Can Your Cosmetic Clinic Charge Cancellation Fees?

Can my cosmetic clinic charge a cancellation fee if a client cancels late or doesn't show up?

Yes, in many cases you can. The reassuring part is that Australian law doesn't stop you from using deposits, booking terms or cancellation fees to protect high-value appointments. The catch is that your policy needs to be clear, fair and proportionate.

For cosmetic injectables clinics, this matters a lot. A no-show can leave you with an empty chair, unused clinical time, rostered staff and a gap that may be hard to fill at short notice.

The best cancellation policy is one your clients understand before they book, and one you can confidently apply when something goes wrong.

Can A Cosmetic Clinic Legally Charge A Cancellation Fee?

Yes, you can usually charge a cancellation fee if the client was told about it before booking and the fee is reasonable in the circumstances.

Your cancellation policy forms part of your client terms and conditions. That contract might be made through your website booking flow, online booking platform, intake form, SMS confirmation, email confirmation or in-clinic terms and conditions.

For the fee to be easier to enforce, your client should know:

• when the fee applies, such as cancellations within 24 or 48 hours
• how much the fee is, or how it will be calculated
• whether a deposit is refundable, non-refundable or credited to treatment
• what happens if they don't attend
• what happens if treatment can't safely proceed
• how rescheduling works

A cancellation fee shouldn't be a punishment. It should be connected to the loss your clinic is likely to suffer from the late cancellation or no-show.

For example, a $50 late cancellation fee for a short consult may be easier to justify than keeping a $500 deposit for a treatment the clinic can easily rebook with another client. On the other hand, a higher fee may be more reasonable for a long, high-value appointment where you rostered a nurse, blocked out a treatment room and couldn't fill the slot.

How Does The Australian Consumer Law Affect Cancellation Policies?

The Australian Consumer Law affects your cancellation policy because it limits unfair, misleading or unreasonable terms in consumer contracts.

The Australian Consumer Law, which sits in Schedule 2 of the Competition and Consumer Act 2010, applies when you provide services to clients. Cosmetic clinics also need to think carefully about consumer guarantees, unfair contract terms and misleading conduct in their booking terms.

Consumer Guarantees

When you provide cosmetic treatment services, you must provide them with due care and skill. You also need to supply services within a reasonable time if no time is agreed, and ensure they're fit for the purpose the client made known to you.

This means your policy shouldn't say things like:

• all payments are non-refundable in every situation
• the clinic can cancel at any time and keep the client's deposit
• clients have no rights if the clinic makes a mistake
• refunds are never available, no matter what happens

Those kinds of terms can cut across rights your clients have under the Australian Consumer Law.

Unfair Contract Terms

If you use standard online booking terms, they may be treated as a standard form consumer contract. Since the unfair contract term reforms that took effect on 9 November 2023, unfair terms aren't just void. Businesses can also face penalties for using or relying on them.

A term is at risk of being unfair if it:

• causes a significant imbalance between you and the client
• isn't reasonably necessary to protect your legitimate business interests
• would cause detriment to the client if you rely on it

For a cosmetic clinic cancellation policy, the key question is usually whether the amount you keep is genuinely connected to protecting your clinic, or whether it goes too far.

Misleading Or Deceptive Conduct

Your policy and website terms also need to match what actually happens in practice. If your website says a deposit is refundable with 48 hours' notice, your team shouldn't tell clients the deposit is never refundable.

Small inconsistencies can become a real problem. Make sure your website, booking platform, SMS reminders, in-clinic scripts and staff training all line up.

What Is A Reasonable Deposit For Cosmetic Treatments?

It depends on the value of the appointment, but a reasonable deposit is usually one that reflects the booking risk to your clinic rather than an arbitrary amount.

There's no one fixed legal percentage for cosmetic treatment deposits in Australia. A clinic offering anti-wrinkle injections may choose a different structure to a clinic offering longer appointments, combination treatments or prescriber consultations.

You might structure your deposit as:

• a flat booking deposit, such as $50 or $100
• a percentage of the estimated treatment fee
• a consult fee that's credited towards treatment if the client proceeds
• a pre-authorisation on the client's card, charged only if the policy is triggered
• a deposit for specific high-demand practitioners or peak appointment times

The wording matters. If your terms of sale call the payment a treatment deposit, clients may reasonably expect it to be credited towards treatment. If you call it a consultation fee, you should be clear about whether it covers the consult even if no treatment is performed.

