California
California has a statute for this, and for a client’s deposit it uses its strictest test. Civil Code § 1671(d) makes a kept deposit on a consumer’s personal service void unless the actual loss would be impracticable or extremely difficult to measure, and the amount came from a reasonable effort to estimate a fair average loss. A deposit sized to what a missed appointment really costs the shop is on firmer ground than one that keeps whatever was paid; a deposit sized to deter is void, and the shop is left proving its actual loss.
Does a non-refundable deposit hold up in California?
The general rule in § 1671(b) does not reach a contract for services bought for personal, family or household use, so § 1671(d) governs a tattoo appointment. The California Supreme Court calls it a strict standard kept for consumer goods and services: the amount must come from a reasonable effort to estimate a fair average loss, and a sum with no proportional relation to the damage that could actually follow is a penalty. Both halves must be met. In Beasley v. Wells Fargo Bank, fees failed because no such estimate had been made, and the bank recovered only its actual damages.
“... is void except that the parties to such a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.” Cal. Civ. Code § 1671 · Ridgley v. Topa Thrift & Loan Assn. (1998) 17 Cal.4th 970 · Beasley v. Wells Fargo Bank (1991) 235 Cal.App.3d 1383
Showing your refund policy
Business and Professions Code § 17538(d) reaches a service paid for online: before the payment, the buyer is shown the refund policy, the business’s legal name and the complete street address it works from. A violation is a misdemeanor, and when a buyer is allowed to cancel a service, the refund is due within 30 days. Civil Code § 1723, the posted no-refund policy, reaches goods only, such as a piercing shop’s jewelry and aftercare sales, and not a tattoo deposit.
“Before accepting any payment or processing any debit or credit charge or funds transfer, the vendor shall disclose to the buyer ... the vendor's return and refund policy, the legal name under which the business is conducted and ... the complete street address from which the business is actually conducted.” Cal. Bus. & Prof. Code § 17538 · Cal. Civ. Code § 1723
- The pay screen shows your whole policy before your client pays, with your shop’s city and state under its name when they are on file. It does not print a legal business name or a street address on its own. A shop that wants both in front of the client before payment puts its legal business name and street address in its policy, which the pay screen shows in full.
- Your whole deposit policy is on the pay screen above a box your client ticks, and the Pay button stays off until they tick it. The deposit keeps the exact words and the moment they agreed.
Body-art rules and money
Nothing about deposits, refunds or prices in the Safe Body Art Act, which counties enforce. Its only money is registration and permit fees.
Read: Safe Body Art Act, Cal. Health & Safety Code §§ 119300 to 119328
What reaches your deposit page
A price shown must include every mandatory fee
The Consumers Legal Remedies Act makes it unlawful to advertise, display or offer a price for a good or service that leaves out a mandatory fee or charge, other than government taxes and shipping.
“Advertising, displaying, or offering a price for a good or service that does not include all mandatory fees or charges” Cal. Civ. Code § 1770(a)(29)
- You can pay the $3.99 fee yourself: it is one switch in Set-up, the second tab of Deposits in your dashboard. Then your client pays exactly the deposit and sees no fee anywhere, so every amount on your deposit page is exactly what your client pays. When your client pays the fee instead, the pay screen lists the deposit, the fee and the total, and the Pay button says the total, but the buttons on your deposit page show the deposit alone.
This page summarizes public law in plain language, with the source each point comes from, read at the source on 2026-09-23. It is not legal advice.