For valuable consideration being either a test participant and/or buyer of the Croc Masters Collection 2K2 Blow Dryer (“CROC PRODUCT”), owned, distributed and sold by Turbo Ion, Inc. dba CROC (“CROC”), the undersigned agrees to the following terms and makes the following warranties: I acknowledge that CROC PRODUCT is a hair tool in development by CROC and could cause damage or personal injury to a person. I also acknowledge CROC PRODUCT can be a hazardous process with RISK of damage or PERSONAL INJURY, including but not limited to breakage of hair, or dryness of hair, (if not used correctly) to any person.I understand this is not a complete description of all risks and that other unknown or unforeseeable hazards and risks of harm may occur. With this in mind, I accept full responsibility for my own safety and EXPRESSLY ASSUME ALL RISKS OF HARM, whether foreseen or unforeseen, and whether occurring during the use of CROC PRODUCT. I hereby RELEASE and agree to INDEMNIFY AND HOLD HARMLESS CROC, its shareholders, officers, employees, agents, instructors, patrons and participants, stylists, equipment manufacturers, lessors, and insurers (hereinafter collectively referred to as “parties released”), from and against any liability, demand, claim or right of action for any damage or injury to the hair or body, even if such damage or personal injury results from the NEGLIGENCE of CROC or other parties released, I further COVENANT NOT TO SUE or make any demand or claim against CROC or other parties released, for or by reason of any such damage or personal injury from my use of CROC Product, at any time. I will pay all fees, damages, and costs, including attorney's fees, CROC or other parties released may incur in the enforcement of this agreement. If I am a PARENT or GUARDIAN of any minor person under 18 years of age participating in the use of CROC PRODUCT, I make these representations and agree to the terms of the Assumption of Risk, Release, Covenant Not to Sue and Indemnification Agreement on behalf of each minor, as well as myself, and I agree to assume responsibility for their safety. I further agree to INDEMNIFY AND HOLD HARMLESS CROC, and the other parties released, from and against any demand, claim, right of action or suit that may be brought on behalf of any such minor arising from CROC PRODUCT, or anywhere, at any time. I will pay all fees, damages and costs, including attorney's fees, CROC or other parties released may incur in the enforcement of this agreement. I am physically healthy and know of no medical or health reason why I should not use CROC PRODUCT.
I intend this agreement to bind me and my family, my assigns, estate, heirs, and personal representatives.
This contract is severable and shall be interpreted and enforced under the laws of the State of
I have carefully read this document and fully understand its contents, which I adopt as a completely integrated and exclusive statement of the entire terms of agreement.
I, the above named participant, am eighteen years of age or older and have voluntarily applied to participate in the above Process. I acknowledge that the nature of the Process may expose me to hazards or risks that may result in my illness and/or personal injury and I understand and appreciate the nature of such hazards and risks.
In consideration of my participation in the use of CROC PRODUCT, I hereby accept all risk to my health and of my injury that may result from such participation and I hereby release CROC, its governing board, officers, employees and representatives from any liability to me, my personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to my property and for any and all illness or injury to my person that may result from or occur during my participation with CROC PRODUCT, whether caused by negligence of CROC, its governing board, officers, employees, or representatives, or otherwise. I further agree to indemnify and hold harmless CROC and its governing board, officers, employees, and representatives from liability for any injury of any person(s) and damage hair that may result from my negligent or intentional act or omission while participating in the use of CROC PRODUCT.
I, the above named participant, also acknowledge that the results produced by CROC PRODUCT are not guaranteed and may vary from person to person depending on hair type and the degree of skill of the stylist performing the process
I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND IT TO BE A RELEASE OF ALL CLAIMS AND CAUSES OF ACTION FOR MY OR DAMAGE TO MY HAIR THAT OCCURS WHILE PARTICIPATING IN THE USE OF CROC PRODUCT AND IT OBLIGATES ME TO INDEMNIFY THE PARTIES NAMED FOR ANY LIABILITY FOR ANY INJURY OF ANY PERSON AND DAMAGE TO MY HAIR CAUSED BY MY NEGLIGENT OR INTENTIONAL ACT OR OMISSION.