Fire Edition Waiver

Black Death Fire Edition Waiver & Release of Liability

PLEASE READ CAREFULLY. BY SIGNING THIS DOCUMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

 

1. Acknowledgment of Risks

I acknowledge and understand that consumption of Black Death Candy Fire Edition (the “Product”) involves inherent and significant risks, including but not limited to:

• Severe burning sensations in the mouth, throat, and digestive tract.
  
  
• Nausea, vomiting, abdominal pain, sweating, tearing, dizziness, difficulty breathing, or elevated heart rate.
  
  
• Aggravation of existing medical conditions, including but not limited to gastrointestinal disorders, cardiovascular disease, respiratory illness, allergies, or sensitivities to capsaicin or acidic foods.
  
  

I understand that these risks may result in temporary or lasting discomfort, injury, or, in rare cases, serious medical complications.

 

2. Representations of Participant

I represent and warrant that:

• I am voluntarily choosing to consume the Product.
  
  
• I am at least eighteen (18) years of age, and am legally competent to sign this agreement.
  
  
• I am not pregnant or breastfeeding.
  
  
• I have no medical condition, illness, or sensitivity that could be worsened by consuming extremely spicy or highly acidic foods.
  
  
• I have read and understand the warnings provided on the Product’s packaging.
  
  

3. Assumption of Risk

I knowingly and freely assume all risks associated with the consumption, handling, or misuse of the Product, whether those risks are known or unknown, foreseeable or unforeseeable, and regardless of whether they arise in whole or in part from the negligence of the Released Parties (as defined below).

 

4. Release of Liability

To the fullest extent permitted by law, I hereby release, waive, discharge, and covenant not to sue Black Death Candy INC, its affiliates, officers, directors, employees, agents, contractors, successors, and assigns (the “Released Parties”) from any and all liability, claims, demands, actions, damages, costs, or expenses arising out of or in connection with my consumption or handling of the Product, including those caused by the negligence of the Released Parties.

 

5. Indemnification

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, causes of action, damages, costs, or expenses, including reasonable attorney’s fees, arising out of or related to my consumption or handling of the Product.

 

6. No Warranty

I acknowledge that the Product is provided “AS IS,” without warranty of any kind, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.

 

7. Severability

If any provision of this Waiver is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

8. Governing Law & Jurisdiction

This Waiver shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles. Any dispute arising hereunder shall be brought exclusively in the state or federal courts located in Orange County, FL.

 

9. Entire Agreement

This Waiver constitutes the entire agreement between the parties with respect to the subject matter and supersedes any prior or contemporaneous understandings, agreements, or representations.

 

10. Acknowledgment

By signing below, I acknowledge that I have carefully read this Waiver, fully understand its terms, and voluntarily agree to be bound by them. I understand that I am giving up substantial legal rights, including the right to sue, and I sign this Waiver freely and voluntarily.