I, the individual named below (“I” or “me”), desire to participate in the “Pierce at Home” program (the “Services”) offered by Pamela Love Jewelry, LLC (the “Company”). In consideration of receiving the Services, and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this agreement (this “Release”).
- I am aware and understand that the Services include receiving a piercing and receiving a piercing is a potentially dangerous activity and involves the risk of serious injury, disability, or death. I am also aware of the highly contagious nature of bacterial and viral diseases including the 2019 novel coronavirus disease (COVID-19) (the "Disease") and the risk that I may be exposed to or contract the Disease by receiving the Services, which may result in serious illness, personal injury, disability, or death. I acknowledge that these risks may result from or be compounded by the actions or omissions of Company employees or subcontractors, including, without limitation, the person assigned to provide the Services (the “Piercer”). I understand that, while the Company has implemented measures to reduce the risk of injury from the Services and the spread of the Disease, the Company cannot guarantee that I will not be injured or become infected with the Disease or contract any other ailment or injury due to my receipt of the Services and that engaging in the Services may increase my risk of contracting the Disease. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY RECEIVING THE SERVICES WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, OR DEATH ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
- I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, managers, employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees"), on account of injury, illness, disability, death, or property damage arising out of or attributable to my receipt of the Services, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and I forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that may not be released by agreement under the laws of the state where I receive the Services.
- I acknowledge, confirm, and represent the following, and I agree that, if any of the following representations are untrue at the time I am to receive the Services, I will immediately inform the Company and refrain from receiving the Services:
- I have been given the full opportunity to ask any and all questions I might have about obtaining a piercing, and all my questions have been answered to my full and total satisfaction.
- I am not pregnant or nursing. I am in good health, and I do not have any condition that might affect my healing after receiving a piercing.
- I do not suffer from medical or skin conditions such as, but not limited to: keloid or hypertrophic scarring, psoriasis at the site of the piercing, or any open wounds or lesions at the site of the piercing.
- I have advised or will advise the Piercer prior to obtaining the Services of any allergies to metals, latex gloves, soaps, and medications. I acknowledge it is not reasonably possible for the Piercer to determine whether I might have an allergic reaction to the piercing or processes involved in the piercing, and I further acknowledge that such a reaction is possible.
- I am over the age of 18 years. At the time I receive the Services, I will not be under the influence of drugs or alcohol.
- To my knowledge, I do not have any physical, mental, or medical impairment or disability that might affect my well-being as a direct or indirect result of my decision to receive the Services.
- I acknowledge that obtaining a piercing is my choice alone and will result in a permanent change to my appearance. No representation has been made to me as to the ability to later restore the skin involved in this piercing to its pre-piercing condition.
- I understand all piercings require time to heal, and all piercings heal at a different rate or may not ever fully heal.
- I acknowledge infection is always possible as a result of obtaining a piercing. I have received aftercare instructions, and I agree to follow all of them while my piercing is healing.
- I do not have a confirmed or suspected case of the Disease, and I have not come into contact in the last fourteen (14) days with a person who has been confirmed to have or suspected of having the Disease. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Services and the Disease, including, without limitation, requirements related to hand sanitation and use of face coverings and safety equipment. I will also follow all instructions, recommendations, and cautions of the Company at all times before and during the delivery of the Services, including, without limitation, the Covid-19 Protocols listed below. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to receive the Services, or I begin experiencing symptoms of the Disease, I will immediately discontinue further participation in the Services and cancel or reschedule any upcoming appointments I have to receive the Services.
- I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my receipt of the Services. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.
- This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in the County of New York in the State of New York, and I hereby consent to the exclusive jurisdiction of such courts.
At the time you are to receive the Services, you may be asked to confirm that you are not feeling unwell or suffering from any flu-like symptoms. If this is the case, the Company may, at its sole discretion, cancel or reschedule your appointment for a later date.
If the Piercer does not arrive at your appointment to provide the Services with the necessary safety equipment, you may cancel your appointment and contact our customer service team to receive a full refund.
You must provide a clean location for the Piercer to wash their hands with soap and warm water for at least twenty (20) seconds prior to the start of the Services.
If for any reason you should feel uncomfortable at any time during your appointment, you reserve the right to end the session and ask the Piercer to leave your residence at no extra cost. Please note that this same right is extended to your Piercer. If you choose to end your session, please reach out to our customer service team to share your experience.
The Company will continue to monitor changing Covid-19 restrictions and regulations wherever the Services are provided and take all reasonable precautions to ensure that your health and safety remain a top priority.
The $90 piercing fee paid upon booking is non-refundable. Should you be unable to make your appointment for any reason, you are free to reschedule your appointment for another time up to 24 hours ahead of the originally scheduled time. If you need to reschedule your appointment, please contact us at firstname.lastname@example.org as soon as possible to let us know.
Refund and Exchange Policy
Any jewelry which has been used to pierce with is final sale and is non-refundable and non-exchangeable. All other jewelry bought during the appointment is subject to our standard returns policy.