This disclaimer and release (the “Disclaimer”) applies to all products (the “Products”) purchased by the undersigned customer (the “Customer”) from Skinworks Bath and Beauty, LLC (“Skinworks”). The Customer understands that the Products are being provided to the Customer subject to the terms and conditions contained in this Disclaimer, and that Skinworks is relying on Customer agreeing to this Disclaimer as a condition to providing Products to the Customer. Use. The Customer agrees not to transport, use, sell, distribute, or dispose of (“Use”) the Products in violation of any applicable international, federal, state, or local law or regulation, including without limitation, the Controlled Substances Act, any regulations of the Alcohol and Tobacco Tax and Trade Bureau, and any environmental regulations (the “Applicable Laws”), or for any other improper purpose. THE CUSTOMER IS RESPONSIBLE FOR ENSURING THAT IT COMPLIES WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION, THE CONTROLLED SUBSTANCES ACT
In connection with the purchase of the Products, and for good and valuable consideration, the Customer (on its own behalf and on behalf of its employees, representatives, directors, officers, affiliates, customers, successors and assigns) hereby irrevocably and unconditionally releases, forever discharges, and agrees to indemnify Skinworks and its employees, representatives, directors, officers, affiliates, successors and assigns (collectively the “Released Parties”) from any and all claims, losses and/or damages (hereinafter “Claims”) in any way arising out of or relating to: (i) the negligence of the Customer; (ii) the Use of the Products by the Customer in violation of Applicable Laws or for any other improper purpose; (iii) the packaging or labelling of the Products; (iv) the Use of the Products by any of the Customer’s customers or other downstream users; or (v) Customer’s products which used or utilized the Products as part of, or in connection with, their creation, manufacture, processing, or development.
Customer agrees not to make any Claims, and not to assist any other person in making any Claims against any of the Released Parties, directly or indirectly.