New Regulations Governing Standard Form of Contract for Business of Providing Beauty Enhancement Services in Thailand

Currently, beauty enhancement services are becoming increasingly popular in Thailand, and with such increase in popularity, the Office of the Consumer Protection Board (“OCPB”) has received numerous complaints from consumers regarding unfair practices by certain business operators, such as unfair standardized contracts and the sale of courses, such as skin care courses or weight loss courses under unjust conditions.

According to the OCPB’s publication Re: OCPB Issues Strict Regulations for Beauty Enhancement Services Businesses published on 15 September 2025 on its website, in the past, the OCPB has found that the most common complaints involve unfair contract terms, such as the right to terminate the contract, forfeiture or refusal to refund money, prohibition of transferring service rights to others, or forfeiture of all service fees if the consumer is unable to use the service within the specified period. There also are contract clauses stating that service users cannot claim liability from the company or medical personnel if illness or injury occurs as a result of using the services. Another concerning issue is the aggressive sales tactics used by salespersons, who persuade and pressure consumers to make immediate decisions, resulting in many people paying large sums without carefully reviewing the contract details.

As a result, the Contracts Committee (“Committee”) issued new regulations, specifically the Notification Prescribing the Business of Providing Beauty Enhancement Services as a Contract-Controlled Business B.E. 2568 (2025) (“Notification”), by virtue of Section 35 bis and Section 35 octo of the Consumer Protection Act B.E. 2522 (1979) (as amended), declaring beauty enhancement services as a “contract-controlled business” and enforcing a “standard contract” to which all business operators must adhere. This is intended to build consumer confidence and make the standard contractual terms of the beauty enhancement industry transparent and fair. 

The Notification was published in the Government Gazette on 26 September 2025 and will come into force 120 days after its publication on 24 January 2026. 

Businesses providing beauty enhancement services should conduct a comprehensive compliance review of existing contract templates to ensure their compliance with the new regulatory standards. In addition, consumers should be aware of their rights when utilizing the services. The key points are as follows.

Scope of Application

The Notification applies to standard form contracts used in “business of providing beauty enhancement services”, which means a business of providing beauty enhancement services under an agreement that entitles a consumer to receive the services in a specified number of sessions or within a specified period. The services are provided by means of massage, spa treatments, or any other method for the purpose of cleanliness, beauty, or protection and care of the facial skin, body skin, and complexion, including weight-control and body-shape management, and include the provision of beauty enhancement services offered through electronic means. However, the scope excludes surgery, liposuction, or health rehabilitation that constitutes medical treatment of a disease carried out by a medical practitioner subject to laws applicable to medical professionals, or treatment of disease or illness carried out by a practitioner subject to laws on the practice of the art of healing.

Summary of Key Provisions

The key provisions in the Notification include the following.

1. Standard form for and items in beauty enhancement service contracts 

The Notification requires that a beauty enhancement service contract between a business operator and a consumer be written in the Thai language, with text that is clearly visible and legible, with characters not smaller than two millimetres in height and not exceeding eleven characters per inch. If a beauty enhancement service contract is entered into through electronic means, the contract must include Thai-language text that is clearly visible and legible in accordance with the law on electronic transactions. The contract terms must cover the essential elements and conditions specified in the contract template annexed to this Notification. A few examples of the essential items a standard form contract must include are:

-    the names, addresses, and telephone numbers of both the consumer and the business operator, the authorised director’s name, or the authorised representative of the business operator under a power of attorney which must be shown to the consumer;  

-    details of the services, including the method, medical devices, tools, equipment, products, and conditions for receiving the service;

-    consumer information, such as existing medical conditions, history of allergies to medications/food/dietary supplements/skincare products/other, weight, and height;

-    name of the specialist practitioner in beauty enhancement services and his/her professional licence number, or the name of the specialist beauty enhancement staff member;

-    start and end dates of the service conditions or membership period, and number of service entitlements (e.g., number of service sessions); and    

-    total fees and fee breakdowns, i.e., service fees, membership fees, product fees, etc., as well as the payment method and payment conditions.

A beauty enhancement service contract must be prepared in two counterparts, both of which must be identical in content, and the business operator must deliver a counterpart of the contract to the consumer immediately upon the signing of the contract. If a beauty enhancement service contract is made through electronic channels, the business operator must deliver the contract through electronic means in accordance with the law on electronic transactions.

2. Consumer’s right to terminate the contract and to receive refund

The contract must contain a condition permitting the consumer to terminate the contract and to receive a refund in any of the following situations:

-    if the consumer has not used any services within seven days from the date of payment, the consumer can terminate the contract without any penalty, in which case, the business operator must refund all payments to the consumer in full;

-    in the following cases, the consumer can terminate the contract and the business operator must refund the consumer proportionately for services not yet used: 

• the business operator closes the business, closes for renovation, or relocates the service premises, and the consumer cannot reasonably use the services at another location or branch;
• the business operator transfers the right to provide the services to a third party without the consumer’s consent; 
• the business operator is unable to provide the beauty enhancement services in accordance with the contract, provides them with an unreasonable delay, or provides inappropriate services that may endanger the consumer, and the business operator cannot correct the issue within seven days from the date of being notified;
• the business operator does not change the doctor or staff member providing the services in the case where that doctor or staff member fails to perform their duties with reasonable care, honesty, and diligence expected under the contract, or has a physical, mental, or behavioural condition that makes them unsuitable to provide the services;
• the consumer has medical certification confirming an illness or a health condition, such that continuing the beauty enhancement services may endanger their health or body, or the consumer is unable to continue receiving the services;
• the business operator provides inappropriate services that cause injury to the consumer due to the doctor or staff member lacking the necessary knowledge or expertise, or provides services using a doctor or specialist staff member, or equipment, that does not correspond to what is specified in the contract; and/or
• the business operator provides services using equipment that qualifies as a medical device in a manner that does not comply with the standards prescribed by the law on medical devices.

Refunds made in cash, bank transfer, or cheque must be completed within 15 days from the date of contract termination. Refunds made by credit card must be completed within 45 days from the date of contract termination, and the business operator is entitled to deduct any applicable credit-card processing fee.

3. Conditions that are prohibited in a contract

In addition to establishing the essential items and conditions that must be included in the contract, the Notification states that the contract between a business operator and a consumer must not include terms similar in nature, or having meaning equivalent to, the following:

-    any term that excludes or limits liability for a tort or for breach of contract in regard to damage to the consumer’s life, body, health, mind, or any other damage arising from the business operator’s provision of beauty enhancement services, including damage to or loss of property within the business premises;

-    any term that binds the consumer to announcements or criteria issued by the business operator without the consumer’s consent;

-    any term that gives the business operator the unilateral right to amend or change the beauty enhancement services, or to change service fees, membership fees, product prices, or any other charges collected from the consumer under the payment terms of the contract, in a way that increases the burden on the consumer beyond what existed when the contract was made;

-    any term that gives the business operator the right to terminate the contract with the consumer without written notice to the consumer, or in the case where the consumer has not breached a material term of the contract, entitles the business operator to retain all deposit money;

-    any term that provides that, if the consumer does not use the services within the specified period, the business operator may terminate the contract without prior notice and may retain the money already paid by the consumer;

-    any term that prohibits the consumer from cancelling the contract or requesting a refund of money already paid, or any term that provides that no refund of money paid by the consumer will be made in any circumstance;

-    any term that provides that an extension of the service period for beauty enhancement services takes effect automatically once the contract period expires; and

-    any term that gives the business operator the right to collect, compile, use, or disclose the consumer’s personal data in a manner inconsistent with the law on personal data protection.

4. Personal Data Protection Provisions

The contract must include a provision stipulating that the consumer is entitled to request their full service history from the business operator, and the business operator must provide it immediately unless there is a justifiable reason not to do so, and in any case must do so by no later than seven days from the date of the consumer’s request. The consumer is also entitled to request that the business operator delete or destroy the consumer’s personal data within seven days from the date of the request.

Penalties

According to Section 35 ter of the Consumer Protection Act B.E. 2522 (1979) (as amended), any deviation from or omission of the required contract clauses will result in the noncompliant provisions being deemed to have been automatically corrected to conform to the law. In addition, Section 35 quarter provides that any prohibited provision included in a contract shall be deemed not to exist. 

Pursuant to Section 57 of the Consumer Protection Act B.E. 2522 (1979) (as amended), any business operator who fails to deliver a contract with terms in accordance with Section 35 bis, within a period of time in accordance with Section 35 octo, shall be subject to imprisonment for a term not exceeding one year, a fine not exceeding 200,000 THB, or both.

This newsletter is intended merely to provide a regulatory overview, is not intended to be comprehensive, and does not constitute legal advice. If you have any questions on this or on other areas of law, please do not hesitate to contact:

Nuttaros Tangprasitti
Partner

Salisa Aninlabon
Counsel

Authors