Waiver of Liability
For and in consideration of good and valuable consideration, including, but not limited to, the following instructions, certifications, products, programs, and services the receipt and sufficiency of which is acknowledged hereby, I hereby waive my rights to all claims for injuries, risks, adverse effects, and life-threatening medical and clinical conditions that I may sustain arising out of the ALLURE A MEDICALLY DIRECTED SPA, INC (ALLURE) instructions, certifications, products, programs, and services or any subsequent activities arising therefrom.
I further agree to hold harmless ALLURE for all injuries, be they physical, fiscal or otherwise, that I may inflict upon others as a result of the therapies, treatments, procedures, sessions, programs, and other wellness services in addition to the use of ALLURE’s other products and services.
I recognize and acknowledge that there are certain risks of physical and other injuries, risks, adverse effects, and life-threatening medical conditions involved in attending a ALLURE therapy, treatment, procedure, session, program, and other wellness service including the purchase and use of ALLURE products, and I agree to assume the full risk of injuries, including death, damages or losses that I may sustain as a result of attending an therapy, treatment, procedure, session, program, and other wellness service by ALLURE and the use of purchased products sold by ALLURE. I agree to waive and relinquish any and all claims I may have arising out of, or connected with, said course and products, whether they relate to injuries, risks, adverse effects, and life-threatening medical conditions to others or myself.
I do hereby fully release and discharge the ALLURE and its officers, agents and employees from any and all claims from injuries, including death damage or loss, which I may have as a result of this service and the products sold by ALLURE.
I have read and fully understand and agree to the above stated conditions of participation in this Program.
By indicating your acceptance, you understand, agree, warrant and covenant as follows:
- REGISTRATION AGREEMENT AND LIABILITY WAIVER (the “Agreement and Waiver”)
Authority to Register and/or to Act as Agent. You represent and warrant to the ALLURE that you have full legal authority to complete this event registration by phone, email, in person, and/or through our website and Enrollware.com registration hyperlink on behalf of yourself and/or any party you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, the ALLURE refers to the ALLURE and any and all subsidiaries, affiliated entities, or entities that control or are controlled by the ALLURE singly or together and its officers, employees, contractors, subcontractors and agents.
If you are registering a child under the age of 18 or an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this agreement on their behalf and by proceeding with this event registration, you agree that the terms of this Agreement and Waiver shall apply equally to all Registered Parties. By registering a child under 13, you agree and consent to the collection of that child’s information, which you provide for the purposes of registration.
YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT AND USE OF OUR PROGRAMS, PRODUCTS AND SERVICES ARE POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION AND USE OF OUR PROGRAMS, PRODUCTS AND SERVICES CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT AND USE OF OUR PROGRAMS, PRODUCTS AND SERVICES, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND CONVENANT NOT TO SUE ALLURE FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT AND THE USE OF OUR PROGRAMS, PRODUCTS AND SERVICES BY YOU OR ANY REGISTERED PARTY.
- Limitation of Liability; Disclaimer of Warranties
ALLURE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE ALLURE OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE ALLURE OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THE ALLURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THE ALLURE IS AT YOUR SOLE RISK. THE ALLURE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ALLURE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
The ALLURE makes no warranty that ALLURE sites’ services will be uninterrupted, secure or error free. The ALLURE does not guarantee the accuracy or completeness of any information in, or provided in connection with, the ALLURE site. The ALLURE is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the ALLURE sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
You agree to indemnify and hold each of the ALLURE harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising from or relating to your use of the ALLURE’s services.
- Applicable Law; Consent to Jurisdiction
You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.