Release of Liability
Seraphic Skincare, Inc.
Display Liability Waiver
BY AGREEING TO THIS LIABILITY WAIVER (THE “WAIVER”) YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ THIS WAIVER CAREFULLY.
POSSIBILITY OF INJURIES AND DAMAGES
I, the undersigned individual, acknowledge and understand that during my use of the product displays leased or sold to me (the “Displays”) by Seraphic Skincare, Inc. (“Seraphic Skincare”), I may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in the use of physical product displays. These inherent risks include, but are not limited to, the dangers of serious personal injury, death, and/or property damage resulting from, but not limited to: (i) physical exertion in setting up, moving, or otherwise manipulating the Displays; (ii) unstable surfaces or other disruptions to the Displays that cause or contribute to Displays falling over or becoming unstable; (iii) unintended contact with Displays, as may be in the case in the event of falling or tripping near Displays due to environmental hazards, including but not limited to uneven surfaces or debris; (iv) incorrect assembly of or unintentional use of the Displays; and (v) other hazards associated with the use of physical product display units (collectively the “Injuries and Damages”). I further acknowledge and understand these Injuries and Damages cannot be eliminated unless I cease use of the Displays.
ASSUMPTION OF THE RISK
I know that Injuries and Damages can occur through environmental circumstances, as well as the acts or omissions of Seraphic Skincare, myself, my staff, or other third parties, either as a result of negligence or because of other reasons. I understand and agree that IMPROPER INSTALLATION AND/OR USE OF DISPLAYS MAY LEAD TO INJURIES AND DAMAGES. Seraphic Skincare provides specifications regarding the maximum weight limit for each Display. I understand that it is my responsibility to read these specifications and to understand them before displaying any products on the Displays. Seraphic Skincare may also provide informative graphics or videos, including but not limited to, videos explaining ways of setting up Displays for use. I understand that these graphics/videos are for general informational purposes only, and that I am responsible solely for assessing the feasibility of display of any product on a given Display. I agree not to use any Display for any purpose other than its intended purpose.
I understand the risks of such Injuries and Damages involved in my use of the Displays and I appreciate that I may have to exercise extra care for my own person and for others around me in the face of such hazards. I confirm that my lease or purchase of the Displays is voluntary, and I have chosen to use the Displays at my sole discretion and may choose to cease using the Displays at any time. I understand that Seraphic Skincare has not tried to contradict or minimize my understanding of the risks of Injuries and Damages.
WAIVER AND RELEASE OF LIABILITY
In consideration for my acceptance as an eligible lessee or purchaser of the Displays provided by Seraphic Skincare, I CONFIRM MY UNDERSTANDING OF THE FOLLOWING:
To the fullest extent allowed by law, I agree to WAIVE AND DISCHARGE CLAIMS AGAINST, RELEASE FROM LIABILITY, INDEMNIFY AND HOLD HARMLESS Seraphic Skincare, Inc. and its respective past and present officers, directors, shareholders, partners, agents, and employees (collectively, “Released Parties”) from and against ANY AND ALL LIABILITY on account of, or in any way resulting from, my personal injury, death, or property damage relating to my use of the Displays, even if caused by NEGLIGENCE of the Released Parties. Such negligence could involve, but is not limited to, (a) negligent assessment of the feasibility of the use of the materials used within the Displays, or (b) negligent assessment of the durability or weight limit of the Displays. I understand and intend that the assumption of risk and release is binding upon my heirs, executors, administrators, and assigns. This Waiver is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this Waiver is held to be invalid or legally unenforceable for any reason, the remainder of this Waiver shall not be affected thereby and shall remain valid and fully enforceable.
Further, I have read Section 1542 of the California Civil Code, which provides as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
I understand that Section 1542 allows me to choose to not release existing claims of which I am presently unaware, unless I voluntarily choose to waive this right. Having been so apprised, I nevertheless hereby voluntarily elect to, and do, waive the rights described in Section 1542, and elect to assume all rights for claims that now exist in my favor, known or unknown, for the subject of this Waiver.
I HEREBY WAIVE ALL RISKS DESCRIBED HEREIN, AND RELATED HERETO, RELATED TO MY USE OF THE DISPLAYS NOW AND ALL FUTURE USE OF SUCH DISPLAYS.
This Waiver will be governed by the laws of the United States of America and all disputes will be brought solely in the courts of San Diego County. I agree that any claims, legal proceedings, or litigation arising in connection with this Waiver will be brought solely in the courts of the county of San Diego, California, and both Seraphic Skincare and I consent to the jurisdiction of such courts.
Thank you for visiting the Seraphic Skincare wholesale website! We can't wait to explore business partnership opportunities with you.
We are interested in partnering with established brick-and-mortar retailers operating primarily within the beauty, health, natural supplement, and food industries. Please note that we are generally not considering e-commerce business partnerships at this time.
Seraphic Skincare is the leading brand for naturally effective exfoliating products and tools for spas, salons, retailers, and consumers alike. With backing from Shark Tank’s Kevin Harrington and tens of thousands of satisfied Amazon customers, we are excited to launch into new marketplaces and take the popularity of this emerging lifestyle to even greater heights!