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A waiver or release is the intentional and voluntary act of relinquishing something, such as a known right to sue a person or company for an injury. The term waiver is sometimes used to refer a document that is signed before any damages actually occur. A release is sometimes used to refer a document that is executed after an injury has occurred.
Courts to not always uphold waivers and releases. Courts vary in their approach to releases depending on the particular facts of each case, the releases= effect on other statutes and laws, and the courts= views of the benefits of releases as a matter of public policy.
Courts have often ruled that waivers and similar documents that affect the public interest are invalid. Many courts will invalidate documents signed on behalf of minors. Courts do not permit a person or company to waive its responsibility when it has exercised gross negligence or misconduct that is intentional or criminal in nature. Such an agreement would be deemed to be against public policy because it would encourage dangerous and illegal behavior.
This form is a model waiver and release for use by a Hair Salon and/or Spa.
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