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Full Terms & Condtions Sales Agreement

FULL TERMS AND CONDITIONS OF SALE AGREEMENT

By purchasing or consuming anything sold at the Ohana Kava Bar (“PRODUCTS”), you and your party acknowledge that you’ve read and agree to the terms and conditions of sale, are 18+ years of age, and have consulted your physician or health care professional about the nature of the products you are consuming and that they are safe for you to consume. Furthermore, you have educated yourself as to the risks and benefits of our products and agree to indemnify and hold harmless Ohana Kava Bar, its owners, officers, employees, and associates individually and collectively from and against all costs, losses, claims, demands, suits, actions, payments and judgments, including legal and attorney fees, arising from personal or bodily injuries, property damage or otherwise, however caused, brought or recovered against any of the above that may arise for any reason from or be alleged to be caused by Ohana Kava Bar.

WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE OHANA KAVA BAR AND OTHER PARTIES. BY PURCHASING OR CONSUMING ANYTHING YOU ARE AGREEING THAT YOU HAVE READ THIS DOCUMENT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.

IN CONSIDERATION of OHANA KAVA BAR, its OWNERS, OFFICERS, EMPLOYEES and ASSOCIATES, (collectively the “Released Parties”) allowing me to purchase or consume any of the products (referred to as “PRODUCTS”) sold by Ohana Kava Bar, I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement (the “Agreement”):

  1. I hereby represent that (i) I am an adult 18 years of age or older. (ii) I am in good health and in proper physical condition to consume PRODUCTS sold (iii) I am not under the influence of alcohol or any illicit, OTC, or prescription drugs which would in any way impair my ability to safely consume PRODUCTS and (iv) I agree that it is my sole responsibility to consult with my doctor or qualified health professional before I consume any PRODUCTS to see if it is safe and appropriate for me to consume. (v) Furthermore, I understand that these PRODUCTS are not safe or sober alternatives to drugs, alcohol, or any other substance and that they are not designed to assist individuals with substance abuse or addiction. (vi) Furthermore, I understand that no claims are made or implied about these PRODUCTS.
  2. I understand and acknowledge the PRODUCTS have risks associated with them including rare but serious risks which include, without limitation, the potential for adverse reactions, allergic reaction, serious bodily injury, sickness and disease, permanent disability, addiction and withdrawals, and other undefined risks and dangers which may not be readily foreseeable or are presently unknown (the “Risks”). Furthermore, these PRODUCTS may be habit forming or addictive and I understand the risk of developing an addiction to said PRODUCTS if consumed frequently and/or in high doses over time which may lead to adverse side effects such as moderate withdrawal symptoms upon abrupt discontinuation of said PRODUCTS. I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the PRODUCTS, or the acts, inactions, or negligence of the Released Parties. I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses, or expenses which I incur as a result of my participation in the PRODUCTS.
  3. I agree to be familiar with the ingredients in the PRODUCTS as well as the risks and benefits of the PRODUCTS that I consume and accept sole responsibility for my own conduct and actions while participating in these PRODUCTS.
  4. I hereby release, waiver, and covenant not to sue, and further agree to indemnify, defend and hold harmless the Released Parties, together with the organizers, promoters, sponsors, advertisers, hosts, venue and property owners upon which the Activities take place, law enforcement agencies and other public entities providing support for the PRODUCTS, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers, with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense, including court costs and reasonable attorney’s fees of any kind or nature (“Liability”) which may arise out of, result from, or relate to my participation in the PRODUCTS, including claims for Liability caused in whole or in part by the negligence of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, make a claim for Liability against any of the Released Parties, I will indemnify, defend, and hold harmless each of the Released Parties from any such Liability which any may be incurred as a result of such a claim.

I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, and acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that by purchasing or consuming PRODUCTS at this establishment that I am automatically agreeing to this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my participation in the PRODUCTS to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representation, statements, or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

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