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Facial Skincare Products Informed Consent, Waiver, and Release
Parties and Effective Date
This Facial Skincare Products Informed Consent, Waiver, and Release (this “Agreement”) is entered into between JZ Corrective Skin Care Inc., including its owners, shareholders, employees, contractors, agents, affiliates, successors, and assigns (collectively, “Company”), and the undersigned individual purchaser or user of Company’s cosmetic and personal care products (the “Client” or “Customer”). This Agreement is effective as the date of Client’s signature or electronic acceptance below.
Nature of Products and Services
Company formulates, blends, recommends, and/or provides cosmetic and personal care skincare products, including cleansers, moisturizers, acids, exfoliants, and scrubs (the “Products”). Custom blended products are formulated based upon information provided to Company from Customer; therefore the information provided by Client must be accurate, specifically as to any allergies, previous reactions to products and previous or current medical conditions. Any recommendations are based upon information provided by Client. The Products are intended for cosmetic use only and are not drugs or medical devices.
Client Representations and Disclosures
By purchasing, Client represents, warrants, and agrees that, to the best of Client’s knowledge and belief, the following statements are true, complete, and accurate, and that Client will update Company promptly if any information changes before or during Product use:
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Client has provided complete and accurate information regarding Client’s skin type, concerns, goals, and skincare history.
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Client has fully disclosed all allergies and sensitivities, including to cosmetic ingredients, fragrances, preservatives, botanicals, acids, retinoids, and exfoliants.
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Client has fully disclosed all relevant medical conditions, including but not limited to eczema, psoriasis, rosacea, acne, keloid tendency, photosensitivity disorders, cold sores/herpes simplex, autoimmune conditions, and any current skin infections or open wounds.
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Client has fully disclosed all current medications and topical agents used on the face or neck, including topical or oral retinoids (such as tretinoin, adapalene, tazarotene, isotretinoin), antibiotics, steroids/corticosteroids, benzoyl peroxide, hydroquinone, alpha- and beta-hydroxy acids, azelaic acid, vitamin C/ascorbic acid, and any prescription or over-the-counter products that may interact with exfoliants or acids.
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Client has disclosed pregnancy or breastfeeding status, if applicable, and understands certain ingredients may be contraindicated.
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Client has disclosed any prior adverse reactions to skincare products or cosmetic procedures, including irritation, dermatitis, allergies, hyperpigmentation, or scarring.
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Client understands that failure to provide complete and accurate information may increase the risk of adverse outcomes.
Assumption of Risks
Client understands and voluntarily assumes all inherent and foreseeable risks associated with the use of the Products, particularly those containing acids, exfoliants, or scrubs. These risks may include, without limitation, dryness, irritation, redness, peeling, flaking, stinging, burning, blistering, chemical burns, microtears, sensitization, photosensitivity, post-inflammatory hyperpigmentation, hypopigmentation, acne purging or flares, allergic reactions, infections secondary to barrier disruption, and the worsening of preexisting skin conditions. Results vary by individual, and no outcome is guaranteed.
Patch Test and Usage Instructions
Client agrees to the following safety measures and understands that noncompliance may increase risks:
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Perform a patch test before first use of each Product by applying a small amount to a discreet area as directed by Company and monitoring for at least 24–48 hours.
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Read and follow all directions for use, frequency, quantity, layering, and product combinations provided on labels, inserts, or Company communications.
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Do not mix Products with contraindicated actives or procedures, including but not limited to concurrent use of multiple strong exfoliants, retinoids with strong acids, waxing, dermaplaning, peels, microneedling, or laser treatments without appropriate intervals as advised by a qualified professional.
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Use daily broad-spectrum sun protection and protective measures while using exfoliants, acids, or retinoids and for an appropriate period thereafter due to increased photosensitivity.
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Discontinue use immediately and seek medical attention if Client experiences signs of an adverse reaction, such as severe irritation, pain, blistering, hives, swelling, or difficulty breathing, and promptly notify Company of the reaction.
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Store and use Products only as directed, keep out of reach of children, and avoid eye contact unless a Product is specifically indicated for that area.
No Medical Advice
Client understands and agrees that Company does not practice medicine, does not diagnose or treat medical conditions, and does not provide medical advice. The Products and any recommendations are for cosmetic use only and are not a substitute for care from a dermatologist or other licensed healthcare professional. Client should consult a qualified healthcare provider regarding any medical concerns, contraindications, or conditions, including pregnancy or breastfeeding.
Release, Waiver of Liability, and Assumption of Responsibility
To the maximum extent permitted by applicable law, Client, on behalf of Client and Client’s heirs, executors, administrators, and assigns, hereby:
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Assumes full responsibility for the selection and use of the Products and any outcomes arising therefrom.
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Releases, waives, and forever discharges Company from any and all claims, demands, causes of action, damages, losses, costs, and liabilities of any kind, known or unknown, arising out of or related to Client’s purchase, possession, application, or other use or misuse of the Products, including but not limited to claims based on irritation, injury, allergic reaction, hyperpigmentation, infection, or worsening of any condition.
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Agrees that this release applies to claims arising from or related to: reliance on information provided by Client; undisclosed or unknown allergies, sensitivities, or conditions; interactions with medications or other products; failure to conduct a patch test; failure to follow instructions; and failure to seek medical advice when appropriate.
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Agrees that, to the maximum extent permitted by applicable law, this waiver and release includes claims alleging the ordinary negligence of Company in connection with the formulation, recommendation, labeling, instructions, or provision of the Products, but excludes claims that cannot be waived under applicable law.
Indemnification
To the maximum extent permitted by applicable law, Client agrees to indemnify, defend, and hold harmless Company from and against all third-party claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: Client’s misuse of the Products; failure to follow instructions; failure to disclose accurate and complete information; or breach of this Agreement.
Limitation of Remedies and Damages
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If Client is dissatisfied with a Product, Client’s sole and exclusive remedy shall be [refund or replacement per Company’s then-current return policy], provided that the Product is returned or the request is made in accordance with that policy.
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To the maximum extent permitted by applicable law, in no event shall Company be liable for any indirect, consequential, incidental, special, exemplary, or punitive damages, or for any lost profits, lost business, or loss of goodwill, even if advised of the possibility of such damages.
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To the maximum extent permitted by applicable law, Company’s total aggregate liability arising out of or relating to any Product shall not exceed the amount actually paid by Client for the specific Product giving rise to the claim.
No Guarantees; Disclaimer of Warranties
Client understands that results vary by individual and that no results are guaranteed. To the maximum extent permitted by applicable law, the Products and any recommendations are provided “as is,” with no warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or noninfringement, except where such warranties cannot be disclaimed under applicable law.
Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.
Governing Law; Venue
This Agreement is governed by the laws of the State of California, without regard to its conflict of law rules. The parties agree that any dispute arising out of or relating to this Agreement or the Products shall be brought exclusively in the state or federal courts located in Orange County, California, and the parties consent to the personal jurisdiction of such courts.
Entire Agreement; Modifications
This Agreement constitutes the entire agreement between Client and Company regarding the subject matter herein and supersedes all prior or contemporaneous understandings. No modification or waiver is effective unless in a written instrument signed by Company or presented to Client electronically by Company and accepted by Client.
Electronic Consent
Client agrees that electronic signatures, checkboxes, and other electronic acknowledgments shall have the same force and effect as an original signature to the maximum extent permitted by applicable law.
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