Legal — Blackloot

BLACKLOOT, LLC

WAIVER OF LIABILITY AND ASSUMPTION OF THE RISK

This Waiver of Liability and Assumption of the Risk (“Waiver”) is by and between Blackloot, LLC, an Arizona limited liability company (“Blackloot”) and this client (“You”). In consideration of Blackloot providing and fitting you with permanent jewelry (the “Services”), You agree:

1.) Assumption of the Risk. The Services shall apply to any and all activities of any nature whatsoever that relate to permanent jewelry, regardless of the location and types of jewelry. You understand, acknowledge, and agree that the permanent jewelry requires the procedure of welding jewelry and such procedure is potentially dangerous and involved the risk of serious injury, pain, suffering, disability, death, property damage, and financial loss. You explicitly understand that there are risks that are not foreseeable or avoidable and, even if You, Blackloot, and the equipment perform perfectly, You can still be injured or killed.

2.) Release from Liability. You (as well as you heirs, executors, administrators, guardians, legal representatives, and assigns) hereby release and forever discharge Blackloot, and its agents, members, officers, directors, shareholders, manufacturers, distributors, photographers, employees, affiliates, contractors, and subsidiaries (the “Released Parties”) from any and all liabilities, claims, demands, or causes of action arising out of or in relation to the Services and any injuries or damages resulting from Your use of the Services, including any losses caused by the negligence of the Release Parties.

3.) Covenant not to Sue. You (as well as you heirs, executors, administrators, guardians, legal representatives, and assigns) hereby agree to never file or bring any suit, claim, or complaint against the Released Parties for damages or causes of action related the Services, even if they are, wholly or partially, the result of the negligence of any of the Released Parties. Should any such suit or action at law or otherwise be instituted in violation of this Waiver by You, Your heirs, distributees, executors, administrators, guardians, legal representatives, assigns, or anyone else claiming on Your behalf, You agree that the Released Parties, as well as anyone else named as a party in such suit or action in violation of this Waiver, shall be entitled to recover attorney's fees and costs incurred in defense of such suit or action, including any appeals therefrom.

4.) Indemnification. To the fullest extent allowed by law, You (as well as you heirs, executors, administrators, guardians, legal representatives, and assigns) agree to indemnify, defend, and hold all Release Parties harmless, from and against any and all losses, damages, liabilities, claims, demands, actions, judgments, costs, and legal or other expenses (including, without limitation, reasonable attorneys' fees, costs, expert costs, and expenses) incurred as a result of Services. You have been advised and recognize that You and the Services are NOT COVERED by any personal accident or general liability insurance policy issued to the Released Parties.

5.) Validity of Waiver. You (as well as you heirs, executors, administrators, guardians, legal representatives, and assigns) understand and agree that if You institute, or anyone on Your behalf institutes, any suit or action at law or any claim for damages or cause of action against any of the Released Parties because of an injury to Your person or property, or death, due to the Services, this Waiver can and will be used as evidence in court, and that Waivers like this have been upheld in courts in similar circumstances.

6.) Representations and Warranties. You represent and warrant that:

(a) You have no physical infirmity, and are not under treatment for any physical infirmity or chronic ailment or injury of any nature, and have never been treated for any of the following: allergy/sensitivity to metal, cardiac or pulmonary conditions/diseases, diabetes, fainting spells or convulsions, nervous disorders, kidney or related diseases, high or low blood pressure, or any other physical limitations that will increase Your risk of injury or death;

(b) You have no allergy to any of the materials* used in the performance of the Services. It is Your sole and exclusive responsibility to inquire into the materials used in the Services and notify Blackloot if you have any allergies; and

7.) Photo Release. You agree that, if Your image, likeness, name, voice, or person appear in any film, photograph, or video taken by Blackloot, You consent to any and all publicity, informational, instructional, quality control, or entertainment purposes at no charge.

8.) Applicable Law and Venue. This Waiver shall be governed by and construed in accordance with the laws of the State of Arizona applicable to agreements made and to be performed within the state. You hereto agree that the State Courts located in the County of Maricopa, State of Arizona ("Court'') shall have exclusive jurisdiction over any legal action or other proceeding between the parties regarding this Waiver or any claims arising out of the Services (an "Action”) and the Parties hereby consent to the exercise of personal jurisdiction over them by the Court for purposes of resolving the Action.

9.) Severability. In the event that any one or more of the provisions contained herein, or the application thereof in any circumstances, is held invalid, illegal, or unenforceable in any respect for any reason, the validity, legality, and enforceability of any such provision in every other respect and of the remaining provisions hereof shall not be in any way impaired or affected, it being intended that all other rights and privileges shall be enforceable to the fullest extent permitted by law.

10.) Successors and Assigns. This Waiver shall inure to the benefit of and be binding upon the successors and permitted assigns of each of the Parties.

*Blackloot attempts to ensure that all products are free of allergens. However, Blackloot shall not be held responsible for the misrepresentation of any vendors or suppliers of the materials.

(11) As-Is Services. The Services and materials/products are provided “As-Is.” Blackloot nor any of its affiliates make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with any Services and materials/products.

(12) Medical Treatment. You hereby consent to receive medical treatment deemed necessary if You are injured or require medical attention during Your participation in the procedure to obtain permanent jewelry. You understand and agree that You are solely responsible for all costs of such medical treatment and any related medical transportation and/or evacuation. You hereby release, forever discharge, and hold harmless Blackloot from any claim based on such treatment or other medical services.

I HAVE READ THE FOREGOING WAIVER OF LIABILITY AND ASSUMPTION OF THE RISK AND VOLUNTARILY EXECUTE THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENT.

All of my questions regarding permanent jewelry have been answered by Blackloot to my satisfaction. I understand that all Blackloot jewelry is final sale. I understand that this jewelry can break and/or stretch if pulled or caught. I understand that this permanent jewelry can easily be removed.

BLACKLOOT, LLC

REPAIR POLICY

This Repair Policy and Care Instructions applies to all jewelry purchased from Blackloot, LLC, an Arizona limited liability company (“Blackloot”). The life of Your jewelry shall depend on many factors, including your lifestyle, occupation, and other external factors. Although the permanent jewelry is strong, it is not indestructible.

All sales are final and no returns shall be accepted. Blackloot does not replace any jewelry, regardless of the cause of the damage, destruction, or loss.

However, Blackloot will repair a jump ring only (where the permanent jewelry is welded) for free, so long as You bring the jewelry in for repair within forty-five (45) days of the day the jewelry is welded. Blackloot shall not be held responsible for any repair work done by You or another person.

In the case of emergency removal (i.e. surgery, MRI, life event where jewelry is prohibited), Blackloot offers a re-welding service for $15.

All other repairs shall incur an additional cost, to be determined by Blackloot.