We are seeing a growing number of chapters host events at which aesthetic services like Botox and other injectables, lip flips, microneedling, dermaplaning, waxing, lash and brow services, spray tans, and similar treatments, are offered to members and sometimes their guests. Our position is that aesthetic services events can be permissible when the right safeguards are in place, but that medical and injectable procedures should be approached with significant caution and, where possible, avoided in a chapter setting altogether.

Medical and injectable procedures include Botox, dermal fillers, lip flips and lip injections, IV vitamin therapy/IV parties, piercings, tattoos, microneedling, and similar services. These are regulated medical procedures in nearly every state, with strict licensing and supervision requirements. In those cases, every recommendation in this paper should be met without exception.

Lower-risk cosmetic services include spray tans, waxing, lash and brow services, blowouts, makeup application, and manicures or pedicures. While the risk profile is lower, these services still typically require state licensure, still carry the potential for injury or reaction, and still warrant the precautions outlined below.

Anyone hired to perform an aesthetic service at a chapter event must meet the licensing requirements of the state in which the service will be performed. This is not optional and it is not satisfied by a verbal assurance. Before any contract is signed, the chapter must request and retain a copy of the provider’s current license, as well as the credentials of any supervising physician or medical director where state law requires one. The chapter must also obtain a copy of the provider’s certificate of insurance, which should show at least $1,000,000 of medical malpractice and general liability coverages.

Licensing requirements vary considerably by state. In some jurisdictions, only a physician, nurse practitioner, or physician assistant may administer Botox or fillers; in others, registered nurses may do so under physician supervision. Estheticians and cosmetologists are also licensed at the state level for the lower-risk services described above. A provider operating in one state is not necessarily credentialed in another, and if a provider cannot or will not produce a current license, the chapter should not move forward in any contract for services with that provider.

Every individual who participates in an aesthetic service at a chapter event should sign a liability waiver before the service is performed. This includes members, new members, alumnae, mothers, and any other guests, regardless of age or relationship to the chapter. While these kinds of events should be limited only to members whenever possible, for events like moms weekends, guests can be accommodated. The waiver provided by the service provider is in addition to, not in place of, any waiver required by your inter/national organization. A link to a sample waiver can be found here.

Members must never be required, expected, or socially pressured to receive a cosmetic service, and this is especially true where group discounts or pricing tiers are involved. If a provider offers a reduced rate when a certain number of members commit, individuals can feel obligated to participate so their sisters can access the discount. Chapters should structure these events so that no member is pressured to participate for the purpose of accessing a discount.

Whenever possible, aesthetic services should be performed at the provider’s licensed clinic or place of business rather than at the chapter facility. Holding the event at the provider’s location keeps the service within an environment already designed, equipped, insured, and inspected for that purpose. If these types of events must be hosted at the chapter house, they should be planned in close consultation with your organization to ensure that all risks have been managed accordingly.

If the event must take place at the chapter house or another non-clinical location, chapters should confirm that state law permits the service to be performed off-site at all. Many states restrict the administration of injectables and certain medical-grade procedures to licensed facilities.

Risk management is not only about insurance and liability. It is also about how an event reflects on the chapter, the inter/national organization, and the broader sorority experience. An event built around cosmetic procedures can send messages the chapter did not intend like that certain appearances are expected or that members should alter how they look in order to fully participate. These concerns are heightened when the event involves new members. We encourage chapters to ask whether the same bonding goals could be achieved through programming that does not carry the same reputational weight.

Should you have questions about a specific event you are considering, please contact MJ before signing a contract or committing to a date.

MJ Sorority offers the following position not as a directive, but as guidance to support informed decision-making. Ultimately, each sorority must evaluate the risks and make its own determination about what policies align with its values, resources, and risk tolerance.

Background
Some organizations have inquired about the feasibility of allowing minors—individuals under the age of 18—to stay overnight in chapter housing. While the desire may stem from efforts to accommodate family members or prospective members, this change introduces a number of complex insurance, legal, and operational considerations that should be carefully evaluated.

