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CONSENT, RELEASE OF LIABILITY AND ASSUMPTION OF RISK

Calia & Coast LLC

The individual named below (referred to as "I" or "me") desires to participate in the fastening/securing of permanent jewelry onto my body (the "Activity") performed Calia & Coast LLC, with offices and pop-ups located in Horry County, South Carolina (the "Company"). In consideration of the fastening/securing of permanent jewelry onto my body and in recognition of the Company's reliance hereon, I agree, on behalf of myself, my heirs, and my personal representatives, to all the terms and conditions set forth in this instrument (this "Release").

I am aware that the process of applying/fastening/securing permanent jewelry involves the use of welding equipment and related welding tools. Potential risks of the Activity include, but are not limited to burns, eye injuries that could result in permanent vision or sight loss or impairment, and other bodily harm. I have been instructed by the Company and I am aware that I cannot look at the arc weld or watch any portion of the Activity unless I wear properly rated welding safety glasses as my duty and sole responsibility to avoid eye injuries.

I confirm that I am in good health and proper physical condition and do not have any medical or other conditions that would impair my ability to participate in the Activity. I will also follow all instructions, recommendations, and cautions of the Company at all times during the Activity. I hereby certify that I have disclosed all conditions regarding my health history and past reactions to jewelry metal and components in connection with the Confidential Client Profile and Consultation Form. 

I understand that if I have a pacemaker or any other medical condition that could be adversely aected by welding activities, I must disclose this to my Permanent Jewelry Artist before proceeding with the application of permanent jewelry. Failure to disclose such information may result in serious health risks, including potential interference with medical devices like pacemakers.

I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY OR PROPERTY DAMAGE ARISING FROM THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

I hereby expressly waive and release any and all claims which I may have, or which I may hereafter have, whether known or unknown, against the Company, and its officers, directors, manager[s], employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that South Carolina does not permit to be released by agreement.

I understand that by signing this release, I am waiving any and all claims, of any kind arising out of or attributable to my participation in the Activity, and the Activity itself, including those claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE: 

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by the Company or any other Releasees, arising out of or resulting from any claim of a third party related to my participation in the Activity, and the Activity itself, including any claims arising out of my own negligence or the ordinary negligence of the Company.

I hereby consent to receive from any licensed hospital, physician, or medical personnel any medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation and I release all parties from any type of liability for anything that may happen during my treatment.

I hereby consent to use, re-use, publishing of any photographic pictures of me. I hereby relinquish any right that I may have to examine or approve the completed product or products advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied. 

This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter 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 Release is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not act any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall insure to the benefit of the Company and me and their respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of South Carolina any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Horry County, South Carolina and I hereby consent to the exclusive jurisdiction of such courts.

By initialing (physically or electronically) in the spaces provided by each statement I specifically acknowledge that:

Although rare, I understand there is possibility of a PH reaction between the jewelry and my skin, which may cause a green mark. If I notice any itching or rash, I will remove the jewelry immediately. I understand that gold-filled jewelry might also cause a green mark on my skin due to the oxidation reaction with lotion, sweat or dirt. I will clean my jewelry regularly to remove any excess lotion, sweat, and dirt. I understand that the green mark from oxidation does not make me eligible for a refund. I understand that sterling silver can tarnish when exposed to salty air, chlorine, sulfur, humidity, perspiration, cosmetics, bleach, and other chemicals. I understand that tarnishing of sterling silver does not make me eligible for a refund. I understand that the friction of the jewelry rubbing against my skin and oils will typically shine the sterling silver back up. I understand that I also have the option to clean my sterling silver by using skin-safe sterling silver cleaner, rubbing it with a jewelry cleaning cloth, rinsing it with warm water and blotting it dry to restore its shine.


I understand that although the jewelry is considered "permanent" it can be removed at any time with a simple cut of the jump ring.


I understand there is a possibility of an allergic reaction to the metals commonly used in permanent jewelry.


I understand if I look directly into the weld spark there is a risk of temporary and permanent eye injury.


I agree to follow all instructions concerning the aftercare of my jewelry and that any repairs needed because of my own negligence will be done at my own expense.


I have been fully informed of the risks of permanent jewelry including but not limited to medical complications, allergic reactions to metal jewelry and eye injury. Having been informed of potential risks associated with receiving permanent jewelry, I still wish to proceed with the application of the jewelry.


I authorize the Company to apply permanent jewelry. In order to minimize risk of injury, I understand that it is my responsibility to remain still for the entire process of permanent jewelry application or until otherwise directed. I have been fully informed regarding the methods and procedures used in the application of permanent jewelry. All potential complications, including but not limited to skin burns from welding, eye injury from looking directly into the weld, redness, irritation, and allergic reactions to the jewelry metal or components have been fully disclosed to me. I certify that I understand these potential complications, and that I knowingly and voluntarily consent to the application of permanent jewelry.


If at any time I feel uncomfortable during the permanent jewelry application, I agree to immediately notify the Permanent Jewelry Artist. I acknowledge that no guarantees or promises regarding the appearance or longevity of the permanent jewelry have been made.


