Evolve Vapor™ Waiver & Release of Liability
If products were bought in our store, this is a copy of the Waiver & Release of Liability
In consideration of the risk of injury while purchasing E-juice with nicotine, using electronic cigarettes, building your own coils, or using any Mod (Modified E-Cig) (The “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability. I waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity and do hereby release and forever discharge Evolve Vapor, located 1500 S Willow St, Manchester, NH 03103, and 310 Daniel Webster Hwy, Nashua, NH 03060, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns for any physical or psychological injury, including, but not limited to illness, paralysis, death, damages, economical or emotional loss that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I am voluntarily participating in the aforementioned Activity entirely at my own risk. The risks and dangers have been explained to me in detail by the staff at Evolve Vapor, and I am aware of the risks associated with the Activity which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss or death. I understand these injuries or outcome may arise from my own or others’ negligence, condition related to travel, or the condition of the Activity location(s). Nonetheless, I assure all related risks, both known or unknown to me, of my participation in this Activity.
I agree to indemnify and hold harmless Evolve Vapor and its employees, staff, owners and affiliates against any and all claims, suite, or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Evolve Vapor incurs any of these types of expenses, I agree to reimburse Evolve Vapor.
I acknowledge that Evolve Vapor has explained to me the dangers of nicotine liquid used in the Activity, and that it is my responsibility to keep said item away from children, pets, the elderly and anyone that is not aware of the said dangers of this product. Furthermore, I am aware that the purchase of a Mod (Modified E-Cig), that requires pre-build coils & wicking material, that I should be familiar with the dangers of electricity, be familiar with Ohm’s law, and know the chemical make-up of the materials used before attempting to build a coil on my own for this device. It is recommendation of Evolve Vapor that you remain above 1.0 Ohm on all builds. Failure to adhere to this recommendation, and any result of this is entirely at my own risk.
I acknowledge that I have carefully read this “Wavier & Release” and fully understand that it is a release of liability. I expressly agree to release and discharge Evolve Vapor, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns from any and all claims or causes of action. I agree to voluntarily give up or waive any right that otherwise have to bring a legal action against Evolve Vapor for personal injury or property damage.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. In the event that damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This agreement was entered into without or duress or coercion, and is to be interpreted between two parties of equal bargaining strength. Both the Participant (Signed below), and Evolve Vapor agree that this agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this agreement. It shall be interpreted based on the language in accordance with the purposes for which it was entered into.
In the event that any provision contained with this release of liability shall be deemed severable or invalid, or if any term, condition or phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
I, the customer/purchaser (Participant), affirm that I am 18 years of age or older. I certify that I have read this agreement, and fully understand its content and that release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am purchasing it of my own free will, and that I acknowledge the danger or the battery and device. By purchasing I acknowledge I am entering the contract. And a copy of the contract is on Evolve Website for my reviewing.