Release and Waiver of Liability
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 ORION MPULSE 30 PULSE ARGON 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 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.
I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST LINKED PERMANENT JEWELRY TRAINING, LLC 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 LINKED PERMANENT JEWELRY TRAINING COURSE AND WELDING MACHINE USAGE, AND PROCUREMENT OF PERMANENT JEWELRY OR OTHERWISE. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST LINKED PERMANENT JEWELRY TRAINING, LLC OR ANY OTHER RELEASEE AND FOREVER RELEASE AND DISCHARGE LINKED PERMANENT JEWELRY TRAINING, LLC AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS.
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 for the procurement
of permanent jewelry (hereinafter referred to as “the Activity”); and (b) am not experiencing medical conditions by which would increase the risk for injury when using the machine or otherwise. I will also follow all instructions, recommendations, and cautions of LINKED Permanent Jewelry Training at all times and complete all course material and modules before operating my welding machine. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, I will immediately discontinue further participation in the Activity. I acknowledge that LINKED Permanent Jewelry Training, LLC is relying on these statements to allow me to participate in the Activity. 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 LINKED Permanent Jewelry Training, LLC from any claim based on such treatment or other medical services. This Release constitutes the sole and entire agreement of LINKED Permanent Jewelry Training, LLC 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 LINKED Permanent Jewelry Training, LLC 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 Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas 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 Texas. I hereby consent to the exclusive jurisdiction of such courts.
BY CHECKING THE BOX, 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 LINKED PERMANENT JEWELRY TRAINING, LLC.