READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for use of the property, facilities, and services of Pixie and the Beard LLC, I agree for myself and (if applicable) for the members of my family, to the
following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted
rules and warnings regarding COVID-19, and further agree to follow any oral instructions or
directions given by Pixie and the Beard LLC, or the employees, representatives or agents of Pixie
and the Beard LLC.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain
inherent risks associated with the above described activity regarding COVID-19, acknowledge
the contagious nature of COVID-19 and understand that CDC and public health authorities
recommend the practice of social distancing, and I assume full responsibility for personal injury to
myself and (if applicable) my family members, and further release and discharge Pixie and the
Beard LLC for injury, loss or damage arising out of my or my family's use of or presence upon the
facilities of Pixie and the Beard LLC, whether caused by the fault of myself, my family, Pixie and
the Beard LLC or other third parties.
I acknowledge that Pixie and the Beard LLC has followed all local and state requirements
regarding the coronavirus pandemic to reduce the spread of COVID-19. I acknowledge that Pixie
and the Beard LLC cannot guarantee that I will not become infected with COVID-19.
3. INDEMNIFICATION. I agree to indemnify and defend Pixie and the Beard LLC against all
claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other
litigation costs, which may in any way arise from my or my family's use of or presence upon the
facilities of Pixie and the Beard LLC.
4. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the
above shall be resolved under Arizona law.
5. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this
Agreement and that I have been given a reasonable opportunity to review it before signing. I
further agree and acknowledge that I am free to have my own legal counsel review this Agreement
if I so desire. I further agree and acknowledge that Pixie and the Beard LLC has offered to refund
any fees I have paid to use its facilities if I choose not to sign this Agreement.
This is a RocketLawyer.com document.
6. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of
an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the
interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly
reject the application of any legal or equitable rule of interpretation which would lead to a
construction either "for" or "against" a particular party based upon their status as the drafter of a
specific term, language, or provision giving rise to such ambiguity.
7. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement,
whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the
validity or enforceability of any other provision of this Agreement or of any other applications of
such provision, as the case may be, and such invalid or unenforceable provision shall be deemed
not to be a part of this Agreement.
8. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or
relating to this Agreement through friendly negotiations amongst the parties. If the matter is not
resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute
Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to
mediation in accordance with any statutory rules of mediation. If mediation does not successfully
resolve the dispute, then the parties may proceed to seek an alternative form of resolution in
accordance with any other rights and remedies afforded to them by law.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER
UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY
SURRENDER CERTAIN LEGAL RIGHTS
Copyright © 2020 Pixie and the Beard LLC - All Rights Reserved.
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