Extinguishing Ornaments Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement

Extinguishing Ornaments Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement

 

 

PLEASE READ THIS LIABILITY WAIVER CAREFULLY. BY USING THE EXTINGUISHING ORNAMENT PROVIDED TO YOU, YOU ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OUTLINED BELOW. IF YOU DO NOT AGREE WITH ANY PART OF THIS WAIVER, DO NOT PURCHASE OF USE THE EXTINGUISHING ORNAMENT.

1. Assumption of Risk: I, [User Name], hereby acknowledge that I have voluntarily chosen to use the extinguishing ornament provided by Extinguishing Ornaments. I understand and acknowledge that the use of an extinguishing ornament involves certain risks and hazards, including but not limited to potential injury, property damage, and exposure to smoke, fire, or hazardous substances. I assume full responsibility for any risks associated with using the extinguishing ornament.

2. Release and Indemnification: In consideration for being allowed to use the extinguishing ornament, I, on behalf of myself, my heirs, executors, administrators, successors, and assigns, hereby release, waive, discharge, and covenant not to sue Extinguishing Ornaments, its directors, officers, employees, agents, and representatives (hereinafter referred to as "Released Parties") from any and all claims, liabilities, actions, causes of action, costs, expenses, or demands, whether at law or in equity, arising out of or related to the use of the extinguishing ornament. This release applies to any and all claims, including but not limited to personal injury, property damage, or any other loss, whether caused by the negligence of the Released Parties or otherwise.

3. 1. Purpose:

   The Customer acknowledges and agrees that they are purchasing an Extinguishing Ornament ("Product") from the Seller for the purpose of fire prevention and safety. This product does have inherent risks, and does not replace having other fire safety measure in the home, including but not limited to: 

   • Working smoke or heat detectors
   • Fire extinguishers
   • Home safety fire plan
   • Accessibility to calling the fire department
   2. Disclosure of Hazards and Assumption of Responsibility:

   Customer understands and assumes full responsibility for the proper use, maintenance, and inspection of the purchased fire extinguisher. Risks can include but are not limited to in

   • Fire and Burns:
   • Christmas tree fires produce heat, flames, and sparks that can cause cause burns and smoke inhalation.
   • Mishandling or malfunction can result in injury to individuals in close proximity.
   • Explosions:
   • Extinguishing Ornaments contain small explosive devices, and mishandling or defects can lead to unintended explosions. Do not drop, mishandle, take apart, or attempt repair..
   • Projectile Risks:
   • Extinguishing Ornaments can launch projectiles at high speeds, posing a risk of injury or damage to people, animals, and property.
   • Smoke and Fumes:
   • Extinguishing Ornaments can emit smoke and fumes containing chemicals that may be harmful if inhaled, especially in enclosed spaces. Do not cut, drill, or modify an Extinguishing Ornament. Leave the room immediately if it is activated, call 911, and consult the MSDS for health and safety procedures. 
   • Chemical Exposure:
   • Extinguishing Ornaments are safe to handle and only hazardous if cut, drilled, modified, or activated. Then they may expose individuals to potentially hazardous chemicals used in their composition. Do not cut, drill, or modify an Extinguishing Ornament. Leave the room immediately if it is activated, call 911, and consult the MSDS for health and safety procedures. 
   • All chemical details can be found using the MSDS sheet, available here: https://cdn.shopify.com/s/files/1/0565/4400/2248/files/V2_MSDS_2023_English.docx.pdf?v=1700894149
   • Skin and Eye Irritation:
   • Contact with the chemicals discharged from a fire extinguisher can cause skin and eye irritation. Do not cut, drill, or modify an Extinguishing Ornament. Leave the room immediately if it is activated, call 911, and consult the MSDS for health and safety procedures. 
   • Noise-Related Risks:
   • Loud noises produced by Extinguishing Ornaments can cause hearing damage or discomfort, especially at close range.
   • Regulatory and Legal Consequences:
   • Ignoring local, state, or federal regulations regarding the use of Extinguishing Ornaments may result in legal consequences.
   • Improper Storage:
   • Incorrect storage of Extinguishing Ornaments may increase the risk of accidental ignition or deterioration, leading to unsafe conditions. .
   • Inadequate Training:
   • Lack of proper training in handling and using Extinguishing Ornaments can contribute to accidents and injuries. Consult the installation and FAQ video prior to use.
   • Children and Pets:
   • Extinguishing Ornaments pose a particular risk to children and pets who may not understand the dangers associated with them. Always mount Extinguishing Ornaments out of reach of children or pets. Follow installation instructions, and never hang an Extinguishing Ornament from tree branches. They must be secured to the trunk of the tree.
   • Medical Conditions:
   • Individuals with certain medical conditions may be more susceptible to adverse effects from Extinguishing Ornaments, such as respiratory issues triggered by smoke or chemical powders.
   3. Release of Liability:

   In consideration of the purchase of the Product, the Customer hereby releases, discharges, and holds harmless the Seller, its officers, employees, and agents from any and all claims, liabilities, demands, actions, and causes of action whatsoever, arising out of or related to the use, possession, or maintenance of the Product.

   4. Proper Use and Training:

   Customer agrees to use the fire extinguisher in accordance with the provided instructions and seeks appropriate training on its proper usage and maintenance. All steps must be followed in accordance with the installation and FAQ information provided by Extinguishing Ornaments.

   5. Inspection and Maintenance:

   Customer agrees to regularly inspect and maintain the fire extinguisher as per the manufacturer's guidelines. 

   6. No Warranty:

   Customer acknowledges that the Seller makes no warranties, either expressed or implied, regarding the fitness for a particular purpose or merchantability of the Product.

3. Duty to Follow Instructions: I understand that I have a duty to follow all instructions provided by Extinguishing Ornaments regarding the proper use of the extinguishing ornament. I agree to use the extinguishing ornament solely for its intended purpose and in accordance with all applicable laws, regulations, and guidelines.

4. Limitation of Liability: I understand and acknowledge that Extinguishing Ornaments has made efforts to provide a properly functioning extinguishing ornament. However, Extinguishing Ornaments makes no representations or warranties, expressed or implied, regarding the condition or effectiveness of the extinguishing ornament. In no event shall Extinguishing Ornaments be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the extinguishing ornament.

5. Governing Law and Jurisdiction: This Liability Waiver shall be governed by and construed in accordance with the laws of Alberta Canada. Any legal action or proceeding arising out of or relating to this waiver shall be brought exclusively in the courts located in Alberta Canada, and I hereby consent to the jurisdiction of such courts.

I HAVE CAREFULLY READ AND UNDERSTAND THIS LIABILITY WAIVER AND AGREE TO BE BOUND BY ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE EXTINGUISHING ORNAMENTS AND I AGREE FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.