In consideration of Designs by Nature Gems Inc. (the “ Company ”) permitting the individual named below (“ I ” or “ me ”) to participate in the making of jewellery (the “ Activities ”), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this “ Agreement ”).

I, THE UNDERSIGNED, ACKNOWLEDGE AND AGREE AS FOLLOWS:
I understand that the Activities involve risks, dangers, and hazards, including the risk of minor injury or property damage. I understand that participation in the Activities may cause scratches pierces, skin abrashions, or other damage to my skin as a result of my failure to follow the proper procedures. I acknowledge that I am voluntarily participating in the Activities. I freely accept and fully assume any and all of the risks, dangers, and hazards involved and the possibility of injury or property damage, whether caused by the negligence of the Company or otherwise. I further release the Company from any and all liability as it relates to the provision of the high-risk activity at a private or public event, to the extent applicable.

I agree that I will make the Company and/or its representatives/service providers/technician/facilitator (as the case may be) aware of any and all medical conditions and allergies related to metal or stone that I currently experience to allow such individuals to recommend the appropriate metals and/or stones to be used in the Activities.

I CONFIRM THAT I AM PARTICIPATING IN THIS ACTIVITY UNDER MY OWN FREE-WILL AND I ASSUME ALL RISK AND RESPONSIBILITY FOR ANY INJURY OR PROPERTY DAMAGE AS A RESULT OF THE ACTIVITES. I HEREBY IRREVOCABLY RELEASE AND WAIVE ANY CLAIMS OR LIABILITIES, DAMAGES, CAUSES OF ACTION, LOSSES OR EXPENSES INCLUDING LOSSES ARISING FROM PERSONAL INJURY, PHYSICAL, MENTAL OR EMOTIONAL INJURY, OR DEATH, WHICH I MAY NOW HAVE OR HAVE HEREAFTER AGAINST THE COMPANY, AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, HEIRS, EXECUTORS, AND PERSONAL REPRESENTATIVES (COLLECTIVELY THE “ RELEASEES ”) ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN THE ACTIVITIES WHETHER SUCH INJURY OR DEATH BE CAUSED BY THE NEGLIGENCE, GROSS NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

I AGREE THAT THE RELEASEES SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN THE ACTIVITIES, WHETHER BASED ON CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE AND REGARDLESS OF WHETHER ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES .

I hereby authorize and give permission to the Company to take photographs and/or videos of myself during and after the Activities for the purposes of marketing and promoting the business of the Company (the “ Promotional Material ”). I acknowledge that the Company may, at its sole discretion, modify the Promotional Material and may incorporate and use all or part of the Promotional Material in video, audio, online, social media, print ads, still photographs, catalogs, packaging and package inserts and all other forms of media and may reproduce, exhibit, broadcast, transmit and distribute advertising containing the Promotional Material by any means, media and channels of distribution. I consent to all uses of the Promotional Material and hereby waive any and all rights in respect to the Promotional Material including any rights to inspect or approve the advertising of the Promotional Material or the manner in which it is used.

I expressly agree that this Release is intended to be as broad and inclusive as is permitted in the Province of Ontario and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I further acknowledge and agree that this Agreement constitutes the 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 Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

I have read and I voluntarily electronically agree to and/or voluntarily sign this Release consenting to my participation in the high-risk activity and I fully understand and agree to the terms of this Agreement. The Activities and the potential risks associated with it have been explained to me and any and all further questions or concerns that I may have in participating in this Activity have been answered to my full satisfaction. I am signing this waiver voluntarily and recognize that my signature serves as complete and unconditional release of all liability to the greatest extent allowed by the laws of the Province of Ontario.