SERVICE AGREEMENT, RELEASE, WAIVER AND ASSUMPTION OF RISK

In consideration of the Services of Zoom Tan, Inc. and Beach Bum Tanning, their agents, owners, officers, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (herein after collectively referred to as "ZT" and/or “BB”), I hereby agree to, release, indemnify and discharge ZT and BB, on behalf of myself, my spouse, my children, my parent, my heirs, assigns, personal representatives and estate as follows:

UV TANNING - DANGER - ULTRAVIOLET RADIATION

• I will follow operator, tanning unit, eyewear and safety instructions. Avoid too frequent or lengthy exposure. I acknowledge that repeated exposure can cause premature aging of the skin or skin cancer. I acknowledge that, as with natural sunlight, exposure to a sunlamp may cause eye and skin injury, sunburn and allergic reactions, and I expressly release ZT and BB from any liability from any injury I may sustain from the same.
• I agree to wear FDA compliant protective eyewear every time I UV tan. FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
• I acknowledge that abnormal or increased skin sensitivity or burning may be caused by certain foods, medications (including, but not limited to tranquilizers, diuretics, antibiotics, high blood pressure medication, birth control pills, and skin creams), cosmetics or toiletries. ZT and BB have advised me to consult a physician or pharmacist before using a sunlamp, particularly if I am using prescription or non-prescription medications, have a history of skin problems, or believe I am especially sensitive to sunlight. ZT and BB have advised me that pregnant women and women on birth control pills who use a tanning device may develop discolored skin.
• I acknowledge that the use of UV tanning exposes to me higher temperatures which, if I am dehydrated or suffer from other medical conditions may result in lightheadedness or fainting. I acknowledge that ZT and BB have advised me to consult a physician before using ZT's services.
• Ultraviolet radiation from sunlamps enhances the effects of the sun. I acknowledged that ZT and BB have advised that I not sunbathe before or after exposure to ultraviolet radiation.
• I acknowledge that if I do not tan in the sun I will not tan by using this device.
• I expressly consent that I would like to receive advertising text messages from ZT and/or BB at the cell phone number %%CLIENT_PHONE%% that I have provided or any cell phone number I may provide in the future. I understand message and data rates may apply. I understand that to stop receiving texts I only have to reply to any text with the word "stop". I intend for the foregoing consent to constitute my express written consent to receive such communications as that term is defined under applicable state or federal law. Consent is not required to purchase goods, products or services from ZT and/or BB.

ZT'S and BB’s SPRAY TANNING SERVICES:

• I hereby authorize ZT and BB and their trained, authorized representatives to perform spray tanning procedures for my benefit.
• I understand that spray tanning will not prevent the skin from burning in the natural sun or in a tanning bed. Burning can only be prevented by taking proper precautions when tanning with UV light exposure.
• If I have ever had adverse effects utilizing self-tanning products or moisturizers in the past, I will likely experience similar effects with spray tanning. ZT and/or BB are not responsible for any adverse reactions and no refunds will be issued.
• I acknowledge that while all the active ingredients in ZT's and BB’s spray tanning solutions are FDA approved for use as a self-tanning skin agent, I acknowledge the FDA has not specifically approved the ingredients for use in a spray-on mist application.
• I acknowledge that ZT and BB recommend using protective eyewear and nose filters when using ZT's and/or BB’s spray tanning services.
• I acknowledge that Zoom Tan and Beach Bum Tanning recommend holding my breath as the spray nozzles pass by my face to avoid inhaling any spray. ZT and BB recommend not putting any lotions or creams on the bottom of my feet when using ZT and/or BB services.
• I acknowledge the use of DHA in the spray tanning solution may permanently stain garments and other items. I further accept that after re-dressing, the initial bronzers may transfer to my clothing if I pursue strenuous physical activity causing perspiration.
• I realize that if I have any history of asthma or a respiratory condition, such condition could be aggravated by the use of spray tanning. I acknowledge that Zoom Tan and Beach Bum Tanning have suggested I consult a physician before using Zoom Tan and/or Beach Bum Tanning spray tanning services.
• I understand and will comply with all instructions for proper use of the spray tanning unit. I am using these services at my own risk. I hereby relieve ZT and BB and hold ZT and BB harmless from any liability involved with the use of its tanning services. I expressly acknowledge that ZT and BB are not liable for any injury to person or property.
• I expressly consent that I would like to receive advertising text messages from ZT and BB at the cell phone number %%CLIENT_PHONE%% that I have provided or any cell phone number I may provide in the future. I understand message and data rates may apply. I understand that to stop receiving texts I only have to reply to any text with the word "stop". I intend for the foregoing consent to constitute my express written consent to receive such communications as that term is defined under applicable state or federal law. Consent is not required to purchase goods, products or services from ZT and/or BB.

