Non-refundable tattoo deposits in Colorado

Colorado

In Colorado a kept deposit holds when the policy shows both sides meant it to stand in for the shop’s loss, and the amount, judged as of the day the client agreed, was a reasonable estimate of a loss that was hard to pin down. A client who says it is a penalty has to prove it, unless the amount is so out of proportion to any possible loss that it is a penalty on its face. So a deposit that is a modest share of the price of the work, sized to what a missed appointment costs, is on firmer ground than one that approaches the full price.

Read at the source 2026-09-23 · 5 sources · the leading cases are older, or from another setting than a tattoo deposit
Who has to prove it
The client
The client, to set it aside
Refund-policy law
None found
None that reaches a deposit
Body-art rules on money
No
Nothing about client deposits or refunds in the rules read
Reaches your deposit page
1 rule
Each one is below

Does a non-refundable deposit hold up in Colorado?

The Colorado Supreme Court’s test, from Rohauer v. Little (1987) and repeated in Klinger v. Adams County School District No. 50 (2006), asks whether the parties meant to set the damages in advance, whether the amount was a reasonable estimate of the actual damages a breach would cause, judged when the contract was made, and whether those damages were hard to work out as of that day. Rohauer is itself a deposit case: buyers who backed out said keeping their $20,000 earnest money, a buyer’s deposit toward a purchase, was a penalty, and the court was not persuaded. Unless the amount is on its face so out of proportion to any possible loss as to be a penalty, the party challenging it has to prove it is one, and Klinger calls that a question of fact, decided on the evidence in each case.

(1) whether the parties intended to liquidate damages; (2) whether the amount ... when viewed as of the time the contract was made, was a reasonable estimate of the presumed actual damages that the breach would cause; and (3) whether ... it was difficult to ascertain the amount of actual damagesRohauer v. Little, 736 P.2d 403 (Colo. 1987) · Klinger v. Adams County School District No. 50, 130 P.3d 1027 (Colo. 2006)

Showing your refund policy

No refund-policy disclosure law was found. Title 6 of the Colorado Revised Statutes (Consumer and Commercial Affairs), in the 2024 edition, was searched for “refund policy”, “return policy”, “cancellation policy” and “no refund”. “Cancellation policy” appears only in the automatic renewal law, and “no refund” only in a hearing aid form; neither reaches a one-time deposit.

Body-art rules and money

Nothing about deposits or refunds in the state’s Rules and Regulations Governing Body Art Establishments (6 CCR 1010-22, read in full) or in the body art statute (C.R.S. §§ 25-4-2101 to 25-4-2103).

Read: 6 CCR 1010-22 · C.R.S. §§ 25-4-2101 to 25-4-2103

What reaches your deposit page

The total must be a single number, more prominent than any other

Since January 1, 2026, a business that offers, displays or advertises an amount a person may pay for a service has to show the total price as a single number, not split into separate fees, and more prominently than any other price information. The total includes every amount that must be paid to get the service or that the person cannot reasonably avoid.

clearly and conspicuously discloses the total price for the good, service, or property as a single number without separating the total price into separate fees, charges, or amounts. The total price for the good, service, or property must be disclosed more prominently than any other pricing informationC.R.S. § 6-1-737 (House Bill 25-1090)
What deposits.tattoo does about it
  • 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.