It's unclear whether you are entitled to the money back. Normally, if you provide the other party a deposit for work or services and they do not provide what they were supposed to (never do the work), you are entitled to the deposit back. However, if you caused someone to expend an unreasonable amount of effort by being too "picky" and/or by not providing clear-enough guidance, that person may have a claim for an amount of money commensurate with the time he or she spent, or have a claim based on the theory that you violated the "implied covenant of good faith and fair dealing" by being unreasonable about the acceptance process. If he could sustain such a claim, the amount a court determines that you would owe him would be offset against your claim for the return of the deposit, which would very possibly result in him being allowed to keep the deposit.While you could certainly try suing in small claims court, acting as your own attorney, where you would be risking little, it may be better to simply take the design you paid for  and seem to like to another tatoo artist to implement.