ADDITIONAL TERMS AND CONDITIONS OF USE; DISCLAIMERS, WAIVERS

• I recognize and acknowledge that there are certain risks of injury in the use of ZT's and/or BB’s services, and I voluntarily agree to assume the full risk of any and all injuries, illness (such as COVID-19), damages or loss, regardless of severity, that I may sustain as a result of the use of ZT's and/or BB’s services. As a material inducement for ZT and/or BB to permit me to use its facilities and equipment, I hereby waive and hold ZT and BB harmless for any and all claims and damages (including legal fees) present or future, foreseen or unforeseen, anticipated or unanticipated (collectively "Claims"), I may have (or accrue to me) against ZT and/or BB, including its shareholders, directors, agents, employees, affiliated companies and partnerships (collectively the "ZT/BB Parties") and generally release the ZT/BB Parties from any and all Claims, including but not limited to those involving: (i) the use of any UV or NON-UV (spray) equipment, (ii) any loss or theft or personal property, (iii) accidental injuries, such as "slip and fall" injuries within ZT's and/or BB’s facilities, and (iv) illness from highly contagious infections and/or disease.
• I knowingly and expressly and purposefully, fully release Zoom Tan and Beach Bum Tanning from any and all liability regarding an allegation(s) I may make, actually make, claim or insinuate regarding any alleged “slip-and-fall” on their premises.  I hereby acknowledge that Zoom Tan and Beach Bum Tanning make consistent, regular and thorough inspections of their premises and hereby fully and forever release Zoom Tan and Beach Bum Tanning from any allegation(s) of negligence (excluding “gross” negligence) and the prosecutions thereof related to claims of “slip-and-falls.”  Further, I hereby acknowledge that this is not a “blanket waiver” of negligence and is hereby specific to “slip-and-fall” matters.
• I have read this form carefully and am aware that in using ZT's and/or BB’s facilities and services, I am expressly assuming the risk and legal liability and waiving and generally releasing all claims for injuries, damages or loss which I may sustain as a result of participating in any and all activities connected with and associated with any ZT and/or BB provided service(s), including but in no way limited to UV and Spray tanning.
• This facility carries liability insurance for injuries caused by tanning devices and, by Florida law, this facility will only allow one tan every 24 hours.
• I expressly consent that I would like to receive advertising text messages from ZT and/or BB at the cell phone number %%CLIENT_PHONE%% that I have provided or any cell phone number I may provide in the future. I understand message and data rates may apply. I understand that to stop receiving texts I only have to reply to any text with the word "stop". I intend for the foregoing consent to constitute my express written consent to receive such communications as that term is defined under applicable state or federal law. Consent is not required to purchase goods, products or services from ZT and/or BB.
• If any provision above is null, void or unenforceable under applicable law, it shall be deemed omitted and shall not apply, but the other provisions shall remain in effect.
• I acknowledge that ZT and BB utilize audio and video surveillance of open, common areas of the facility's interior for protection of clients, employees and ZT and BB and express consent to the use of the same. I agree that ZT and BB are not responsible/liable for the unlawful actions of clients or the general public that violate the privacy of our clients, employees or the general public.
• Zoom Tan and Beach Bum Tanning shall not be liable and this Agreement shall not be deemed terminated in the event Zoom Tan and/or Beach Bum Tanning are unable to make its services available, or if such services are disrupted or delayed, caused or prevented by Force Majeure. "Force Majeure" mean hurricanes, floods, extreme weather, earthquakes, fire, epidemics or pandemics, or other acts of God, unusual transportation delays, wars, insurrections, acts of terrorism, or temporary governmental shutdown of any sort, which, by exercise of reasonable diligent effort, Zoom Tan and/or Beach Bum Tanning are unable in whole or in part to prove or overcome.
• In the event I initiate a reversal of funds with my credit card provider which is ultimately determined by my credit card processor and/or issuing bank to have been improperly or fraudulently initiated on my part, I agree to pay ZT and/or BB an administrative fee of $300.00.
• Zoom Tan and Beach Bum Tanning communicate all important information via text messages. If I opt-out of receiving text messages from Zoom Tan and/or Beach Bum Tanning, I acknowledge I will not receive such information directly from Zoom Tan and/or Beach Bum Tanning, and that I am responsible for obtaining such information from another source such as Zoom Tan's or Beach Bum Tanning’s websites or by calling Zoom Tan's or Beach Bum Tanning’s customer service.
• Regarding 24/7 access I understand and agree that a 24/7 membership is a special membership based on trust and is a privilege, which can be taken away for a violation of rules. As a member, I agree to abide by all membership rules and 24/7 membership rules, which Zoom Tan may be amended from time to time at its sole discretion.  I agree that improper unauthorized use of the facility may result in member suspension or cancellation. I agree not to let anyone use my membership for any reason, and I agree to report any situation that appears to be membership sharing. I understand that one act of membership sharing will result in immediate membership suspension or termination. Zoom Tan reserves the right to suspend or cancel the rights, privileges and membership of any member whose actions are detrimental to the use, safety, and enjoyment of the salon.  I understand that I am purchasing a membership at a 24/7 facility that allows access at any time. As such, I am aware that there will be no supervision or assistance except during staffed hours. Staffed hours may change at the sole discretion of Zoom Tan. I am aware that if I get injured, become unconscious, suffer a stroke or heart attack or any other medical emergency or event that there will likely be no one to respond to my emergency and that Zoom Tan has no duty to provide assistance to me while I am at the salon. I understand that even though the salon is equipped with surveillance cameras, these record, but may not be monitored continuously; help will not be available during non-staffed hours.  If I am under 18, my parent or legal guardian has signed and acknowledged this agreement and is hereby bound by the same terms and conditions.

NEW YORK TANNING FACILITY STATEMENT OF ACKNOWLEDGMENT FORM

• I acknowledge that if I am visiting a ZT and/or BB salon in the state of New York that I have read and understand the New York State Department of Health Tanning Hazards Information Sheet, provided in the link below, prior to using any ultraviolet radiation device.

I HAVE READ AND UNDERSTAND THIS DOCUMENT AND CONSENT AND AGREE TO ITS TERMS AND CONDITIONS. I FURTHER ACKNOWLEDGE THAT I AM OF LEGAL AGE AND I HEREBY CONSENT, BY PROVIDING ZT'S EMPLOYEE MY CONFIRMATION CODE, TO THE USE OF AN ELECTRONIC SIGNATURE TO RECORD MY AGREEMENT WITH THE TERMS OF THIS SERVICE AGREEMENT, RELEASE, WAIVER AND ASSUMPTION OF RISK.