Heat Press Use Agreement & Assumption of Risk (California)

This Heat Press Use Agreement (“Agreement”) is between Stoopid DTF (“Company”) and the customer (“Customer”) booking time and/or using Company equipment. By booking a session, checking an “I Agree” box, completing checkout, entering the work area, and/or using the heat press, Customer acknowledges and agrees to the terms below.

1) Equipment Description & In-Shop Use Only

This Agreement applies to temporary, in-shop use only of Company-owned heat press equipment, including a 16" × 20" heat press (“Equipment”).

• No removal: Equipment may not leave the premises for any reason.
• Time-limited: Use is limited to the scheduled booking time (including setup and cleanup).
• End of session: Customer must stop use and vacate the Equipment at the end of the booked session.

2) Assumption of Risk (Including Burns & Injury)

Customer understands and acknowledges that using or being near the Equipment involves inherent and significant risks, including but not limited to burns, blisters, heat-related injuries, and property damage. Customer voluntarily assumes all risks, known and unknown, foreseeable and unforeseeable, arising from or related to the use of the Equipment.

• Burns to hands, arms, face, or body
• Injury from accidental contact with platens, hot garments, or heated surfaces
• Slips, trips, falls, and workplace-related accidents
• Damage to garments, transfers, tools, or personal property

3) Release of Liability (California — Strong Protection)

To the fullest extent permitted by California law, Customer releases, waives, and discharges Company and its owners, employees, agents, contractors, affiliates, and insurers from any and all claims, demands, actions, damages, losses, costs, and expenses (including attorney fees) arising out of or related to Customer’s booking, presence, or use of the Equipment, including claims for personal injury (including burns), property damage, economic loss, and wrongful death.

This release includes claims arising from the ordinary negligence of Company, but does not apply to claims arising from Company’s gross negligence, reckless conduct, or willful misconduct, to the extent such liability cannot be released under California law.

4) California Civil Code § 1542 Waiver

Customer expressly waives the protections of California Civil Code § 1542, which provides:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Customer acknowledges that this waiver means Customer releases claims that Customer may not currently know or suspect exist.

5) Customer Responsibility for Results & Materials

Customer is solely responsible for their garments, transfers, materials, settings, technique, and results. Company is not responsible for:

• Failed transfers, adhesion issues, cracking, scorching, or discoloration
• Ruined garments or materials
• Incorrect temperature, pressure, time, or placement chosen by Customer

6) Training, Safe Operation & Rules

• Customer confirms they are experienced or have received a brief orientation.
• Customer agrees to follow all posted and verbal safety instructions.
• Customer will not operate the Equipment while impaired by drugs/alcohol.
• Customer will keep hands, arms, and loose clothing away from heated surfaces.
• Customer will request assistance if uncertain about settings or operation.

Company may stop or terminate any session immediately for unsafe behavior, misuse, or violation of this Agreement.

7) Damage to Equipment

Customer agrees to be financially responsible for damage to the Equipment caused by misuse, negligence, unauthorized materials, or failure to follow instructions. Company may charge repair or replacement costs as allowed by law.

8) No Refunds; Limited Cancellation Window

• No refunds: All bookings are final and non-refundable.
• Cancellation window: Cancellations are accepted only within 15 minutes of booking confirmation. After 15 minutes, the booking cannot be canceled or refunded.
• Late arrival: Late arrival does not extend the booking time; unused time is forfeited.

9) Indemnification (Customer Protects Company)

Customer agrees to indemnify, defend, and hold harmless Company from any claims, liabilities, damages, losses, costs, and expenses (including attorney fees) arising out of or related to Customer’s use of the Equipment, presence on the premises, or breach of this Agreement, including claims brought by third parties.

10) Dispute Resolution; Venue (California)

This Agreement is governed by the laws of the State of California. Any dispute arising from or related to this Agreement shall be brought in the state or federal courts located in Los Angeles County, California, and Customer consents to personal jurisdiction and venue in those courts.

11) Severability & Entire Agreement

If any portion of this Agreement is found unenforceable, the remaining portions shall remain in full force and effect. This Agreement constitutes the entire agreement regarding Customer’s use of the Equipment and supersedes prior discussions or representations.