IN CONSIDERATION of allowing the below MINOR guest to receive services or participate in any way at Divine Designs Salon & Spa, 1606 Oakfield Drive, Brandon, Florida, Hillsborough County, 33511 (the “COMPANY”) enter for any purpose the Service Area (the “Service Area” defined as any area where personal services are being performed or guests are resting for the purpose of receiving services), THE UNDERSIGNED for himself/herself on the behalf of a minor person, his/her parent(s), his/her guardian(s), his/her designated supervisor, his/her personal representatives, heirs, and/or next of kin (the “RELEASERS”) agree that the UNDERSIGNED is designated as the RESPONSIBLE PARTY AND AUTHORIZED TO EXECUTE THIS RELEASE, individually and jointly:
RELEASERS ACKNOWLEDGE AND AGREE there may be inherent risks and dangers associated with service processes that may occur in the Service Area and which could cause severe bodily injury, disability or death by the risks associated with entry into the Service Area and which may be caused by negligent acts or an Act of God. Notwithstanding, all of the risks and dangers associated with entry into the Service Area or receiving services are assumed by the Releasers who hereby release, waive, discharge and covenant not to hold responsible in any way; the Company, its directors, officers, agents, or employees, (the “RELEASEES”) from any or all liability as a result of any incident or accident which may occur to, the Releasers and that this indemnification extends to the minor or Releasers’ personal representatives, assigns, heirs, and next of kin, for any and all claims, demands, losses or damages on account of any injury, including, but not limited to the death or injury of the minor or Releasers until it is revoked and/or the minor attains his or her own age of consent;
If any provision of this Release is held to be unenforceable, then in construing this Release you agree that provision can be either modified to the minimum extent necessary to make it enforceable (if permitted by law) or disregarded (if not). If a provision is modified or disregarded, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
WAIVER OF JURY TRIAL. UNLESS OTHERWISE PROHIBITED BY LAW, WE (“THE COMPANY” & RELEASERS) BOTH AGREE TO WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING RELATED TO, OR ARISING OUT OF ANY INCIDENT OR ACCIDENT COVERED BY THIS RELEASE. THIS JURY WAIVER INCLUDES ALL DISPUTES, WHETHER BASED ON TORT, CONTRACT, STATUTE, EQUITABLE, OR OTHERWISE AND BEFORE INSTITUTING ANY LEGAL PROCEEDING AGAINST COMPANY, YOU AGREE TO FIRST PRESENT ANY SUCH CLAIMS IN WRITING AND IN FULL DETAIL TO THE COMPANY AND TO COOPERATE WITH ANY COMPANY INTERNAL REVIEW PROCESS AND ANY ASSOCIATED CONFIDENTIALITY TERMS.
This Release shall be governed by and construed and interpreted in accordance with the laws of the State of Florida, without regard to its rules pertaining to conflicts of laws thereunder. The parties submit to the personal jurisdiction of, and agree that the sole, exclusive, and mandatory venue involving any legal proceeding arising out of or relating to this Agreement or the representation Attorney provides is Hillsborough County in state court in and for the Thirteenth Judicial Circuit of Florida. It is agreed by all parties that the electronic signature as provided below is a legally binding, digital version of a handwritten signature.