Virginia
Virginia’s Supreme Court has enforced a deposit written as non-refundable, in a case involving real estate. A kept deposit holds when the cost of a no-show was uncertain and hard to pin down when the client booked, and the amount is not out of all proportion to the probable loss; the client challenging it carries the burden of proof. A deposit grossly in excess of any real loss is a penalty. Signing the policy does not stop a client from challenging the amount later, so a shop needs to be able to say what the deposit covers.
Does a non-refundable deposit hold up in Virginia?
The law’s word for a set sum agreed in advance is liquidated damages.
The Supreme Court of Virginia lets parties agree in advance on compensation when the actual damages were uncertain and hard to determine at the time and the amount is not out of all proportion to the probable loss. In Boots, Inc. v. Singh, it enforced a contract saying the deposit shall be non-refundable after a deadline passed, held such a clause invalid only when the damages were certain or the amount out of all proportion, and put the burden of proof on the person challenging it. A clause is a penalty when the damage can be measured definitely or the amount is grossly in excess of actual damages (Brooks v. Bankson), and a party who signed one can still challenge it later (O’Brian v. Langley School).
“a liquidated damages clause is invalid only when the actual damages contemplated at the time of the agreement are shown to be certain and not difficult to determine or the stipulated amount is out of all proportion to the actual damages” Boots, Inc. v. Singh, 274 Va. 513, 649 S.E.2d 695 (2007) · Brooks v. Bankson, 248 Va. 197, 445 S.E.2d 473 (1994) · O'Brian v. Langley School, 256 Va. 547, 507 S.E.2d 363 (1998)
Showing your refund policy
Section 59.1-200(A)(16) of the Consumer Protection Act requires a seller to disclose its conditions, charges and fees for returning goods for a refund, exchange or credit, on a sign attached to the goods or posted in a conspicuous public area, and a seller that allows no refund, exchange or credit has to say so on a similar sign. It does not apply to a merchant that gives a cash refund or credit for at least 20 days after purchase, or to special orders. It covers goods, such as jewelry or aftercare products a shop sells, and does not reach a service deposit.
“to disclose all conditions, charges, or fees relating to: a. The return of goods for refund, exchange, or credit. ... If the supplier does not permit a refund, exchange, or credit for return, he shall so state on a similar sign.” Va. Code § 59.1-200
Body-art rules and money
Nothing about deposits or refunds in Virginia’s tattooing regulations (18VAC41-50, Board for Barbers and Cosmetology), read section by section. The money in them is license fees paid to the Board, not by clients.
What reaches your deposit page
The total cost with mandatory fees, for goods and continuous services
The Consumer Protection Act makes it unlawful to fail to disclose the total cost of a good or continuous service, including any mandatory fees or charges, before an agreement is made. Its words are written for a good or a continuous service, not a one-time appointment.
“Failing to disclose the total cost of a good or continuous service ... including any mandatory fees or charges, prior to entering into an agreement.” Va. Code § 59.1-200(A)(79)
- 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.