LUNA & GEM RELEASE & WAIVER OF LIABILITY
I have chosen to purchase a custom permanent jewelry piece, which involves having a chain fitted and welded together while on my body by Luna & Gem, hereinafter known as the “Service”. I understand and agree that the permanent jewelry item(s) are final sale when the chain is cut before Luna & Gem beings to perform the Service. Luna & Gem makes no representation or warranties concerning the Service or with respect to the purchased permanent jewelry item and disclaims any and all express and implied warranties.
In performing the Service, Luna & Gem will take reasonable precautions including using a protective cover over the skin and under the chain, and making available safety glasses for eye protection. However, Luna & Gem has advised me of and I understand that there are nevertheless inherent risks associated with receiving the Service, including but not limited to physical or psychological injury, pain, vision impairment, hazards to eyes, skins and other body parts, dangers of accidents, sickness, allergic reactions, financial or emotional loss, serious and permanent personal and bodily injury, and that by requesting Luna & Gem to perform the Service, I agree to assume all risks associated with the Service, both known and unknown to me. I have been given the opportunity to ask questions and have received satisfactory answers regarding the Service and its risks.
IN CONSIDERATION OF the risk of injury that can occur while receiving the Service, I HEREBY, for myself, my heirs, and assigns, executors, administrators, or personal representatives (hereinafter collectively, “Releasor”, “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this RELEASE & WAIVER OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Service; and
I HEREBY release and forever discharge Luna & Gem, and its members, owners, employees, affiliates, designers, managers, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, and successors (collectively “Luna & Gem Parties”) from and against any all claims, suits, or actions of any kind whatsoever for liability, damages, compensation or otherwise of any kind related but not limited to personal injury (psychological or physical injury), sickness, allergic reactions, complications , financial loss or damage to property arising as a consequence of the Service, failure to follow any safety recommendations from Luna & Gem and/or Luna & Gem Parties, or my use of the permanent jewelry item, regardless of the cause and of the negligence of Luna & Gem and/or Luna & Gem Parties.
I am voluntarily participating in the Service entirely at my own risk. I am aware of the risks associated with participating in the Service, which may include, but are not limited to: physical or psychological injury, pain, vision impairment or emotional loss. I assume all related risks, both known and unknown to me, of my participation in the Service.
I FURTHER AGREE to indemnify, defend and hold harmless Luna & Gem, and Luna & Gem Parties, against any all claims, suits, or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs in perpetuity.
I confirm that I do not have a pacemaker or any medical implant or device that the welding equipment could interfere with. I confirm that I do not have a sensitivity or allergy to any metals used in the Service, or any other medical condition that could be negatively affected by participating in the Service. I understand the important of this information for my safety and the safety of all involved in the Service.
I understand not to look directly at the “spark” during the welding process as doing so could severely affect my eyesight. It is my responsibility to wear the protective eyewear provided by Luna & Gem. I understand that any sudden movement could cause the welder to scratch or burn my skin or damage the jewelry piece. I acknowledge that it is my responsibility to sit still and not look directly at my permanent jewelry while it is being welded. If I am unable to do so, it is my responsibility to disclose this before the chain has been cut and should not participate in the Service.
I confirm that I am at least 18 years of age and am able to legally consent to participate in the Service, or If I am less than 18 years of age, I have a legal guardian or parent present and they have signed this form and agree to its terms.
I understand that Luna & Gem and Luna & Gem Parties may take photographs or record videos of the Service, including if the Service is being performed at private parties or pop-up events, for use within the Luna & Gem portfolio. The photographs and recordings will be used for marketing and promotional purposes. By signing this waiver, I am irrevocably authorizing Luna & Gem and Luna & Gem Parties to use, reproduce, edit, and display photographs and recordings, which may contain my image, likeness, appearance, and voice as they appear in the image or recording, in any medium or format whatsoever (including but not limited to social media sites, websites, marketing materials and emails, print publications, etc.) and on any platform for advertising and promotional purposes.
I FURTHER ACKNOWLEDGE that Luna & Gem and Luna & Gem Parties, are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Luna & Gem or Luna & Gem Parties.
In the event that one or more provisions of this Acknowledgement, Informed Consent, and Release becomes or is determined by a court of competent jurisdiction or arbitrator to be invalid, illegal or unenforceable in any respect, then the enforceability of the remaining provisions contained herein shall not be affected thereby and shall remain in full force and effect and any such provision that is determined to be enforceable shall be reformed to make such provision valid and enforceable in a manner that provides Luna & Gem and Luna & Gem Parties the maximum protections permitted by law.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I VOLUNTARILY AND EXPRESSLY AGREE TO RELEASE AND DISCHARGE LUNA & GEM AND LUNA & GEM PARTIES FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST LUNA & GEM AND LUNA & GEM PARTIES FOR PERSONAL INJURY OR PROPERTY DAMAGE.
PRINTED NAME DATE OF BIRTH
I am the parent or legal guardian of the above-referenced minor and 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.
PRINTED NAME (PARENT/LEGAL GUARDIAN) PRINTED NAME OF MINOR