Say Mia runs an injectables clinic in Melbourne. Her Saturday appointments are booked weeks ahead, and a 90-minute appointment often involves a nurse, prescriber availability and room preparation. Mia's clinic charges a $100 deposit, credited to the treatment cost. If a client cancels with at least 48 hours' notice, the deposit can be refunded or moved once. If the client cancels 3 hours before, the clinic keeps the deposit because it's unlikely to fill the slot.

That's usually more defensible than a policy saying the clinic keeps the entire estimated treatment price for any cancellation within 7 days, no matter what loss the clinic actually suffers.

Can You Keep A Deposit If A Client Does Not Show Up?

Yes, you can usually keep a deposit for a no-show if your terms clearly say this before the client books and the amount is reasonable.

No-shows are one of the strongest reasons for a deposit policy. If the client simply doesn't attend, your clinic may have no realistic chance to fill the appointment.

Your no-show clause should say:

• what counts as a no-show, such as being more than 15 minutes late
• whether the deposit is forfeited
• whether any remaining amount can be charged
• whether repeat no-shows require prepayment for future bookings
• whether the clinic can refuse future bookings from repeat no-shows

If you want to charge a card after a no-show, make sure the client has authorised that charge. Your booking flow should clearly explain that their card may be charged if they breach the cancellation policy.

You should also be careful with how you collect and store payment information. If your clinic uses a booking platform or payment provider, check that card details are handled securely. Cosmetic clinics that provide health services and hold health information are generally covered by the Privacy Act 1988 even if their annual turnover is $3 million or less. Health information is sensitive information, so take extra care with intake forms, treatment records, payment details and your privacy policy.

What If The Client Cancels Because They Are Unwell?

It depends on your policy and the circumstances, but you should allow some flexibility where illness creates a safety issue.

Cosmetic injectables aren't the same as a haircut or standard beauty appointment. There may be medical reasons why treatment shouldn't go ahead, including illness, infection, pregnancy, breastfeeding, recent procedures, certain medications or other contraindications.

Your policy can still protect your business, but it shouldn't pressure clients to attend when they're unwell or not suitable for treatment. That can create bigger clinical, regulatory and reputational issues than the lost appointment fee.

A balanced approach might include:

• requiring clients to tell you as soon as they know they can't safely attend
• allowing one reschedule for illness if they contact you before the appointment time
• asking for supporting information only where it's reasonable and handled sensitively
• making clear that repeat late changes may lead to a forfeited deposit
• keeping discretion for your clinical team to waive or reduce a fee

Try to separate genuine safety issues from convenience cancellations. A client who wakes up sick and contacts you early is different from a client who repeatedly cancels 10 minutes before the appointment because their plans changed.

What If Treatment Cannot Safely Proceed After The Consult?

If treatment can't safely proceed and the client has been honest with you, you'll often need to refund the treatment component or offer a fair reschedule.

This is one of the biggest traps for cosmetic clinics. A client may book for lip filler, pay a deposit, attend the appointment and then be assessed as unsuitable on the day. Maybe they have a contraindication, an active infection, an unrealistic treatment goal or a clinical risk your practitioner isn't comfortable with.

If the clinic decides not to treat for safety reasons, you should be careful about automatically keeping the whole deposit. The client may argue they paid for a treatment they didn't receive, especially if your booking terms didn't clearly say the payment covered a separate consultation or assessment.

A fair policy might say:

• all treatments are subject to clinical assessment
• your practitioners can refuse or postpone treatment where it isn't clinically appropriate
• if treatment is postponed, the deposit may be transferred to a future suitable appointment
• if treatment can't proceed through no fault of the client, the treatment deposit will be refunded
• a clearly disclosed consultation fee may still be payable if a consultation was provided

The answer can change if the client failed to disclose relevant information after being asked clear screening questions. For example, if your booking form asks about pregnancy or certain medications and the client gives inaccurate information, it may be more reasonable to retain a booking fee or consult fee. Even then, the clause should be drafted carefully.

