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Significance of Risk Disclosure for Permanent Make-up
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Carrying out aesthetic treatments, such as in the field of permanent make-up, is regularly associated with specific risks. Against this background, the question arises as to the extent to which practitioners have a duty to inform their clients in advance about possible complications and undesirable consequences. On 16 December 2025 (case no.: 191 C 11493/25), the Local Court of Munich addressed the requirements for proper risk disclosure.
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Scope of the Duty to Inform
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Key Requirements for Disclosure
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Providers of permanent make-up have an obligation to inform clients transparently about potential risks prior to the treatment. This includes, in particular, individual special circumstances as well as typical complications that may be associated with the procedure. In the view of the Local Court of Munich, it is not sufficient to provide information only about how the treatment will proceed. Rather, the disclosure must be designed in such a way that the client can make an informed decision about whether to undergo the treatment.
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Written Form and Verifiability
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The judgment emphasizes that the documentation of choice as well as the risk disclosure should generally be carried out in a comprehensible form. In the specific proceedings, the absence of corresponding records of the consultation was assessed to the detriment of the provider. The court focused on the fact that the mere handing over of a treatment contract without clear proof of prior, comprehensive risk disclosure does not meet the requirements.
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Legal Consequences of Inadequate Disclosure
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Claims for Repayment and Damages
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If the court concludes that the duties to inform were not properly fulfilled, this can entail far-reaching consequences. In the present case, the affected client was entitled to repayment of the fee already paid, because had she been aware of the risks she would presumably have decided against undergoing the treatment. In addition, omitted or inadequate risk disclosure may, under certain circumstances, also form the basis for further claims for damages.
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Assessment Based on the Circumstances of the Individual Case
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The judgment of the Local Court of Munich underscores that the requirements regarding the scope and presentation of risk disclosure must always be assessed on the basis of the circumstances of the specific individual case. In this context, the respective documentation and the individual consultation situation are of decisive importance. Insofar as the judgment is not yet final, the presumption of innocence applies. Source: https://urteile.news/AG-Muenchen_191-C-1149325_Risikoaufklaerung-bei-Permanent-Make-Up~N35643.
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Have Contracts in the Context of Aesthetic Treatments Reviewed
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The proceedings illustrate how important careful structuring and documentation of risk disclosure is in the area of cosmetic treatments. Companies and private investors who are tasked with drafting or reviewing contractual documents can benefit from a well-founded examination of the relevant legal framework conditions. For further legal questions in connection with contract conclusions and the liability regime in the area of aesthetic treatment contracts, an individual review is recommended. MTR Legal provides a corresponding legal analysis as well as further information under the offering Legal Advice in Contract Law.
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