[Direct answer]In the Beijing area, the exemption clauses causing personal injury are invalid, and the unreasonable exemption clauses in standard form may also be invalid. According to Article 506 of the Civil Code of the People's Republic of China (effective from January 1, 2021), the following exemption clauses in contracts are invalid: those causing personal injury to the other party; and those causing property losses to the other party due to intentional or gross negligence. At the same time, Article 497 stipulates that if the party providing the standard terms unreasonably exempts or mitigates its liability, increases the other party's liability, or restricts the other party's main rights, the standard terms shall be invalid. Medical beauty institutions typically include clauses such as "no responsibility whatsoever" and "no guarantee of results, risks assumed by the client" in their contracts. If personal injury is involved, it is usually difficult to use these clauses to exempt liability. The action plan is to review whether the clauses constitute invalid exemptions of liability and to preserve evidence of preoperative communication and publicity.

1. Problem background and typical scenarios

Before undergoing medical cosmetology procedures, institutions often hand out a thick contract and informed consent form, which states that "the postoperative results may vary from person to person" and "the institution does not assume responsibility for any consequences caused by individual constitutions". Once failures or infections occur, institutions often use these clauses to evade responsibility. Whether these disclaimers are legally binding directly affects whether compensation can be claimed.

II. Key points of contention

First, the effectiveness of the exemption clause causing personal injury. Second, the obligation to provide explanations for standard clauses and the circumstances of their invalidation. Third, the difference between informed consent forms and exemption clauses. Fourth, whether the institution's concealment of the true situation constitutes fraud. Fifth, the scope of compensation after the exemption clause is invalidated.

III. Professional analysis by Henglue Lawyers

The effectiveness of standard clauses and exemption clauses is a recurring point of contention in medical aesthetic disputes. The two types of cases handled by Henglue Lawyers illustrate the judicial rulings from different perspectives. First, in a personal insurance contract dispute, the insured purchased accidental death insurance for a family member, with the agreement stipulating compensation for external, sudden, unintended, and non-disease-related injuries. However, the insured choked while eating and died after resuscitation attempts, leading the insurer to deny compensation on the grounds that the incident did not meet the definition of accidental injury. The lawyer adopted a two-pronged strategy: on the one hand, establishing a complete chain of performance and breach of contract claims; on the other hand, citing Article 30 of the Insurance Law of the People's Republic of China on the unfavorable interpretation of standard clauses in negotiations, pointing out that when there are ambiguities in the interpretation of accidental injury, the interpretation should be in favor of the insured. Ultimately, the parties secured insurance compensation through mediation under the court's supervision. Second, in a medical aesthetic service contract dispute, the institution claimed to be a branch of a well-known tertiary-level hospital, but the patient discovered after the fact that the institution was actually a private beauty hospital. The lawyer argued that the institution's concealment of the true situation and misleading the patient into signing the contract constituted fraud, for which the institution should bear corresponding liability. Ultimately, the institution agreed to refund the payment through court mediation. These two cases jointly demonstrate that standard clauses and exemption clauses are not "automatically effective upon signing". When the clauses unreasonably exempt themselves from liability, restrict the other party's main rights, or involve causing personal injury, the relevant clauses are often deemed invalid. Moreover, the institution's concealment of the true situation and false advertising may constitute fraud, triggering heavier compensation liability. In the case of medical aesthetics, clauses such as "risk assumed by the insured" and "no liability whatsoever" cannot exempt the institution from liability for personal injury caused by its own negligence. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action List: 1. Review whether the exemption clauses in the contract and informed consent form involve personal injury; 2. Claim that the provider fulfilled its obligation to provide adequate warnings and explanations regarding standard contractual terms, and assert that unfulfilled obligations do not constitute part of the contract; 3. Preserve preoperative communication records, promotional materials, and payment receipts to document evidence of fraud; 4. If the institution concealed the truth, assert fraud and request corresponding compensation; 5. If mediation fails, initiate legal action to claim medical expenses and actual damages. Main legal basis: Articles 496, 497, and 506 of the Civil Code of the People's Republic of China (effective since January 1, 2021); Article 55 of the Consumer Rights and Interests Protection Law of the People's Republic of China (amended in 2013); Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

There are three disclaimers in medical cosmetology: the disclaimers of personal injury are invalid; the unreasonable disclaimers in standard clauses are also invalid; and if the true situation is concealed, the victim can claim fraud. For cases involving personal injury and medical disputes, the victim can seek legal redress through legal channels.Personal injury and medical disputesWe can provide a comprehensive solution for services, which includes the integration of service contracts and fraud prevention measures.Business and contract disputes in enterprisesFor plates involving special consumer services, you can refer to the following for referenceSpecial servicesFor any inquiries regarding corporate compliance, please feel free to contact us.Intellectual property and corporate lawTeams involved in the enforcement of compensation payments can provide more information about this matterCreditor's rights and debts, and enforcementFor any questions or difficulties, please contact us via the column's contact information.Special servicesTeam.

VI. Frequently Asked Questions

Q1: If I sign an agreement stating that "all risks are borne by the signatory", can I still file a claim for compensation?

Yes. The exemption clauses involving personal injury are invalid; if the failure is due to the institution's fault, even if the risk-assuming clause has been signed, the victim can still claim compensation.

Q2: What evidence is needed to claim that the disclaimer clause is invalid?

It is necessary to provide the original contract and informed consent form, clues indicating that the institution failed to fulfill its obligation to provide sufficient explanations, medical records of postoperative damages, and communication records showing discrepancies between the promotional materials and the actual situation.

Q3: How much does it cost to protect one's rights in the medical beauty industry?

There are no fees during the negotiation stage; litigation fees are paid according to the standards for property cases, which are related to the amount of the claim. If appraisal is involved, additional appraisal fees will be charged.

Q4: How long does it usually take to resolve such disputes?

The negotiation period is shorter and faster; if the case proceeds to litigation, the trial period usually lasts for several months, and the appraisal process will be correspondingly prolonged. It is recommended to fix the evidence first.

Q5: If an institution uses "individual differences" to shirk responsibility, what should I do?

Individual differences do not equal institutional exemption from liability. Whether there were operational errors or insufficient preoperative disclosures should be determined based on the medical records and expert evaluations. On this basis, claims for compensation should be made and evidence from promotional materials should be preserved.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence to avoid missing the statutory time limit.Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.