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Disclaimer and Acknowledgment Agreement

This Disclaimer and Acknowledgment Agreement ("Agreement") is entered into by and between Absolute Tattoo Inc. (“ABSOLUTE TATTOO INC.”) doing business as Cathy Montie Body Art Training Company ("CMBATC" or “Company”) and the undersigned Parties, referred to as "Shop Owner" and/or "Users," and is effective as of the date of acceptance.

Cathy Montie Body Art Training Company CMBATC provides an online platform called “The Informed Consent & Release Form System” to provide the Body Art Shop with a method to document and store Informed Consent & Release Form(s) and Aftercare Form(s) to meet the requirements of the state and local health departments.

If the Shop Owner implements the system default form(s), in part or in full, the Shop Owner should have an attorney review and edit the Informed Consent & Release Form(s) and the Aftercare Form(s) to ensure the Form(s) used are compliant with their state and local health department requirements.

Purpose

The purpose of this Agreement is to clarify the responsibilities of the parties regarding the use of the Company's platform for storing and managing Informed Consent and Release Form(s) and Aftercare Form(s). By creating an account, signing up for services, or otherwise using the CMBATC Platform ("Platform") the Parties acknowledges and agrees to the following:

By using the Platform, the Parties agrees to be bound by the terms outlined in this Disclaimer and Acknowledgment Agreement, including all provisions related to data privacy, confidentiality, data collection, use, processing, and disclosure.

User acknowledges that they have read and understood these terms, and any continued use of the Platform constitutes acceptance of these terms.

Responsibilities of the User

The User acknowledges and agrees that:

2.1 The User is solely responsible for ensuring that all Informed Consent and Release Form(s) used and stored through the Company's Platform comply with the legal requirements of the User's state, local, or national environmental health and safety regulations, or any other applicable laws or regulations.
2.2 The Company does not verify or certify that any Form(s) or personal information uploaded, customized, or used on the Platform meets the legal standards of any specific jurisdiction. The User must conduct their own due diligence and obtain appropriate legal advice to confirm compliance.
2.3 The Company provides default template form(s) for convenience. These templates are generic and may not meet the specific jurisdictions requirements. The User must review and modify default form(s) as necessary to ensure compliance.

No Legal Advice

3.1 The Company does not provide legal advice as we are not lawyers. Use of the Platform and any default template(s) provided by the Company does not establish an attorney-client relationship. For legal advice, the User should consult with a qualified attorney.
3.2 The User understands that all content, default template form(s) provided by the Company are for informational purposes only and are not intended to be used in part or in whole without an attorney to review and approve their use.

Limitation of Liability

4.1 The Company is not liable for any legal actions, fines, or penalties arising from the User’s failure to comply with state, local, or national laws and regulations regarding the use of Informed Consent, and Release Form(s) or Aftercare Form(s).
4.2 The User agrees to indemnify and hold the Company harmless from any claims, damages, or losses resulting from the User's use of the Platform and Form(s).

4.3. No Liability for Certain Damages
To the fullest extent permitted by law, CMBATC, including its employees, contractors, agents, and affiliates, shall not be liable to any party for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of business, loss of data, or any other damages or expenses arising out of or related to the use of, or inability to use, the Platform, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if CMBATC has been advised of the possibility of such damages.
4.4 No Liability for Network Reliance or Interruptions
CMBATC shall not be liable for any damages, losses, or expenses resulting from reliance on any data transmitted over the network or for interruptions, delays, or failures of the platform’s systems, including but not limited to any loss of data, profits, or revenue.
4.5 Maximum Liability
In no event shall CMBATC's total liability to any party, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by the User to the Company for the services during the one (1) month preceding the event giving rise to the liability.
4.6 Exceptions
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. Therefore, some of the above limitations may not apply to you. In such cases, the liability of CMBATC shall be limited to the greatest extent permitted by law.
4.7 This consent and release form is in no way a substitute for business liability insurance: the User should seek proper business liability coverage and other coverage as applicable from a reputable insure.

Ownership of Data

5.1 The User retains full ownership of all data collected, stored, and managed through the Company's Platform, including but not limited to client information, Informed Consent and Release Form(s) and Aftercare Form(s) ("Client Data").
5.2 The Company does not claim any ownership rights over Client Data. The User is responsible for ensuring that they have the necessary permissions and legal authority to collect and store this data.
5.3 The Company may access User Data or Client Data only to the extent necessary to provide Platform services, including but not limited to customer support, troubleshooting, and ensuring system functionality. Such access shall be conducted in accordance with the Company’s Privacy Policy and data security protocols.
5.4 The Company shall not use, sell, or disclose User Data to any third parties for any purpose other than to provide the services described in the platform, except as required by law or with the express written consent of the User.
5.5 In the event of account termination, the Users Client Data shall be exported to the User to meet the regulator record retention requirements for Client Data from the Platform. The Company shall comply with such requests in a reasonable timeframe, general within 30 days for CSV and PDF formats, provided that all outstanding fees have been paid by the User. The company cannot guarantee return Client Data older than 3-years prior to the cancellation date.

Governing Law and Jurisdiction

6.1 Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
6.2 Jurisdiction and Venue
Any dispute, controversy, or claim arising out of or relating to this Agreement, including but not limited to its formation, interpretation, performance, breach, or termination ("Dispute"), shall be resolved exclusively in the Superior Court of the State of California, County of Riverside.
6.3 Consent to Jurisdiction
The Parties hereby submit to the exclusive jurisdiction of the Superior Court of California, County of Riverside, for the resolution of any Dispute. The parties agree to waive any objections to the venue, including claims of inconvenient forum, and agree that all legal proceedings shall be conducted in Riverside County, California, unless otherwise agreed by the parties.
6.4 Waiver of Jury Trial
To the extent permitted by law, each party waives its right to a trial by jury in any court action arising out of or related to this Agreement.
1. Acceptance:
By signing, I acknowledge that I have read, understood, and agree to the terms above and all associated policies related to data collection and use.