RELEASE OF LIABILITY AND ASSUMPTION OF RISK 

The individual named below (referred to as “I” or “me”) desires to participate in salon services (the “activity”) which shall be provided by any independent contractor that works in Twyst Salon.  As lawful consideration for the value that I will gain by participating in the Activity, I agree to all the terms and conditions set forth in this agreement (this “Agreement”). 

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS ILLNESS, INJURY AND/OR DEATH.  I ACKNOWLEDGE THAT I AM AWARE OF THE COVID 19 VIRUS AND ITS ABILITY TO BE TRANSFERRED FROM PERSON TO PERSON CONTACT.  I AM ALSO AWARE THAT ANY PERSON MAY CARRY THE VIRUS AND BE ASYMPTOMATIC.  I UNDERSTAND THAT THE INDEPENDENT STYLIST AND/OR TWYST SALON CANNOT GUARANTEE THAT I WILL NOT BECOME INFECTED WITH COVID 19, DESPITE THE BEST EFFORTS TO ABIDE BY STATE AND FEDERAL GUIDELINES SURROUNDING COVID 19.  I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER OF ILLNESS INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF ILLNESS, INJURY, OR DEATH.  I AGREE TO HOLD TWYST SALON AND ANY INDEPENDENT CONTRACTOR WHO PERFORMS SERVICES IN TWYST SALON 100% FAULTLESS AND BLAMELESS AND ALL RISK IS MINE AS A CLIENT TO ASSUME.   

I hereby expressly waive and release any and all claims, now known or hereafter known, against Twyst Salon or any independent contractors, owners, stylist, agents, lessees, affiliates, successors, and assigns (collectively “Releasees”), on account of illness, injury, or death arising out of or attributable to my participation in the Activities.  I agree not to make or bring any such claim against Twyst Salon or any of the independent contractors who work under Twyst Salon, and forever release and discharge Twyst salon and any independent contractor who works in Twyst Salon and all other Releasees from liability under such claims. 

I shall defend, indemnify, and hold harmless Twyst Salon and any independent contractor who works in Twyst Salon and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgements, settlements, interests, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of resulting from any claim of a third party related to the Activities.  

This Agreement constitutes the sole and entire Agreement between the independent contractor, Twyst Salon and me with respect to the subject matter of release of liability and assumption of risk 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 Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision in any other jurisdiction.  This Agreement is binding on and shall inure to the benefit of Twyst Salon, all independent contractors who work in Twyst Salon, and me and their respective successors and assigns.  All matters arising out of or relation to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule.  Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Washington County, Oregon and I hereby consent to the exclusive jurisdiction of such courts. 

BY ENTERING AND RECEIVING  SERVICES, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEAGAL RIGHTS, INCLUDING THE RIGHT TO SUE TWYST SALON AND ANY INDEPENDENT CONTRACTOR WHO WORKS IN TWYST SALON.