WAIVER & RELEASE OF LIABILITY & INDEMNIFICATION, & ARBITRATION AGREEMENT
__I am over the age of 21; and
__I am fully cognizant of, aware of, and explicitly assume all risks associated with the use of any personal electronic vaporizers, and any component or part including but not limited to e-liquid, concentrated nicotine
solution packets, batteries (collectively, “Vaping Products”), sold by, serviced by or subject to any consultation I may have with Vapin’ The Web. My Assumption of these risks includes all risks associated with but not limited to
vaporizer device alterations I myself, Vapin’ The Web or any third party mak make, as well all risks regarding battery tolerances. storage, battery charging and use of Vaping Products.
In consideration of IT IS WHAT IT IS-II, LLC, MORIJA LLC, d/b/a “Vapin’ The Web” sale of, service of, and/or consultation regarding Vaping Products to me, which I freely acknowledge that I am free to accept or reject, I hereby release, discharge and hold harmless Vapin’ The Web and its officers, directors, employees, members, subsidiaries, agents, successors, and assigns (the “Vapin’ The Web Parties”) from any and all liability that may arise, directly or indirectly, now or in the future, by reason of any injury, damage, loss, or expense incurred by me in connection with my purchase and/or use of any Vaping Products or service from the Vapin’ The Web, or from any consultation of service provided by Vapin’ The Web regarding Vaping Products. I specifically intend that this release, discharge and hold harmless provision include any loss, harm or damages that are caused soleley or in part by the fault (including but not limited to negligence, gross negligence and/or recklessness) of the Vapin’ The Web Parties. I shall indemnify Vapin’ The Web for all costs and damages, including attorneys fees should I breach this agreement. It is my express wish that any and all disputes between myself and Vapin’ The Web, including any claims that I may have against Vapin’ The Web related to the products used and/or purchased by me from them, shall be
settled by confidential and binding arbitration before a neutral arbitrator located in San Diego County, California pursuant to California law. This Release and Waiver of Liability and Indemnification shall be binding on my heirs,
executors, administrators, successors, and assigns as well as on The Vapin’ The Web Parties with respect to any claims they may have against me. It is my intent that: I HAVE READ AND UNDERSTOOD THIS WAIVER, RELEASE AND INDEMNIFICATION AGREEMENT AND ENTER INTO IT IN EXCHANGE FOR THE AFOREMENTIONED CONSIDERATION AND THE OPPORTUNITY TO CONSULT WITH VAPIN’ THE WEB REGARDING VAPING PRODUCTS AND THEIR USE
AS DESCRIBED ABOVE. I have been advised to seek out independent legal counsel to assist me in my decision to execute this agreement and have been given the opportunity to do so. I hereby execute this agreement with the clear understanding and full knowledge that I am unequivocally waiving any and all claims against Vapin’ The Web as
described above, indemnifying Vapin’ The Web as described above and specifically agreeing to arbitrate any claims that Vapin’ The Web may have against me and vice versa as described above.
Signature : ________________________________________
Print : ____________________________________________
Date : ____________________________________________