The text below reproduces the official form verbatim, including "Initial:" markers that indicate where the printable form is initialed.
Firezat, Inc. dba FireFoil Liability Release Form info@firefoil.com · 1810 E Sahara Ave STE 75032, Las Vegas, NV 89104
Address of Structure Where Shield(s) Will be Deployed: Address / City / State / Zip
Waiver and Release Form
This Waiver and Release form must be initialed and signed where indicated by the purchaser acknowledging agreement and unconditional acceptance of the terms and conditions as set forth within this Waiver and Release form as a condition of any sale between the purchaser and Firezat, Inc. d/b/a FireFoil ("FireFoil").
FIREFOIL PRODUCTS ARE NOT SUITABLE FOR ALL USES OR ENVIRONMENTS. DUE TO THE EXTREME CONDITIONS ASSOCIATED WITH ALL FIRES WHETHER WILDFIRES, BUSHFIRES, OR OTHERS, INCLUDING HIGH HEAT, HIGH WINDS, LOW HUMIDITY, AND THE UNPREDICTABILITY ASSOCIATED WITH ALL FIRES, IT IS IMPOSSIBLE TO MAKE WARRANTIES OR GUARANTEES OF SUITABILITY OR PERFORMANCE OF ANY KIND.
Acknowledgment and Assumption of Risk
The limitations set forth herein are a fundamental condition of use of FireFoil's products and services and that FireFoil products and services would not be provided to Customer absent such limitations. Customer acknowledges and agrees that: FireFoil products do not guarantee protection from fire, smoke, injury, or property damage. Proper installation, deployment, removal, use, maintenance, storage, and application of FireFoil products are essential to their performance. Misuse, failure to follow instructions, or lack of maintenance can result in malfunction or failure of the FireFoil products. By using FireFoil products, Customer assumes all risks and responsibilities associated with installation, deployment, removal, use, maintenance, storage, and application of FireFoil products. It is the Customer's sole responsibility to determine whether FireFoil products are appropriate for the intended use and comply with the health and safety laws and federal, state or local regulations. Initial: ___
No Guarantees, Representations or Warranties
FireFoil makes no guarantees, representations or warranties of any kind regarding the effectiveness, suitability, or performance of its products or for its results and assumes no obligation or liability in connection with this information or the use of its products. Accordingly, FireFoil makes no guarantees, representations, or warranties in respect of its products, including, but not limited to, warranties of merchantability, and or warranties of fitness for any purpose. FireFoil shall not be liable for any loss, injury or death or any direct or indirect damages arising out of the use of its products. Initial: ___
FireFoil and its distributors, retailers, manufacturers, assemblers, contractors, suppliers and vendors, and its and their owners, employees, contractors, agents and representatives make no claims or statements, or offer any assurance or assurances, guarantees, promises, either direct or implied, as to the effectiveness, suitability or performance of its products to protect any person, property or possessions from fire damage or any other calamity whether anticipated or foreseen. FireFoil and its distributors, retailers, manufacturers, assemblers, contractors, suppliers and vendors disclaim all express or implied representations or warranties regarding the information, services, products, materials, and any other resources available on or accessible through its website or via direct contact with the company, including (without limitation) any implied warranties of merchantability or fitness for a particular purpose. All such information, services, products, materials, and other resources are made available "AS IS" and "AS AVAILABLE" without warranty of any kind. Property damage up to and including total destruction of the structure or property being covered by any FireFoil product may occur even under the best conditions. FireFoil and its distributors, retailers, manufacturers, assemblers, contractors, suppliers and vendors shall not be liable for any loss, injury or death or any direct or indirect damages arising out of the deployment of, or use of, its products. Initial: ___
FireFoil believes the information herein is the best currently available. It is subject to revision as additional knowledge and experience are gained. FireFoil and its distributors, retailers, manufacturers, assemblers, contractors, suppliers and vendors makes no guarantees of results and assumes no obligation or liability in connection with this information or the use of its products. Initial: ___
FireFoil's sole remedy shall be replacement of unused product upon proof of defect within ninety (90) days from the purchase date. No refunds shall be issued. Initial: ___
WARNING!