Cosmetic injectables can involve registered health practitioners, scheduled medicines and professional obligations. A cancellation policy should never override clinical judgement. If your practitioner decides treatment shouldn't proceed, your legal documents should support that decision rather than make your team feel locked into treating.

How Much Notice Should Your Cancellation Policy Require?

There's no fixed notice period under Australian law, but 24 to 48 hours is common and your timeframe should match how hard it's to refill the appointment.

For lower-value or shorter appointments, 24 hours may be enough. For high-value injectables appointments, longer consultations, cosmetic medical procedures or appointments with limited practitioner availability, 48 or 72 hours may be more appropriate.

When choosing your notice period, think about:

• how long the appointment runs
• whether you can realistically fill the slot from a waitlist
• whether the appointment requires a prescriber or specific practitioner
• whether staff are rostered specially for that appointment
• whether any consumables are prepared or ordered in advance
• whether the appointment time is in high demand

Your terms should also explain how notice is given. For example, do clients need to cancel through the booking platform, call the clinic, reply to an SMS or email reception?

If you use SMS reminders, make sure they don't accidentally soften the policy. A message saying reply N to cancel is fine, but if it doesn't mention the cancellation fee, clients may later say they didn't understand the consequence. A simple reminder such as late cancellations and no-shows may forfeit your deposit under our booking terms can help.

What Should Your Cosmetic Clinic Terms And Conditions Include?

Your terms should include clear booking, deposit, cancellation, rescheduling, suitability and refund rules that match how your clinic actually operates.

For cosmetic injectables, your terms and conditions should usually cover:

• Bookings: how appointments are made, confirmed and changed
• Deposits: the amount, when it's paid, and whether it's credited to treatment
• Cancellations: the notice period and fee that applies
• No-shows: what happens if the client doesn't attend or arrives too late
• Rescheduling: whether clients can move an appointment, how many times and within what period
• Clinical suitability: your right to refuse, postpone or modify treatment where it isn't clinically appropriate
• Refunds: when deposits or prepaid amounts will be refunded, credited or forfeited
• Consultation fees: whether a consult is separately charged and whether that fee is refundable
• Client information: the client's obligation to provide accurate health information
• Privacy: how you collect, use and store personal information and health information
• Promotions and packages: special rules for prepaid treatments, bundles or discounted offers

Templates can miss the details that matter in a cosmetic clinic, especially around medical suitability and deposits. Your documents work best when they reflect your booking system, staff workflow, treatment types and risk profile.

You should also make the terms easy to find. Ideally, clients tick a box or otherwise confirm they accept your terms before paying a deposit or confirming their appointment. A policy hidden on a back page of your website is much harder to rely on.

Common Mistakes To Avoid

The most common mistake is writing a strict policy that sounds strong but would be hard to defend if a client challenged it.

Watch out for these issues:

• Saying all deposits are non-refundable in every case: this can clash with consumer guarantee rights and unfair contract term rules.
• Charging the full treatment price for any late cancellation: this may look excessive if your actual loss is much lower.
• Not dealing with clinical suitability: injectables clinics need terms that explain treatment is subject to assessment.
• Letting staff make inconsistent promises: if one staff member says deposits are transferable and another says they're forfeited, disputes become harder to manage.
• Using vague wording: phrases like late cancellations may incur a fee are less helpful than a clear fee and notice period.
• Forgetting prepaid packages: package terms need to explain expiry, refunds, transferability and what happens if the client becomes unsuitable.
• Ignoring card charge authority: don't charge a client's card for a no-show unless your payment terms clearly allow it.

A practical policy doesn't need to be harsh. It just needs to set expectations early, protect your time and leave room for genuine safety or fairness issues.

Key Takeaways

• Cosmetic clinics can usually charge cancellation fees and keep deposits, but the policy must be clear, fair and reasonable.
• The Australian Consumer Law limits harsh refund terms, misleading policies and unfair standard form contract terms.
• Deposits should reflect your likely loss, not operate as a penalty for cancelling.
• Your policy should treat no-shows differently from genuine medical suitability issues or clinic-led cancellations.
• Injectables booking terms should cover deposits, rescheduling, no-shows, refunds, clinical assessment and client disclosure obligations.
• Clients should accept your terms before they book or pay, not after a dispute has already started.

If you'd like help with your booking terms, deposit wording, cancellation policy and cosmetic clinic terms and conditions, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.