I agree to use only products recommended for jewelry and fully understand that maintenance is also required to increase the longevity of the jewelry.


All questions about the permanent jewelry application have been answered to my satisfaction, and I have read the aftercare instructions for the jewelry I am about to receive.


SALES, WARRANTY, AND REPAIR TERMS

I acknowledge and agree that due to the custom nature of the permanent jewelry, once the chain has been cut to size, all sales are final, and no refunds will be issued. This is because the chain is custom fit and cannot be reused for another client. I understand that my Permanent Jewelry Artist will discuss sizing with me before the chain is cut, and I accept full responsibility for the size chosen. I acknowledge that there are absolutely no refunds for the permanent jewelry service. This policy is strictly enforced, and by signing this waiver, you agree to these terms.

If I initiate a chargeback on my payment method, I understand that the Company will be unable to provide any further assistance with my transaction, including repairs or rewelds. Attempting a chargeback after agreeing to these terms may result in legal action to recover the cost of services rendered and associated legal fees.

I understand that the Company provides a weld warranty. If the jewelry breaks at the weld site, the Company will repair it at no charge. However, if the chain breaks elsewhere, the Company will repair it for free at its convenience, provided that all pieces of the chain are retained and presented to the Company. Failure to retain all pieces of the chain will render the jewelry irreparable, and the Company will be unable to provide any repair services. Additionally, I acknowledge that after three repairs, the Company reserves the right to determine that permanent jewelry may not be suitable for me and may decline to perform further rewelds.

All repairs will be coordinated at the Company's convenience. I agree that any repair services provided by the Company are subject to availability and scheduling, and I will work with the Company to arrange a suitable time for any necessary repairs.

To initiate a warranty claim or request a repair, you must contact the Company within 7 days of the weld failure. All repairs are subject to the terms outlined above.

I understand that my body's pH levels may cause the chain to turn green. I also acknowledge that frequent exposure of my jewelry to pools, spas, or other water sources with chemicals can lead to the deterioration of the jewelry. The Company cannot be held responsible for any changes in color or wear caused by my daily activities, personal care products, or environmental factors. I accept that the longevity of the jewelry's appearance is not guaranteed, and I am responsible for its care.

I acknowledge that while permanent jewelry is designed for daily wear, it is not indestructible. I understand that the jewelry may require maintenance or repairs over time due to normal wear and tear or unforeseen circumstances. The Company cannot guarantee that the jewelry will last indefinitely without care or maintenance.

PERMANENT JEWELRY 

AFTERCARE INSTRUCTIONS

It is crucial to understand that even our high-quality gold-filled jewelry may cause a green mark on the skin due to the natural oxidation reaction of the base metal when in contact with lotion, sweat, or dirt. This reaction does not indicate that the jewelry is of inferior quality or plated. To minimize this effect, it is essential to regularly and gently clean the jewelry to remove any accumulated lotion, sweat, and dirt. When cleaning, do not scrub with a brush or use any abrasive materials, as this can scratch the gold surface and reduce its longevity. Instead, use a soft, damp cloth to carefully wipe the jewelry. You can also use a mild, skin-safe soap if needed. After cleaning, gently pat the jewelry dry with a soft, lint-free cloth. Please be aware that a green mark resulting from oxidation is a normal reaction and does not entitle you to a refund under any circumstances.

Likewise, sterling silver is susceptible to tarnishing when exposed to environmental factors such as salty air, chlorine, sulfur, humidity, perspiration, cosmetics, bleach, and other harsh chemicals. Tarnishing is a natural process for sterling silver and does not qualify for a refund. To restore the shine of your sterling silver jewelry, the friction from wearing it against the skin and natural oils will often help to polish it. For more stubborn tarnishing, you can use a skin-safe sterling silver cleaner by gently rubbing it with a jewelry cleaning cloth, rinsing it with warm water, and blotting it dry.

Additionally, be aware of the possibility of metallicabrasion, which occurs when tiny metal particles from your jewelry mix with cosmetics, lotions, or other personal care products, causing a dark or grayish stain on the skin. This is a common reaction and does not reflect a defect in the jewelry. To prevent metallic abrasion, ensure that the area where your jewelry is worn is free from lotions, perfumes, and other chemicals. Any marks caused by metallic abrasion can be wiped off easily and do not qualify for a refund.

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THE WAIVER OF LIABILITY. I ACKNOWLEDGE THAT I AM VOLUNTARILY AGREEING TO THESE TERMS AND ACCEPTING FULL RESPONSIBILITY FOR MY PARTICIPATION IN THIS ACTIVITY, INCLUDING ALL RISKS ASSOCIATED WITH IT. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR ANY CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO THE ACTIVITY, INCLUDING BUT NOT LIMITED TO CLAIMS INVOLVING NEGLIGENCE, PRODUCT LIABILITY, AND ANY OTHER CLAIMS ARISING OUT OF MY PARTICIPATION. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT TO ENTER INTO THIS AGREEMENT.

I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Release of Liability and Assumption of Risk.

Date: September 11, 2025

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
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 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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