I certify that I am at least 18 years old, and I voluntarily sign this Release of Liability and Assumption of Risk Agreement in favor of Schwartz Lymphatic Sculpt, Amanda Schwartz, and/or its employees, contractors, officers, directors, volunteers and agents (collectively "Schwartz Lymphatic Sculpt") in consideration of Schwartz Lymphatic Sculpt providing a body and face treatments ("Treatment") to Client.
SECTION 1. RECEIPT OF TREATMENT
I acknowledge that there are natural factors and occurrences which may impact or affect the safety of the Treatment. Receiving the Treatment may put myself at risk. I am in good health and have no physical condition, which would preclude me from safely receiving the Treatment.
SECTION 2. NO WARRANTIES REGARDING THE TREATMENT.
Schwartz Lymphatic Sculpt makes no representations or warranties about the Treatment(s), the suitability of the Treatment(s), or the effectiveness of the Treatment(s). I acknowledge this disclaimer of warranties by Schwartz Lymphatic Sculpt and further acknowledge that the results of the Treatment(s) may vary between customers. Nonetheless, I assume all related risks, both known or unknown to me, of my participation in the Treatment. I am aware that I may suffer physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and/or death. I understand that these injuries or outcomes may arise from my own actions, inaction, or negligence. I acknowledge and agree that Schwartz Lymphatic Sculpt, in its sole discretion reserves the right to refuse the Treatment to me.
SECTION 3. MEDICATIONS.
Individuals who are using prescription drugs should seek the advice of their personal physician or a pharmacist for possible changes in the drugs effect when the body receives the Treatment.
SECTION 4. MEDICAL HISTORY AND CHANGE OF CIRCUMSTANCES.
I understand the importance of my accurate and complete medical history. I understand that withholding any medical information may be detrimental to my health and safety during and after the Treatment. I understand that if there is any change in my medical history it is my responsibility to inform Schwartz Lymphatic Sculpt.
SECTION 5. WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT.
I am fully aware of the risks and hazards connected with receiving the Treatment, including the risk of physical injury, disability as the result of such injury, or death, and I am voluntarily participating in said Treatment, and entering Schwartz Lymphatic Sculpt to receive the same. I agree to hold Schwartz Lymphatic Sculpt harmless and release Schwartz Lymphatic Sculpt from any and all claims, including attorney's fees, personal injury, or damage to my personal property, that may occur as a result of my participation in the Treatment.
SECTION 6. ASSUMPTION OF RISK.
I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY that may be sustained, or any loss or damage to property as a result of receiving the Treatment.
SECTION 7. INDEMNIFICATION AND HOLD HARMLESS.
I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs that may incur due to receiving of the Treatment by me.
It is my express intent that this Release and Hold Harmless Agreement shall bind the members of my family and spouse (if any), if I am alive, and my heirs, assignees and personal representative, if I am not alive, and shall be deemed as a RELEASE, WAIVER, AND DISCHARGE of Schwartz Lymphatic Sculpt.
SECTION 8. MEDICAL COSTS.
I understand that the RELEASEES will not be responsible for any medical costs associated with any injury. If Schwartz Lymphatic Sculpt incurs any of these types of expenses, I agree to reimburse Schwartz Lymphatic Sculpt. If I need medical treatment, I agree to be financially responsible for any costs incurred as a result of such medical treatment. I am aware and understand that I should carry my own health insurance.
SECTION 9. CHOICE OF LAW AND VENUE.
I agree that this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, such invalidity will not affect any other provision that can be given full effect without the invalid provision. The laws of the State of California shall apply to and govern this Agreement, without regard to conflicts of laws principles, and I consent to the jurisdiction and venue of the federal, state and local courts located in Santa Barbara County, California. I agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms.
SECTION 10. SIGNATURE, UNDERSTANDING AND CONSENT.
My signature below constitutes my acknowledgment that (1) I have read, understand, and fully agree to the foregoing consent, (2) the Treatment process has been satisfactorily explained to me and I have all of the information I desire and (3) I hereby give my authorization and consent. This consent shall stand as long as I receive the Treatment at the location now and in the future.
I have received the instructions for proper use of the facilities and do so at my own risk and hereby release the owners, operators, franchisers, or manufacturers, from any damage or harm that I might incur due to use of the facilities.
IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read and understand the foregoing RELEASE OF LIABILITY, WAIVER AND ASSUMPTION OF RISK AGREEMENT (BODY AND FACE TREATMENT); I am at least eighteen (18) years of age and fully competent; I have given up considerable future legal rights; and I execute this agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me.
Furthermore, I agree that I will comply with all instructions regarding the Treatment, and that I am receiving these services at my own risk. I agree to use all sessions within the terms of the contract dates and understand that refunds are not given on unused portions of purchased packages.