LIABILITY WAIVER AND AGREEMENT
We all know that these are uncertain times. The risks of COVID-19 are not well understood and there is controversy among the experts on how the virus can spread and difficulty in scientifically determining whether anyone has the virus at any moment in time.
We all know that the Centers for Disease Control and Prevention has recommended that all businesses like ours remain closed. On the other hand, our Governor of Kentucky has assessed the risk and he feels that opening salons is safe at this time. Hairchitexture is not an expert in the risk analysis of COVID-19. We are willing to open and provide salon services to you if you are willing to accept the risks of contracting COVID-19.
In consideration for providing haircuts and color, by signing below you agree to accept all responsibility for the risk that you may contract COVID-19. While Hairchitexture is taking your safety and mine very seriously by employing new safety and sanitation initiatives, I cannot guarantee that any of these measures will completely protect you from contracting COVID-19.
NOW THEREFORE, in consideration for providing haircuts and hair coloring services, I agree that should I contract COVID-19, I agree to indemnify and hold my stylist Ainslie Walton and Hairchitexture, its officers, agents, servants, stylists, and landowners and their successors and assigns harmless from any and all claims for damages should I contract COVID-19 from my receiving a haircut and color services from my stylist Ainslie Walton and/or Hairchitexture.
I further agree that I will not file, nor cause to be filed, nor participate in any lawsuit against my stylist Ainslie Walton and / or Hairchitexture, its agents, servants, employees and any other person who may be in any way connected with haircut and color services with my stylist Ainslie Walton or Hairchitexture including but not limited to owners of Hairchitexture and the independent stylist with whom I am receiving services, their staff and agents for injuries and/or death as a result of contracting COVID-19.
I agree that if I take any steps to make a claim for damages against my stylist Ainslie Walton and/or Hairchitexture, its agents, employees or any other released parties arising out of my receipt of haircut and color services during my visit to my stylist and/or Hairchitexture facilities, I shall be obligated to pay all attorneys’ fees and costs incurred as a result of such claim.
I acknowledge that I can go elsewhere to have my hair cut and colored, and I acknowledge that my stylist Ainslie Walton and/or Hairchitexture are not the only hair salons where I can have my haircut and colored. By signing this Agreement, I acknowledge that I am free to go to other salons who may not require my agreements to accept responsibility for contracting COVID-19 and I choose to have haircut and color services.
In addition, I agree that if any dispute or claim relating in any way to the services provided by my stylist Ainslie Walton and/or Hairchitexture pursuant to the terms of this agreement will be resolved by binding, individual arbitration, rather than in court. I agree that arbitration shall be governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects.