Assumption of Risk, Hold Harmless, Indemnification and Release, Waiver of Liability Agreement
IN CONSIDERATION OF MY VOLUNTARY PURCHASE OF AND PARTICIPATION IN ANY OF THE SERVICES AND PRODUCTS OFFERED ON THIS SITE, I UNDERSTAND THAT I AM BEING ASKED TO CAREFULLY READ EACH OF THE FOLLOWING PARAGRAPHS AND AGREE TO ITS TERMS.
I UNDERSTAND THAT IF I WISH TO DISCUSS ANY OF THE TERMS CONTAINED IN THIS AGREEMENT BEFORE PURCHASE, I'M ENCOURAGED TO CONTACT E R Blomgren and Associates, LLC (hereinafter "the Company") at [email protected], before purchasing.
Financial and Legal Advice
I understand that neither the Company nor its members, officers, employees, independent contractors, agents, and volunteers (“Releasees”) provide, or will provide, financial or legal advice; furthermore, I am advised to consult with my attorney or financial planner on such matters. I understand that the Company and its Releasees provide specialized education and services regarding colored gemstones, diamonds, gem identification and markets, and appraising.
Assumption of Risk
As an adult, I understand that being involved in the gem world, by the very nature of markets, includes certain inherent risks and uncertainties that cannot be eliminated regardless of the care taken to avoid such. The specific risks vary, but range from: 1) "losses" that occur within the normal pricing and valuations ups and downs of the markets that occur in the course of each day's market and world activities (because no markets move in a continuous upward path!), to 2) financial losses of accrued upside gains to 3) significant losses of upside gains and/or principal. I understand and appreciate the risks that are inherent in the above-listed activities. I hereby assert that my participation is voluntary and that I knowingly assume all such risks. I further understand that I am ultimately responsible for my own decisions and well-being.
Hold Harmless, Indemnity and Release, and Waiver of Liability
In consideration of being free to purchase various products and services enumerated in this site, I agree, for myself, my heirs, personal representatives or assigns, to defend, hold harmless, indemnify and release, Edward Blomgren, GG, E R Blomgren and Associates, LLC (the “Company”), its members, officers, employees, independent contractors, agents, and volunteers (“Releasees”) from and against any and all claims, demands, actions, or causes of action of any sort, and attorney’s fees on account of damage to personal financial property, which may result from my participation in the above-listed activities. This release includes claims based on the negligence of the Company / Releasees, but expressly does not include claims based on their intentional misconduct or gross negligence. I understand that by agreeing to this clause I am releasing claims and giving up substantial rights, including my right to sue.
The undersigned / purchaser expressly agrees that the foregoing assumption of risk, release and waiver of liability and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of North Carolina and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect
Acknowledgment of Understanding
I, the purchasing customer, have read this assumption of risk, release and waiver of liability and fold harmless indemnity agreement, and have had the opportunity to ask questions about the same. I fully understand this Agreement and that I may be giving up some rights in connection therewith, and that its terms are contractual, and not a mere recital. I freely and voluntarily acknowledges agree and, by purchasing anything in this website hereby execute this Agreement.