Insurance Limitations and Liability Exposure
The current General Liability (GL) insurance policy carried through the MJ Sorority program includes a $1,000,000 per occurrence limit. However, this coverage includes very limited protection for claims related to abuse or molestation and does not extend into your Excess Liability (umbrella) policy. Critically, the current underwriting model does not contemplate the exposure introduced by allowing minor guests to stay overnight. Introducing this risk could jeopardize your ability to retain insurance at current rates or could result in the denial of coverage for future claims.

The greatest concern from the insurer’s perspective involves the potential for abuse or molestation—whether involving a resident member, another guest, or even another minor. These are high-severity, low-frequency claims that are difficult to predict and expensive to litigate. They are also subject to “long-tail” exposure, meaning a minor who is harmed while on the premises retains the right to file a second claim upon reaching the age of majority if they are dissatisfied with the outcome of the original resolution.

Illustrative Example
In one case from a property insured by MJ Sorority, a four-year-old child suffered severe facial burns after falling against a hot water heater. While the child received cosmetic treatment and the claim was resolved at the time, an additional claim was filed at age 18 for further medical procedures. These types of claims are difficult for insurers to close out and significantly complicate the underwriting of this type of exposure.

Operational and Practical Considerations
Beyond insurance limitations, chapters must also consider the operational realities of accommodating minors in a communal, college-age living environment:

Recommendation
In our role as your risk management and insurance partner, MJ Sorority recommends against allowing minors to stay overnight in chapter housing due to the significant liability concerns, supervision challenges, and insurance limitations involved. However, we recognize that each sorority must make its own decisions based on the needs of its members and its willingness to accept associated risks.

If a chapter or national organization is considering this policy change, we strongly encourage early consultation with your MJ Sorority Client Executive to evaluate whether the risk is insurable and to understand the limitations of your existing coverage.

Conclusion
This position is intended to support your decision-making process by highlighting the key considerations involved in allowing minor guests to stay overnight in chapter housing. We understand that every sorority’s context and culture are different, and there is no one-size-fits-all solution. However, the risks are real and must be thoughtfully addressed through deliberate policy development, stakeholder communication, and alignment with your organization’s broader risk management practices.

In order to maintain a positive and supportive environment within sororities, as well as manage the risk of escalation during disagreements, it is essential to establish effective mechanisms for dispute resolution among sorority members.

As the cost and administrative burden of litigation continues to grow, MJ Sorority supports the inclusion of binding arbitration clauses in membership agreements as a fair and efficient form of dispute resolution. Binding arbitration clauses are standard practice in many industries today, and if executed thoughtfully, can benefit both the organization and its members.

Arbitration is a formal method of dispute resolution that provides an alternative to traditional litigation. Overseen by a neutral arbitrator or arbitrators, parties to a dispute present evidence, make arguments, and are bound by the arbitrator’s decision, much like the formal litigation process. However, there are some important distinctions between arbitration and litigation. Arbitration is a private process and typically much more efficient. Additionally, parties to an arbitration choose the arbitrator presiding together, or in the case of a tribunal, each choose an arbitrator, who then in conjunction with one another, choose the third arbitrator on the panel.

How do arbitration clauses become relevant during a dispute?

Typically, arbitration clauses are leaned upon when one of the parties to a dispute changes its mind about using the arbitration process and wants to “have their day in court.” The court then looks to the original agreement to determine the validity of the arbitration clause and if the language of the arbitration agreement passes muster, the court will hold the parties to their agreement and send the dispute to a neutral, third-party arbitrator.

This is why arbitration clauses should be presented as part of an organization’s membership agreement, ensuring that there is a clear written record from the moment a member joins the organization.

What are the key components of an arbitration clause?

To ensure that arbitration clauses included in membership agreements are enforceable, a few key components should be present:

Keeping these components in mind while drafting arbitration clauses will bolster their validity and ensure all parties have clear expectations of the arbitration process.

What are the challenges of binding arbitration? What concerns does MJ Sorority have with arbitration clauses?

When arbitration clauses first came into fashion in the early ‘00s, courts were mostly deferential to such clauses and did not entertain challenges to their validity. In the last 15 years, courts have become much more wary of arbitration clauses, in some cases, finding them unconscionable, meaning that they are held invalid.

Claims of unconscionability, while hard to win, are important to consider when drafting and distributing membership agreements with arbitration clauses.

What is the benefit of arbitration over mediation or traditional litigation?

The arbitration process is private, helping parties avoid potentially lengthy, public, and expensive litigation. Furthermore, unlike in mediation, the arbitration process authorizes a neutral arbitrator to make a decision about the dispute, including the arbitration award, which is then only confirmed by a court. Typically, the arbitration agreement will include language that waives the parties’ right to appeal on substantive grounds in a court of law, limiting costs for all involved.

What is MJ Sorority’s Opinion on arbitration for dispute resolution?

While organizations should examine arbitration laws in each state of chapter operation, binding arbitration clauses are generally recommended to be part of membership agreements. If used, these clauses should be carefully worded to be specific and reasonable to both the contracting member and the organization. Organizations must demonstrate that there is equal bargaining power between the contracting parties and that the language used is specific and unambiguous. Organizations should also put existing members that have not signed an updated membership agreement on notice of an arbitration program’s implementation and collect assent via signature where possible.

Further Information:

All About Waivers: Attorney and Client Executive, Estacia Brandenburg, joins us to discuss all that you need to know about liability waivers and sorority events. Sara and Estacia discuss the basics of liability waivers, our position on waivers, and several of your most frequently asked questions.

What’s the deal with kids at the chapter house/premises? – In this episode we discuss MJ’s position on kids, including many different possible scenarios and how the insurance program would respond.

Risky Activities – In this episode we discuss what risky activities are, why chapters should be concerned about risky activities, and some easy alternative activities.

Event Planning: All About Liquor Liability – In this episode we discuss liquor liability.

The Sorority held a new member retreat at a hotel. The members set up a ropes course at a nearby park. The ropes were approximately 6 feet off the ground. As a team building exercise, the new members had to help each other cross the rope without touching the ground. The second new member crossing the rope fell and broke her ankle. She had to undergo surgery to repair it.   

A lawsuit was filed and was eventually settled for $175,000. The investigation determined that new members were not given the option of not participating and the organizations guidelines indicated spotters were supposed to be used.  

During Parents Weekend, the mother of a member tripped over a wire that was run through the bottom of rocking chairs on the front porch of the house. The wire was gray and was a couple of inches off of the ground. The member’s mother sustained a significant injury to her elbow when she fell.  

A lawsuit was not filed. However, the claimant did retain legal counsel.  It was alleged that the sorority created a hazard by running the wire under the chairs and that the hazard should have been removed while invited guests were on the property. 

The claim settled for $450,000.  

A guest at the chapter’s barn dance was struck and killed by a drunk driver. The bus transporting members and their guests back to campus dropped the guest off prior to arriving at the drop off point at the guest’s request. The guest was later struck and killed by a drunk driver.  

A lawsuit was filed against the Sorority and bus company. It is alleged that the sorority failed to enforce its own policies to prevent invitees from exiting the party bus an unauthorized drop locations. 

The claimant sustained a brain injury during the chapter’s philanthropic football tournament. The chapter used University property to set up two football fields. The fields spanned the lateral width of a grassy area with retaining walls at the end zones. The claimant was attempting to catch a pass when he hit the retaining wall and landed on his head and shoulder on a brick sidewalk just passed the retaining wall. The claimant sustained an epidural hematoma and had to undergo an emergency craniotomy. It is alleged that the claimant will continue to experience difficulties associated with his injury for the rest of his life.   

A lawsuit was recently filed against the University and the Sorority. The lawsuit alleges the Sorority failed to exercise reasonable care to make a safe playing field and should have known the dangers of the retaining wall being so close to the end zone. 

The claim settled for $1,500,000. A waiver was not signed even though it was procedure for the Chapter to have them signed for this type of event. We were told that there was a good chance that the wavier would have held up.  

A guest at the chapter’s barn dance fell into the bonfire. The claimant stood on a log near the fire in order to have her picture taken. The claimant slipped and fell into the fire. According to the newspaper, the claimant’s blood alcohol level was 0.14. The claimant was of legal drinking age. 

A lawsuit has recently been filed against the sorority, the owner of the farm and the liquor store that provided the alcohol for the event. It is alleged in the lawsuit that the sorority did not provide the number of event monitor’s required by the University.