Waiver of Liability & Release Form for I Do Hair and Makeup Artistry LLC / A Social & Co LLC
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT: In consideration for receiving services or permission to be onsite with or at I Do Hair and Makeup Artistry/A Social & Co LLC, 4615 E. Calle Del Pantera Tucson, Az. 85718 (hereinafter the "Service or Services", “Activity or Activities”), I, on behalf of myself and any minor child/children for whom I have the capacity to contract, hereby acknowledge and agree to the following: 1. I understand hazards could be present while on premises or at any location including any and all property, vehicles, vessles, decor, furnishing, props, impliments and/or tool belonging to I Do Hair and Makeup Artistry/A Social & Co LLC, their owners Margarita Potts - GoDiva, Raemie Reyes - Barnes, officers, directors, agents, employees, freelancers or sub-contractors and assigns (the “RELEASEES”). I understand hazards of the novel coronavirus (“COVID-19”), flu and other viruses and illnesses, and I am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I acknowledge and understand that that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates. 2. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in Services or Activities. 3. I acknowledge and fully assume the risk of injury, illness or death related to any hazard, COVID-19 or any illness that may arising from my being on the premises and or participating in any Service or the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor children form whom I have the capacity contract) I Do Hair and Makeup Artistry / A Social & Co LLC, their owners Margarita Potts, Raemie Reyes, officers, directors, agents, employees, freelancers, subcontractors and assigns (the “RELEASEES”) from any liability related to injury, illness, or COVID-19 which might occur as a result my being on the premises and or participating in any and all Services or Activities. 4. I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or any injury. 5. It is my express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Arizona. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT THE PERMISSION GRANTED BY RELEASEES TO BE ON PREMISES AND PARTICIPATE IN SERVICES OR THE ACTIVITIES. IN RETURNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it agree to it and return it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
CIRCUMSTANCES BEYOND OUR CONTROL: In the event of a power outage, broken machine defect in applicators etc., I Do Hair and Makeup Artistry LLC A Social & Co LLC, Margarita Potts, Raemie Reyes-Barnes, our subcontractors, freelancers etc will not be held responsible for any service not being performed. Any deposit or retainer will not be refunded and the balance will still be due. Appointment time is not to exceed allotted application time - unless approved prior by I Do Hair and Makeup Artistry LLC/Go-Diva LLC and/or Margarita Potts. Ample time is given for each service upon booking.
NON DISPARAGEMENT: We support freedom of speech however will not tolerate false or disparaging comments posted by any client on any web or social media site message boards or via internet including Facebook Wedding Wire & The Knot etc. This will result in court proceedings to recover any damages to I Do Hair and Makeup Artistry LLC/Go-Diva LLC/A Social & Co LLC and/or Margarita Potts. Client will also be responsible for all attorney fee.
USE OF IMAGE: Photo credit for all photos in any place, website, marketing materials etc. will be granted/given as such: Makeup (and/or Hair) by I Do Hair and Makeup Artistry LLC/Go-Diva Onsite Bridal Beauty &/or by Margarita Pottswww.MargaritaGoDiva.net orwww.IDoHairandMakeupArtistry.com. @ ASocialCoAz @AirstreamSocial or/and www.Asocialco.comI Do Hair and Makeup Artistry LLC/Go-Diva LLC/AA Social & Co LLC and/or Margarita Potts & or any of its Freelance/sub-contracted Artist, and/or any and all of its employees, and agents may use on it's website - and/or in any brochure, flyer or other advertising it deems necessary - any and all photographs, video, audio, and any other digitally or chemically stored media that is captured or recorded by I Do Hair and Makeup Artistry LLC/Go-Diva LLC and/ A Social Co LLC or Margarita Potts & or any of its Freelance/sub-contracted Artist, and/or any and all of its employees, and agents are sole property of I Do Hair and Makeup Artistry LLC/Go-Diva LLC/A Social Co LLC and Margarita Potts. Client(s) agree to release any and all claims regarding use of his/her image for such purposes. Client(s) also agrees to release name and contact information of professional photographers and/or videographers used for recording any event for which Go-Diva LLC has been agreed to be apart of. Client(s) agree to release to I Do Hair and Makeup Artistry LLC/Go-Diva LLC/A Social CO LLC use of said photographers/videographer's photographs and recordings. This signed agreement serves as a release to client(s) photographer/videographer and authorizes them to release to I Do Hair and Makeup Artistry LLC/Go-Diva LLC/ A Social Co LLC and/or Margarita Potts & or any of its Freelance/sub-contracted Artist, and/or any and all of its, employees, and agents and photographs/recordings to use on any promotional materials I Do Hair and Makeup Artistry LLC/Go-Diva LLC/ A Social & Co LLC deems necessary.
CLIENT RELEASE FORM: For good and valuable consideration herein acknowledge as received, I hereby grant to Margarita Potts (hair, makeup artist, and Photographer of I Do Hair and Makeup Artistry LLC/Go-Diva LLC/A Social & Co LLC) and those acting with her authority and permission, the right and permission to use and publish photographs of me for the purpose of promotion in print and on the web. I hereby waive any right that may have to inspect or approve the final product. I hereby release Margarita Potts (hair, makeup artist, and photographer, event planner and stylist) and those acting with her authority and permission from any liability that may occur as a result of publication of said photographs, including without limitation any claims for libel or violation of any right of publicity or privacy. I hereby warrant that I have the right to agree in my own name. I have read the above release, and understand and am fully familiar with its contents. This release shall be binding upon me and my heirs, legal representatives and assigns.
PERMISSION STATEMENT: I have read and fully understand this agreement and all information detailed above. I understand the service and accept the risks. I will not hold I Do Hair and Makeup Artistry/Margarita Potts GoDiva/GoDiva LLC/A Social & CO LLC, its agents, sub-contractors, employees, & or their freelancers, responsible for any of my conditions.
I represent that I am at least 18 years of age or older, otherwise I have a parent or guardian's consent as specific below. I have read and understand the foregoing statement, and am competent to execute this agreement.