FIREFOIL PRODUCTS ARE NOT INTENDED TO BE USED UNDER ANY CIRCUMSTANCES TO PROTECT PERSONS OR ANIMALS. IMPROPER DEPLOYMENT OR USE OF FIREFOIL PRODUCTS MAY RESULT IN PERSONAL INJURY OR DEATH. IN ADDITION, PROPERTY DAMAGE OR TOTAL DESTRUCTION OF THE STRUCTURE OR PROPERTY BEING COVERED BY A FIREFOIL PRODUCT MAY OCCUR EVEN UNDER THE BEST CONDITIONS. Initial: ___
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITH RESPECT TO ALL FIREFOIL PRODUCTS OR SERVICES WHETHER PURCHASED THROUGH WWW.FIREFOIL.COM, PHONE ORDERS, OR FROM FIREFOIL DISTRIBUTORS OR RETAILERS, IN NO EVENT SHALL FIREFOIL OR ITS DISTRIBUTORS, RETAILERS, MANUFACTURERS, ASSEMBLERS, CONTRACTORS, SUPPLIERS AND VENDORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, RELOCATION EXPENSE, INSURANCE DEDUCTIBLE OR PREMIUMS, LITIGATION, OR ANY OTHER INTANGIBLE OR PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR PERFORMANCE OF FIREFOIL PRODUCTS, WITH THE DELAY OR INABILITY TO DELIVER PRODUCTS TO THE CUSTOMER OR THE DEPENDENCE ON THIRD PARTIES TO PROVIDE DELIVERY SERVICE TO THE CUSTOMER OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY FIREFOIL PRODUCTS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Initial: ___
Waiver and Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER WAIVES AND RELEASES FIREFOIL AND ITS DISTRIBUTORS, RETAILERS, MANUFACTURERS, ASSEMBLERS, CONTRACTORS, SUPPLIERS AND VENDORS, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, RELOCATION EXPENSE, INSURANCE DEDUCTIBLE OR PREMIUMS, LITIGATION, OR ANY OTHER INTANGIBLE OR PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR PERFORMANCE OF FIREFOIL PRODUCTS, WITH THE DELAY OR INABILITY TO DELIVER PRODUCTS TO THE CUSTOMER OR THE DEPENDENCE ON THIRD PARTIES TO PROVIDE DELIVERY SERVICE TO THE CUSTOMER OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY FIREFOIL PRODUCTS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Initial: ___
Conditions of Use
Always follow the directions of fire, police, and emergency personnel and evacuate when instructed. FireFoil products are extremely slippery when wet; use caution and safety gear when walking on or near products, particularly on roofs. FireFoil does not recommend roof access by homeowners; ground-level deployment is advised whenever possible. Avoid contact with power lines or cables. Exercise caution in windy conditions and when working near windows, vehicles, ladders, scaffolding, or elevated areas. During deployment, all seams and edges must be securely sealed using nails, sandbags, shield bands, or other methods to prevent embers or wind from breaching the protection. Reflective materials can cause glare; use proper eye protection, such as dark sunglasses, when working in direct sunlight. For complete safety and deployment instructions, refer to the product manual and installation guides included with the product.
Agreement
PLEASE READ THIS WAIVER AND RELEASE CAREFULLY. SIGNATOR ACKNOWLEDGES THAT HE/SHE IS AT LEAST 18 YEARS OF AGE AND IS AUTHORIZED ON BEHALF OF CUSTOMER TO SIGN THIS WAIVER AND RELEASE. BY SIGNING THIS WAIVER AND RELEASE OR BY USING THE FIREFOIL PRODUCTS OR SERVICES CUSTOMER AGREES TO BE BOUND BY THIS WAIVER AND RELEASE. This Waiver and Release shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles. Any dispute arising out of or relating to this Waiver and Release, or the use of FireFoil products or services, shall be brought exclusively in the state or federal courts located in Clark County, Nevada, and the parties hereby irrevocably submit to the jurisdiction and venue of such courts. If any provision of this Waiver and Release is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Customer acknowledges and agrees that the limitations, waivers and release set forth in this Waiver and Release are reasonable and that FireFoil products and services would not be provided to Customer absent such limitations, waivers and release.