MOBILE NAILS 4U LIABILITY DISCLAIMER
By purchasing service(s) from Mobile Nails 4U (also referred to as the "spa") and in consideration for using our services, the client agrees to the following terms and conditions therein:
1. The client acknowledges and affirms that they are in good physical condition, including the absence of any skin conditions that may react to the treatments/facilities provided by Mobile Nails 4U, and have consulted with a physician who approves client's use of the spa and its related services.
2. The client agrees that before they use any of the spa services that they will thoroughly inspect and examine the facilities and/or equipment to determine whether said equipment is in safe proper working condition. In the event that the client determines that anything related to the equipment is unsafe, the client will immediately advise and inform the spa of the unsafe condition and will not utilize the service or the equipment until such conditions are corrected and made safe for use by the client.
3. DESPITE BEING AWARE OF THE RISKS INVOLVED FOR THE USE OF THE SPA AND ITS RELATED SERVICES, CLIENT VOLUNTARILY DESIRES AND AGREES TO USE THE SPA AND ITS RELATED SERVICES. CLIENT ASSUMES ALL FOREGOING RISKS AND ACCEPTS PERSONAL RESPONSIBILITY FOR ANY DAMAGES FOLLOWING SUCH INJURY, PERMANENT DISABILITY, OR DEATH.
4. As further consideration for the privilege to use the spa and its related services, the client agrees that neither he/she, nor his/her spouse, domestic partner, heirs, assignees, guardians, or legal representatives will make any claim against the spa or any of its officers, directors, employees, agents, independent contractors, shareholders, insurance companies, attorneys, affiliates, subcontractors, vendors, landlords, lessors, and/or its successors in interest for any injury, property loss, and/or damages resulting from the client's presence and use of the spa and its related services.
5. CLIENT RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE THE SPA OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS INDEPENDENT CONTRACTORS, SHAREHOLDERS, INSURANCE COMPANIES, ATTORNEYS, AFFILIATES, SUBCONTRACTORS, VENDORS, LANDLORDS, LESSORS, AND/OR ITS SUCESSORS IN INTEREST (COLLECTIVELY, "RELEASEES") FROM DEMANDS, LOSSES, OR DAMAGES ON ACCOUNT OF INJURY, INCLUDING DEATH OR DAMAGE TO PROPERTY, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE RELATED TO THE USE OF THE SPA AND ITS RELATED SERVICES.
6. CLIENT FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD THE SPA, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, SHAREHOLDERS, INSURANCE COMPANIES, ATTORNEYS, AFFILIATES, SUBCONTRACTORS, VENDORS, LANDLORDS, LESSORS, AND/OR ITS SUCESSORS IN INTEREST HARMLESS FROM ALL CLAIMS, ACTIONS, OR DEMANDS, WHETHER OR NOT SUCH MATTERS ARE FILED IN A COURT WITH PROPER JURISDICTION OR THROUGH ARBITRATION, THAT MAY RESULT FROM MY USE OF THE SPA AND ITS RELATED SERVICES, INCLUDING WITHOUT LIMITATION, CLAIMS FOR BODILY INJURY, EMOTIONAL INJURY, SICKNESS, LOSS OF PROPERTY, AND/OR OTHER DAMAGES.
7. The client acknowledges that the spa has the right to refuse service to any person whose conduct is harassing, offensive, and inappropriate or is unreasonable to vendors, employees, agents, and/or independent contractors, and that any such conduct which shall result in termination of services provided by the spa without refund of moneys advanced for such use and services.
THE CLIENT HAS CAREFULLY READ THE ABOVE USE AGREEMENT, WAIVER AND RELEASE OF LIABILITY AND UNDERSTANDS THAT THEY HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING VOLUNTARILY.