To save time when you arrive, you may fill out and sign your liability waiver in advance by visiting our website at www.trinketsspa.com or by coming into our facility. Please note that you must be at least 18 years of age to sign a liability waiver. If you are under the age of 18, please ask your parent or legal guardian to complete this process. Once a Trinket Spa & Play waiver has been verified in our POS system, it will be valid for a period of 1 year.
Trinkets Assumption of Risk, Waiver of Liability, And Indemnification Agreement ("Agreement") In consideration for gaining access to and use of The Murrell Group, LLC (d/b/a Trinkets), a Georgia corporation(‘Trinkets”) property, facilities, and services ("Trinkets Facilities and Services") and engaging in the use of and participation in the facilities, equipment, and activities in and associated with Trinkets ("Trinkets Activities"), I the undersigned, on behalf of myself and my spouse, children, parents, legal wards, heirs, assigns, personal representatives, estate, and insurers, and on behalf of any Minor Participant listed above, agree as follows:
I am the Adult Participant and/or Parent/Guardian on behalf of a Minor Participant listed above and I hereby acknowledge, accept, and agree that participation in Trinkets Activities, particularly the use of products, services, and all other activities, involve known and unanticipated risks that could result in physical and/or emotional injury, which include but are not limited to stains, products running into eyes, broken bones, sprained or torn muscles or ligaments, paralysis, other bodily injuries, or property damage caused by myself, a Minor Participant, or a third party. I acknowledge that the above list is not inclusive of all possible risks associated with the use of Trinkets Facilities and Services and participation in Trinkets Activities, and I agree that such a list in no way limits the extent or reach of this Agreement. I acknowledge and understand that such risks cannot be eradicated without jeopardizing the core qualities of Trinkets Activities. I acknowledge that the aforementioned risk of physical and/or emotional injuries may also happen to an observer or bystander. I have received information to my satisfaction regarding the use of Trinkets Facilities and Services and participation in any Trinkets Activities and have had the opportunity to ask any questions I desired to ask. I understand the demands of Trinkets Activities are relative to my and/or Minor Participant(s)'s physical condition and skill level and acknowledge the types of injuries that may occur as a result of Trinkets Activities and the potential impact on an individual's well-being and lifestyle. I hereby agree that my access and access of a Minor Participant to Trinkets Facilities and Services and participation in Trinkets Activities is voluntary and that I knowingly assume all inherent risks.
In further consideration of access and use of Trinkets Facilities and Services and participation in Trinkets Activities, I, Adult Participant and/or Parent/Guardian on behalf of Minor Participant, on behalf of myself, my spouse, my heirs, legal wards, personal representatives, assigns, and Minor Participant(s) (collectively, "Releasing Parties") do hereby release, waive, and discharge Trinkets, its owners, directors, managers, officers, employees, affiliates, volunteers, independent contractors, equipment providers, and agents (collectively, "Protected Parties") from legal liability, claims, demands, and causes of action, whether the same is known or unknown, anticipated or not, arising from the ordinary negligence of Trinkets or Protected Parties, including personal and/or emotional injury or death from incidents or illnesses arising from participation in Trinkets Activities and any and all claims resulting from the damage to, loss of, or theft of property, and I, for myself and on behalf of Releasing Parties, further agree that except in the event of Trinket's gross negligence and/or willful and wanton misconduct, I shall not bring any claims, demands, legal liability, and/or causes of action against Trinkets for any losses, whether economic or non-economic, due to property damage, personal and/or emotional injury or death sustained by me or Minor Participant(s) that are in any way associated with Trinkets Facilities and Services or Trinkets Activities. I, Adult Participant and/or Parent/Guardian on behalf of Minor Participant, further agree to hold harmless, release, discharge, defend, and indemnify Trinkets and Protected Parties (i.e., defend and pay any judgment and costs, including attorneys' fees and related expenses) from any claims of the Releasing Parties arising from injury or loss due to participation of myself or a Minor Participant at Trinkets (including claims arising from the inherent risks of Trinkets Activities and those arising from the ordinary negligence of Trinkets or Protected Parties). I further agree to hold harmless, defend, and indemnify Trinkets and Protected Parties against any claims of co-participants, rescuers, and others arising from the conduct of myself or a Minor Participant in the course of my participation or Minor Participant(s)'s participation at Trinkets (including claims arising from the inherent risks of Trinkets activities and those arising from the ordinary negligence of Trinkets or Protected Parties). In the event any dispute arises, I, the Adult Participant and/or Parent/Guardian on behalf of Minor Participant, agree to bring such dispute within one (1) year of the date of this Agreement and to engage in mediation to settle the dispute. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims arising out of my participation or Minor Participant(s)'s participation at Trinkets shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect.
I, Adult Participant and/or Parent/Guardian on behalf of Minor Participant, hereby acknowledge, agree to and/or certify the following: I and/or Minor Participant is/are physically and emotionally able to participate in any and all TRINKETS Activities without aid or assistance; I and/or Minor Participant am willing to assume the risk of any physical or medical condition I and/or Minor Participant may have; I have read all rules governing participation of myself or a Minor Participant in TRINKETS Activities ("TRINKETS Rules"), I have explained such rules to any Minor Participant(s) listed in this Agreement, and I understand that failure to follow all TRINKETS Rules may result in the expulsion of myself and/or Minor Participant(s) listed in this Agreement from this TRINKETS location; This Agreement supersedes any and all previous oral or written promises or agreements with TRINKETS, this is the entire agreement between me and/or Minor Participant(s) and TRINKETS, and that the Agreement cannot be modified or changed in any way by representations or statements by any agent or employee of TRINKETS; I am at least eighteen (18) years old; I acknowledge it is my or a Minor Participant's duty to inform staff and cease exercise immediately if I or a Minor Participant feels any unusual discomfort or suffers any injury during participation and alert the staff to any rules violations or dangerous behavior of co-participants; I agree to inform TRINKETS of any injury (even minor injuries) prior to leaving the TRINKETS facility and agree to assume all costs of emergency medical care and transportation; I grant TRINKETS the right,
without limitation, to photograph, videotape and/or record me and/or a Minor Participant and authorize TRINKETS to use any such photographs, images, or likenesses in TRINKETS marketing and displays, regardless of media; and I expressly agree that the foregoing Agreement is intended to be as broad and inclusive as is permitted by applicable laws and that if any portion thereof is held void or unenforceable, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Coronavirus Covid -19 Liability Waiver
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that Trinkets has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
I further acknowledge that Trinkets can not guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, salon staff, and other salon clients and their families.
I voluntarily seek services provided by Trinkets and acknowledge that I am increasing my risk of exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my appointment.
I attest that:
* I am not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I have not traveled internationally within the last 14 days.
* I have not traveled to a highly impacted area within the United States of America in the last 14 days.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* I have not been diagnosed with Coronavirus/Covid-19 and have not yet been cleared as non-contagious by state or local public health authorities.
* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold Trinkets Spa and Play Center, The Murrell Group, LLC, and all its affiliates and staff harmless from and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses, and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the spa, or that may otherwise arise in any way in connection with any services received from Trinkets. I understand that this release discharges Trinkets from any liability or claim that I, my heirs, or any personal representatives may have against the salon with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Trinkets. This liability waiver and release extends to the spa together with all owners, partners, and employees.
By signing this Agreement, I understand that I am giving up substantial rights, including my right to sue and any right to sue on behalf of Minor Participant(s), and I acknowledge I am signing the agreement freely, voluntarily, and intelligently, and with the full knowledge of its legal consequences. I intend my signature to be a complete and unconditional release of all liability due to ordinary negligence by TRINKETS and the Protected Parties to the greatest extent allowed by law. I certify I am the parent or legal guardian of any Minor Participant listed in this Agreement or have been granted power of attorney to execute this Agreement on behalf of a parent or legal guardian of such Minor Participant. In the event I do not have the authority to execute this Agreement on behalf of another, I agree I shall be solely liable for any and all resulting claims, actions, penalties, causes of action, services, fees, or similar expense.
Enter the parent/guardian,/adult Information below: