FIRE PERFORMANCE EQUIPMENT LIABILITY WAIVER, RELEASE, AND ASSUMPTION OF RISK

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A CONTRACTUAL RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS. PLEASE READ CAREFULLY BEFORE PURCHASING, ACCEPTING, OR USING ANY PRODUCTS FROM KAIYAKURA FIRE TROUPE LLC.

1. Inherent Dangers of Fire Performance
The Buyer acknowledges and understands that fire performance, fire spinning, and the use of specialized fire props (including but not limited to fire poi, staffs, fans, torches, wicks, and cages) are inherently dangerous activities. These activities involve high heat, open flames, flammable fuels, and hazardous materials that carry significant risks. These risks include, but are not limited to:
•    Severe burns, disfigurement, permanent disability, or death.
•    Inhalation of toxic fumes and respiratory damage.
•    Property damage, structural fires, and environmental hazards.
•    Injury to spectators, assistants, or third parties.
 

2. Voluntary Assumption of Risk
By purchasing, accepting delivery of, or using products manufactured or sold by Kaiyakura Fire Troupe LLC (hereafter referred to as the "Seller"), the Buyer expressly, voluntarily, and completely assumes all risks—both known and unknown—associated with the storage, fueling, maintenance, and use of these products. The Buyer agrees that they are engaging in these activities solely at their own risk.
 

3. Release and Waiver of Liability
To the maximum extent permitted by applicable law, the Buyer, on behalf of themselves, their heirs, executors, administrators, and assigns, hereby releases and discharges the Seller, its owners, and employees from claims, demands, or liabilities for:
•    Personal injury or illness.
•    Damage to, or destruction of, personal or real property.
•    Financial loss or legal fees.
This waiver is intended to apply to the extent allowed by law regarding negligence, product issues, or breach of warranty.
 

4. Indemnification and Hold Harmless
The Buyer agrees to indemnify and hold harmless the Seller from third-party claims, liabilities, or expenses arising from the Buyer’s use, storage, or modification of the products. This includes responsibility for any damage caused to bystanders or venues.
 

5. Disclaimer of Warranties
Products used in fire performance are typically provided "as is." It is standard for sellers to disclaim implied warranties, including the implied warranty of merchantability and the implied warranty of fitness for a particular purpose, due to the unpredictable nature of fire-related activities.
 

6. Buyer Representations
It is a requirement that any individual engaging in these activities affirms the following:
•    Age: The Buyer is of legal age (at least 18) and possesses the capacity to enter into a legal contract.
•    Competence: The Buyer has received proper training in fire safety, fuel handling, and fire containment.
•    Legal Compliance: The Buyer agrees to comply with all local fire codes and open-flame regulations.
•    Regular Inspection: The Buyer must inspect all equipment before every use and immediately cease use if any structural weakness or wear is detected.
 

7. Governing Law and Severability
This document should be governed by the laws of the jurisdiction where the business is located. If any part of this waiver is found to be unenforceable, the remaining sections should remain in effect.