RELEASE OF LIABILITY
READ CAREFULLY- THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of smoking Hookah organized by Smoka Hookah LLC and/or use of their services, hookah equipment and tobacco products.
I agree for myself and (if applicable) for the members of my family, to the following:
- COMPLIANCE. In compliance with United States Health Department, Smoka Hookah LLC will not serve any persons under the age of 21, or under the minimum age set by the local jurisdiction for the purchase of tobacco products.
- AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted procedures, rules and warnings (specifically attached), and further agree to follow any oral instructions or directions given by Smoka Hookah LLC.
- 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 personal injury to myself and (if applicable) my family members, and further release and discharge by Smoka Hookah LLC; Smoka Hookah for injury, loss or damage arising out of my or my family’s use of their services, hookah equipment and tobacco products, whether caused by the fault of myself, my family, or other third parties. If you would like to use your own products including hookah tobacco and coals, you will be responsible for everything that may affect your health.
- PROHBITED USE. Our hookahs are meant for smoking flavored hookah/shisha tobacco only! Smoking or adding any other substance in our hookahs is strictly prohibited and will constitute as damage to the hookah/s and you will forfeit your Full Security Deposit / pay the $50 damage fee. Clients assume the risk of any undesirable events, injuries, damages, or malfeasance resulting from the use of Smoka Hookah LLC Hookahs in conjunction with any other substance besides hookah tobacco and will hold Smoka Hookah LLC harmless for such results. Each hookah will be inspected and tested at the Pick-Up time.
- DELIVERY. Delivery of hookah rentals will be made within one hour of requested time. All hookahs are examined prior to delivery for any damage. Delivery charges vary based on geographical location and demand.
- PICKUP. Pickup/Return of rented hookah will occur between the hours of 5:00pm and 7:00pm the next day. Client is responsible for ensuring that hookah and all rented hookah equipment is clean and in good condition prior to pick-up time. Security Deposit for glass hookahs will be fully refunded upon return of rented hookah and equipment in clean and working order. If the customer is unavailable from 5-7pm, an additional charge of $10 will be charged and a new pick up time will be scheduled.
- INDEMNIFICATION. I agree to indemnify and defend Smoka Hookah LLC 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 their services, hookah equipment and tobacco products.
- FEES. I agree to pay $50 for any and all hookah equipment damages to Smoka Hookah LLC hookahs caused by any negligence, recklessness or willful actions by me or my family. I agree to pay $10 if the hookah is not ready for pickup from 5:00pm to 7:00pm on the following day of hookah rental.
- APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Columbus, Ohio law.
- 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 own legal counsel review this agreement if I desire.
- 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.
- 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.
- 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 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 relating to this agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
- EMERGENCY CONTACT. In case of any emergency, please call 911 immediately.
PROCEDURES, RULES AND WARNINGS CONTINUTED
Do not add any other tobacco or drugs to the hookah/s.
Do not smoke if under any health conditions “I certify that there are no health-related reasons or problems which preclude my participation in this activity.”
Do not leave the hookah unattended at any time.
Do not smoke if pregnant.
Keep out of reach of children.
Must be 21 or older to smoke.
Smoka Hookah LLC will not be helf liable for any misuse accidents.
Remove coal and away from hookah when finished.
There will be a $50 damage fee for any broken hookah
There will be a $20 late fee if Hookah not ready for pick up
I HAVE READ THIS ENTIRE DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY CHECKING I AGREE ON THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
Thank you for being a loyal Smoka Hookah costumer.