release — finally skincare

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

1. The individual who agrees to the terms contained in this Release (referred to as “I” or “me”) desires to participate in a trial skin analysis provide by Finally, LLC (the “Company”) through my use of an at-home skin assessment (the “Activity”) and receive skincare recommendations from the Company (“Results”) based results derived from the Activity. In consideration of the intangible value that I will gain by participating in the Activity and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this Release of Liability and Assumption of Risk (this “Release”).

2. Acknowledgement. I am aware and understand that the Activity and use of Results are a potentially dangerous activities and involve the risk of personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Company employees or others. I understand that while the Company has implemented measures to reduce the risk of injury from the use of any Results, the Company cannot guarantee that I will not be injured or suffer adverse skin conditions by my participation in the Activity or use of any Results. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY AND THAT MY USE OF ANY RESULTS ARE ENTIRELY VOLUNTARY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

3. No Medical Advice. I acknowledge that the Results are not medical advice and are not intended to diagnose or treat any condition or disease. I acknowledge that environmental factors, lifestyle choices, and other genetic conditions can affect the usefulness of the Results. I acknowledge that the Results are not intended to tell me anything about my current state of health, or to be used to make medical decisions, including whether or not I should take a medication, how much of a medication I should take, or to determine any treatment. If I have concerns or questions about what I learn through the Results, I will contact my physician or other healthcare provider before making any lifestyle changes. I acknowledge that Company’s method of determining the Results has not been clinically validated. Company does not endorse, warrant or guarantee the effectiveness of any specific course of action, resources, tests, physician or other healthcare providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on Company’s website. The Results are intended for informational purposes only. The Results are not intended to be used by me for any diagnostic purpose and are not a substitute for professional medical advice. Reliance on any information provided by Company, Company employees, others appearing on Company’s website at the invitation of Company, or other visitors to Company’s website is solely at my own risk.

4. Disclaimer. I EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) MY USE OF THE MATERIALS PROVIDED FOR THE ACTIVITY AND THE RESULTS ARE AT MY SOLE RISK. THE MATERIALS PROVIDED FOR THE ACTIVITY AND RESULTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) COMPANY MAKES NO WARRANTY THAT (a) THE ACTIVITY OR THE RESULTS WILL MEET MY REQUIREMENTS OR EXPECTATIONS; (b) THE RESULTS WILL BE ERROR-FREE, UNINTERRUPTED, TIMELY, OR UNFAILINGLY SECURE; (c) THE RESULTS WILL BE ACCURATE OR RELIABLE; AND (d) ANY ERRORS IN THE RESULTS WILL BE CORRECTED. (3) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ME FROM COMPANY OR THROUGH OR FROM THE RESULTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS RELEASE AND SHALL NOT BE RELIED UPON AS MEDICAL ADVICE. AND (4) COMPANY DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM MY PARTICIPATION IN THE ACTIVITY AND, THEREFORE, COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM MY PARTICIPATION IN THE ACTIVITY AND USE OF ANY RESULTS.

5. Waiver and Release. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company and its officers, directors, manager(s), employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”) on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, death, property damage, or financial loss arising out of or attributable to my participation in the Activity and use of any Results, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release do not extend to claims that Tennessee law does not permit to be released by agreement.

6. Company’s Limitation of Liability. WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, I EXPRESSLY ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, I EXPRESSLY ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE RESULTS OR ANY MATERIALS PROVIDED OR MADE AVAILABLE BY COMPANY; AND (b) ANY ACTION I TAKE BASED ON THE RESULTS.

7. My Good Health. I confirm that I am in good health and proper physical condition and do not have any medical or other conditions that would impair my ability to participate in the Activity or use any Results. I will also follow all and cautions of the Company at all times. If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Activity or use any Results, I will immediately discontinue further participation in the Activity and use of any Results. I acknowledge that the Company is relying on these statements to allow me to participate in the Activity.

8. Indemnification. I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by the Company or any other Releasees arising out of, related to, or resulting from any claim of a third party related to my participation in the Activity and my use of any Results, including any claim related to my own negligence or, to the extent permitted by applicable law, the ordinary negligence of the Company.

9. Miscellaneous. This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. The section headings used herein are for reference and convenience only and will not be considered in the interpretation of this Release. This Release is binding on and shall inure to the benefit of the Company and me and our respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Davidson County, Tennessee and I hereby consent to the exclusive jurisdiction of such courts.

BY AGREEING TO THIS RELEASE, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS RELEASE, I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT.