In exchange for participation in the activity of sharpening and repair services for Shears, Knives, Blades, Cutters, Electrical Clippers, Electric tools performed by VGM Enterprises Inc. DBA The Barber Company, of 2580 S Decatur Blvd Ste 1A-1C, Las Vegas, Nevada, 89102, and/or use of the property, facilities, and services of VGM Enterprises Inc. DBA The Barber Company, I, the customer, agree for myself and (if applicable) for the members of my family, to the following: 1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by VGM Enterprises Inc. DBA The Barber Company, or the employees, representatives, or agents of VGM Enterprises Inc. DBA The Barber Company. 2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above-described activity, and I assume full responsibility for property damage, loss, malfunction, theft, and further release and discharge VGM Enterprises Inc. DBA The Barber Company for injury, loss, or damage arising out of my or my family's use of the above-described activity. 3. INDEMNIFICATION. I release and hold harmless VGM Enterprises Inc. DBA The Barber Company from any kind of indemnification arising from the above-described activity and against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of the above-described activity. 4. DEPOSIT FOR SERVICE. I acknowledge and agree that a deposit of $15 (FIFTEEN DOLLARS) will be required upon receipt of the tool for service. This deposit will be applied toward the final amount due for the service rendered. I further agree and acknowledge that this deposit will be forfeited under the following circumstances: a. The tool is not retrieved within ninety (90) days from the date of service. b. After the provision of a quote for repair services, if I decline to proceed with the repair, the deposit will be applied as a diagnostic fee for the tool. 5. DISPOSAL OF TOOL AFTER 90 DAYS. I acknowledge and agree that VGM Enterprises Inc. DBA The Barber Company will retain the serviced tool in storage for a maximum of ninety (90) days. Should the tool remain unclaimed beyond this period, I hereby authorize VGM Enterprises Inc. DBA The Barber Company to dispose of the tool at its sole discretion, without any obligation to provide compensation or reimbursement to me. 6. FEES. I agree to pay for the services provided, related to the above-described activity, to VGM Enterprises Inc. DBA The Barber Company. 7. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Nevada law. 8. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my legal counsel review this Agreement if I so desire. I further agree and acknowledge that VGM Enterprises Inc. DBA The Barber Company has offered to refund any fees I have paid regarding the above-described activity if I choose not to sign this Agreement. 9. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. 10. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement. 11. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction. 12. EMERGENCY CONTACT. In case of an emergency, please call VGM Enterprises Inc. DBA The Barber Company at (702) 900 9972 (Day), or (702) 900 9972 (Evening).I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
