RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The liability release below is important. PLEASE READ IT before you click below to request any services, and check the box below to acknowledge your agreement with the following.
By clicking below and submitting a request for knife-sharpening or any related services (the “Services”) to North Mountain, LLC, a Maryland limited liability company (the “Company”) d/b/a/ TogiMax, whether through this website or otherwise (e.g., by telephone or in person), the person clicking below or requesting such services (“I” or “me”), in consideration for the Services and in recognition of the Company’s reliance hereon, agrees to the following:
- I AM AWARE AND UNDERSTAND THAT, AS A RESULT OF THE SERVICES, ANY KNIVES OR SIMILAR OBJECTS SERVICED BY THE COMPANY AT MY REQUEST MAY BE VERY SHARP AND OFFER THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE, AND AS A RESULT ANY USE OR HANDLING OF SUCH KNIVES OR OTHER OBJECTS IS POTENTIALLY DANGEROUS. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY REQUESTING THE SERVICES AND, WHEN USING OR HANDLING ANY SUCH KNIVES OR OTHER OBJECTS, WILL DO SO WITH KNOWLEDGE OF THE DANGER INVOLVED, AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM MY USE OR HANDLING OF ANY KNIVES OR OTHER OBJECTS SERVICED BY THE COMPANY.
- FURTHER, UPON COMPLETION OF THE SERVICES AND DELIVERY BY THE COMPANY OF THE KNIVES OR OTHER OBJECTS SERVICED BY THE COMPANY AT MY REQUEST, WHETHER SUCH DELIVERY IS MADE TO ME IN PERSON OR OTHERWISE AT MY ADDRESS AS PROVIDED TO THE COMPANY (WHETHER TO ANY OTHER PERSON OR BY DROP-OFF BY THE COMPANY), I SHALL BE FULLY RESPONSIBLE FOR ANY USE OR HANDLING OF SUCH KNIVES OR OBJECTS, AND I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM THE USE OR HANDLING OF ANY SUCH KNIVES OR OTHER OBJECTS BY ANY PERSON FOLLOWING SUCH COMPLETION OF THE SERVICES.
- I confirm that (a) I will use or handle any knives or any other objects subject to the Services voluntarily, at my own risk and subject to the degree of care necessary for the use or handling thereof, (b) I am in proper physical condition to, do not have any medical or other conditions that would impair my ability to, and have the skills and experience necessary to, use or handle any knives or any other sharp objects, and (c) despite, and regardless of, the use of any precautions by the Company when delivering at my address any knives or other objects subject to the Services, it is my responsibility to ensure that, following such delivery, either (i) any such knives or objects are not used or handled by any other person (including by ensuring that no such person has access to them unless under my supervision) or (ii) any other person using or handling any such knives or objects is advised of the dangerous nature thereof, and of the risks associated with the use thereof. I will also follow all instructions, recommendations, and cautions of the Company that may have been given to me orally or in writing in connection with the Services.
- I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its directors, managers, employees, agents, affiliates, members, successors, and assigns (collectively, the “Releasees”), on account of any injury, disability, death, or property damage arising out of or attributable to the Services or any knives or other sharp objects that shall have been subject to any of the Services, no matter how the same may have arisen, including whether arising out of the 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 forever release and discharge the Company and all other Releasees from liability under such claims. To the extent that the applicable laws of any jurisdiction would not permit any of the claims described above to be released by agreement, I hereby waive, to the maximum extent permitted by law, the applicability of any such laws.
- I will defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees, the costs of enforcing any right to indemnification, and the cost of pursuing any insurance providers, incurred by or awarded against the Company or any other Releasees, arising out or resulting from any claim of a third party related to the Services, including any claim related to my own negligence or, to the maximum extent permitted by applicable law, the negligence of the Company.
- The provisions above constitute the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision above is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision above or invalidate or render unenforceable such term or provision in any other jurisdiction, the provisions above will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of the above, the provisions above shall be deemed automatically amended to include, in lieu of such illegal, invalid or unenforceable provision, a legal, valid and enforceable provision that reflects the intent of the parties as much as possible when agreeing to such illegal, invalid or unenforceable provision as may be possible. The agreement to provide the Services, subject to all the provisions above, is binding on and shall inure to the benefit of the Company and me and the Company’s and my respective successors and assigns. All matters arising out of or relating to this agreement to provide the Services, including the provisions above, shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Maryland. Any claim or cause of action arising under the agreement to provide the Services may be brought only in the federal and state courts located in Montgomery County, State of Maryland, and I hereby consent to the exclusive jurisdiction of such courts.
[ ] I HAVE READ AND UNDERSTOOD, AND I AGREE WITH, ALL OF THE TERMS AND CONDITIONS ABOVE, WHICH CONTAIN A WAIVER AND RELEASE, AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS.
[ ] I AM OVER THE AGE OF 18 AND HAVE THE LEGAL CAPACITY TO ENTER INTO AN AGREEMENT TO REQUEST THE SERVICES AND TO OTHERWISE AGREE TO THE PROVISIONS ABOVE.