• RELEASE AND WAIVER OF LIABILITY

    RELEASE AND WAIVER OF LIABILITY

  • I AM AWARE AND UNDERSTAND THAT PERMANENT JEWELRY REQUIRES THE DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY. PAIN, SUFFERING, DISABILITY, DEATH, PROPERTY DAMAGE AND/OR FINANCIAL LOSS. I ACKNOWLEDGE THESE RISKS, AND ANY INJURIES I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF MOONYX JEWELRY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR FIRST AID RESPONSE OF MOONYX JEWELRY. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN AND DESIRE TO OBTAIN PERMANENT JEWELRY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEALTH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING FROM MY PARTICIPATION IN THE PROCEDURE TO OBTAIN PERMANENT JEWELRY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF MOONYX JEWELRY OR OTHERWISE. I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST MOONYX JEWELRY AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "RELEASEES" ON ACCOUNT OF PERSONAL OR PSYCHOLOGICAL INJURY, ILLNESS, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, OR FINANCIAL LOSS ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN THE PROCEDURE TO OBTAIN PERMANENT JEWELRY, WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF MOONYX JEWELRY OR ANY RELEASEES OR OTHERWISE. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST MOONYX JEWELRY OR ANY OTHER RELEASEE AND FOREVER RELEASE AND DISCHARGE MOONYX JEWELRY AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS. THIS WAIVER AND RELEASE DO NOT EXTEND TO CLAIMS FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITIES THAT CALIFORNIA LAW DOES NOT PERMIT TO BE RELEASED BY AGREEMENT.

     

  • I confirm that I: (a) am in good health and proper physical condition and do not have any medical or other conditions that would impair my ability to participate in the procedure necessary to obtain permanent jewelry (hereinafter referred to as "the Activity"); and (b) am not experiencing symptoms of the Disease (such as cough, shortness of breath, sore throat, congestion, headache, muscle or body aches, chills, or fever), do not have a confirmed or suspected case of the Disease, and have not come in contact in the last fourteen [14] days with a person who has been confirmed to have or suspected of having the Disease. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity and the Disease while on the premises of MOONYX JEWELRY or participating in the Activity, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings and safety equipment. I will also follow all instructions, recommendations, and cautions of MOONYX JEWELRY at all times while on the premises or during the Activity. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, or I begin experiencing symptoms of the Discase, I will immediately discontinue further participation in the Activity. I acknowledge that MOONYX JEWELRY is relying on these statements to allow me to participate in the Activity. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the procedure to obtain permanent jewelry. I understand and agree that I am solely responsible for all costs of such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless MOONYX JEWELRY from any claim based on such treatment or other medical services. This Release constitutes the sole and entire agreement of MOONYX JEWELRY and me with respect to the subject matter contained herein and supersedes all prior and contemporancous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity. illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of MOONYX JEWELRY and me and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of CALIFORNIA without giving effect to any choice or conflict of law provision or rule (whether of the State of CALIFORNIA or any other jurisdiction Any claim or cause of action arising under this Release may be brought only in the federal and state courts in CALIFORNIA. I hereby consent to the exclusive jurisdiction of such courts.

    BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE MOONYX JEWELRY.

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  • Parents or Legal Guardians must complete

    Iam the parent or legal guardian of the minor named below. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Release and Waiver of Liability.

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  • Terms and Conditions Agreement for Permanent Jewelry:

    Our linkers employ an inspection process to ensure your jewelry is properly welded before you exit your appointment. The life of your jewelry depends on you & your lifestyle, activity level, job, and other external factors. One of the most important things to remember like most jewelry is to keep your jewelry out of high levels of chlorine and chemicals as these may deteriorate the structure of the gold on the jewelry. We do not guarantee a lifetime weld and we know that things happen so if your jewelry becomes undone within the first two months of your weld, I offer a one-time free weld. Often times medical procedures or MRIs require you to remove your jewelry, if you must remove your jewelry the removal process is simple, just cut at the jump ring (weld spot.) Don't worry about saving your jump ring, just save your piece. Bring it back to me and I will put a new jump ring and apply a new weld for just $10 each time after the first free weld. Although our pieces are durable, they are not indestructible, please use care and caution. The daintier the chain the more fragile it is. We DO NOT offer free replacements, refunds, or discounts for lost or snagged jewelry. With parental consent and accompaniment, we will weld anyone under the age of 14. Anyone under the age of 14 must be accompanied by an adult. All young people are responsible for the jewelry once it's on their body, please see above terms for lost jewelry.

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