasets, or derivative artwork) without prior written consent.
- Commercial Restrictions: Clients are prohibited from reproducing the design for commercial sale (e.g., apparel, merchandise, branding, advertising) without a separate written licensing agreement.
- Artist Reuse of Concepts: The Studio retains the right to reuse general concepts, styles, and non-identifying design elements unless a separate exclusivity agreement is signed.
4.2 Portfolio and Marketing Release
- Photographic Rights: A signed release allowing the Artist to photograph the finished work and use said images for social media, marketing, and portfolio purposes.
- Client Confidentiality Option: Where requested, the Studio may agree in writing to omit client-identifying information (e.g., name, face) from posts while retaining the right to show the tattoo itself.
5. Health and Hygiene Compliance (SC Regulation 60-111)
To maintain the tattooing license in Greenville, SC, the Studio must document:
- Sterilization Logs: Records of single-use needle disposal and autoclave cycles (if applicable).
- Pigment Tracking: Maintenance of lot numbers and manufacturer data for all inks used.
- Aftercare Instruction Acknowledgement: A signed receipt confirming the client received written and verbal instructions for post-procedure care.
6. Dispute Resolution
All legal disputes arising from services rendered in Greenville, SC, shall be governed by the laws of the State of South Carolina. Any claims shall be settled via mandatory arbitration within the County of Greenville to mitigate litigation costs.
7. RECORD KEEPING
Standards for maintaining secure digital records of all signed documents and age verification (18+).
7.1 Records to Maintain (Minimum)
- Signed Informed Consent and Liability Waiver for each procedure.
- Completed Medical Disclosure Checklist for each procedure.
- Signed Aftercare Instruction Acknowledgement for each procedure.
- Age Verification record: copy (scan/photo) of government-issued photo ID confirming 18+.
- Any portfolio/marketing release or confidentiality addendum, if applicable.
- Relevant sterilization, pigment, and procedure logs referenced in this framework.
7.2 Security and Storage Standards (Digital Records)
- Secure Storage: Store records in a secure digital system with access controls (unique user logins; role-based access where feasible).
- Encryption: Use encryption in transit and at rest where available (e.g., secure cloud storage configured with encryption).
- Least-Access Principle: Limit access to the Artist/authorized staff who need records for operations or compliance.
- Backups: Maintain regular backups to reduce loss risk.
- Incident Response: Document steps for responding to suspected unauthorized access or data loss involving client records.
7.3 Integrity, Retrieval, and Audit Readiness
- Legibility & Completeness: Ensure records are legible, dated, and associated with the correct client/session.
- Retrievability: Maintain an organized naming/indexing convention for quick retrieval by client name and date of service.
- Change Control: If corrections are needed, preserve the original record and log the reason/date of the update.
7.4 ID Verification Handling (18+)
- Verification Step: Confirm the client’s identity in person using a valid government-issued photo ID prior to service.
- Secure Retention: Store ID copies securely with the corresponding signed documents and restrict access due to sensitive personal data.