RELEASE AND WAIVER OF LIABILITY
I AM AWARE AND UNDERSTAND THAT PERMANENT JEWELRY REQUIRES THE PROCEDURE OF WELDING JEWELRY AND SUCH PROCEDURE IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, PAIN, SUFFERING, DISABILITY, DEATH, PROPERTY DAMAGE AND/OR FINANCIAL LOSS. I AM ALSO AWARE OF THE POTENTIAL SHOCK AND/OR HARM FROM OPERATING THE PULSE ARC WELDER, THE HELIX ARC WELDING MACHINE, OR ANY OTHER WELDER (COLLECTIVELY, THE “WELDING MACHINE”) AND THE RISK THAT I MAY BE EXPOSED TO A SPARK, SHOCK, OR OTHERWISE WHILE OPERATING THE MACHINE WHICH MAY RESULT IN ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEALTH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. I ACKNOWLEDGE THAT IF I DO NOT WEAR THE EYEWEAR OFFERED, I AM ACCEPTING THE ABOVE RISKS. I ACKNOWLEDGE THESE RISKS, AND ANY INJURIES I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE NEGLIGENCE OF PROPER MACHINE OPERATION. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN AND DESIRE TO PROVIDE PERMANENT JEWELRY AS A SERVICE AND BUSINESS 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, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING FROM MY PARTICIPATION IN LINKED PERMANENT JEWELRY TRAINING EDUCATIONAL COURSE, WELDING MACHINE OPERATION, AND THE PROCUREMENT OF PERMANENT JEWELRY.
RELEASE AND WAIVER OF LIABILITY
I AM AWARE AND UNDERSTAND THAT PERMANENT JEWELRY REQUIRES THE PROCEDURE OF WELDING JEWELRY AND
SUCH PROCEDURE IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, PAIN,
SUFFERING, DISABILITY, DEATH, PROPERTY DAMAGE AND/OR FINANCIAL LOSS. ENGAGING IN OR
WHILE UNDERGOING THE PROCEDURE TO OBTAIN PERMANENT JEWELRY, WHICH MAY RESULT IN ILLNESS, PERSONAL
OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEALTH, 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 WICKED GEMS, INCLUDING NEGLIGENT
EMERGENCY RESPONSE OR FIRST AID RESPONSE OF WICKED GEMS. 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 PARTICITION IN THE PROCEDURE TO OBTAIN
PERMANENT JEWELRY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF WICKED GEMS OR OTHERWISE.
I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST
WICKED GEMS 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 WICKED GEMS OR ANY RELEASEES OR OTHERWISE. I COVENANT NOT
TO MAKE OR BRING ANY SUCH CLAIM AGAINST WICKED GEMS OR ANY OTHER RELEASEE AND FOREVER
RELEASE AND DISCHARGE WICKED GEMS 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 PENNSYLVANIA LAW DOES NOT PERMIT TO BE RELEASED BY AGREEMENT.
I confirm that I 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”). I will also follow all instructions, recommendations, and cautions of Wicked Gems at all times.
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 Wicked Gems from any claim based on such treatment or other medical services.
This Release constitutes the sole and entire agreement of Wicked Gems and me with respect to the subject matter contained
herein and supersedes all prior and contemporaneous 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 Wicked Gems 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 Pennsylvania without giving effect to any choice or conflict of law
provision or rule (whether of the State of Pennsylvania 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 Pennsylvania. 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 WICKED GEMS.