Lumora Luxe
Lumora Luxe

Waiver, Release & Hold-Harmless

Last updated July 2026 · DRAFT

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DRAFT — PENDING COUNSEL REVIEW

⚠️ DRAFT — NOT FOR USE. PENDING REVIEW AND APPROVAL BY QUALIFIED LEGAL COUNSEL. This document is a working draft prepared as a starting point for attorney review. It has not been reviewed or approved by counsel, does not constitute legal advice, and must be finalized, localized to each operating jurisdiction, and validated for enforceability before it is presented to any Member or used in production. Liability releases, assumptions of risk, and indemnity provisions are limited or void in some states and cannot waive certain claims (e.g., gross negligence, willful misconduct, statutory rights, or claims by or on behalf of minors). All bracketed items and [COUNSEL NOTE] callouts must be resolved before adoption.

Lumora Luxe — Universal Waiver, Release, Assumption of Risk & Hold-Harmless Agreement

Effective Date: [EFFECTIVE DATE] Governing Jurisdiction: [STATE] Version: DRAFT 0.1

PLEASE READ CAREFULLY. THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS, INCLUDING WAIVING CERTAIN RIGHTS TO SUE AND AGREEING TO ASSUME RISK AND TO INDEMNIFY OTHERS. YOU MUST ACCEPT THIS AGREEMENT BEFORE USING THE LUMORA LUXE SITES OR RECEIVING ANY SERVICE.


1. Parties and Definitions

This Universal Waiver, Release, Assumption of Risk & Hold-Harmless Agreement (this "Waiver") is entered into by you ("Member," "you," "your") in favor of the Released Parties, in connection with your use of the Lumora Luxe websites, applications, and services (collectively, the "Platform") and any beauty or wellness service booked through them.

  • "Lumora," the "Company," "we," "us," "our" means Lumora Luxe and its operating entity [LEGAL ENTITY NAME].
  • "Released Parties" means Lumora and its parents, subsidiaries, and affiliates, and each of their respective owners, officers, directors, members, managers, employees, contractors, agents, concierges, representatives, successors, and assigns.
  • "Professional" means the independent, licensed or certified, non-medical beauty or wellness practitioner who performs a Service. Professionals are NOT Released Parties for their own acts and omissions (see Section 11); this Waiver clarifies but does not assume the Professional's own responsibility.
  • "Service" means any non-medical beauty or wellness service booked through the Platform, including without limitation eyelash and eyebrow services, makeup artistry, esthetics and non-medical skin care, hair services, and massage and comparable wellness services, delivered mobile (at your home, hotel, or another location you designate) or in-office.

This Waiver supplements and is incorporated into the Member Booking Agreement, the Terms of Use, and the Privacy Policy. In matters of risk, release, and indemnification, this Waiver controls.


2. Nature of the Services; No Medical Services

You understand and agree that:

  1. The Services are non-medical beauty and wellness services. They are not medical, dermatological, diagnostic, therapeutic, or clinical services, and they are not a substitute for professional medical care.
  2. The Professional — not Lumora — provides the Service. Lumora is a technology platform and payment facilitator only. Lumora does not perform, supervise, direct, or control any Service, and does not select techniques, products, or results.
  3. No Released Party is a medical provider. No Released Party and no Professional will diagnose any condition, prescribe, or provide medical advice or treatment. Nothing on the Platform is medical advice.
  4. If you have a medical condition, are pregnant or breastfeeding, take medications, or have any concern about your suitability for a Service, consult your own physician before proceeding. You are responsible for that decision.

3. Voluntary Election of Services

You represent and agree that you are voluntarily choosing to use the Platform and to receive any Service of your own free will, for your own benefit, and after being given the opportunity to ask questions and to decline. No Released Party has required, pressured, or induced you to receive any Service. You may decline, pause, or stop any Service at any time (subject to the payment and cancellation terms of the Member Booking Agreement).


4. Informed Assumption of Risk

You understand that beauty and wellness services carry inherent and unavoidable risks, even when performed skillfully by a qualified Professional using reasonable care. KNOWING THIS, YOU VOLUNTARILY ASSUME ALL RISKS associated with the Services and with your use of the Platform, including but not limited to:

  • Allergic and sensitivity reactions to products, adhesives, tints, dyes, pigments, chemicals, latex, fragrances, oils, waxes, cleansers, or other substances — including reactions that were not previously known;
  • Skin reactions such as redness, irritation, itching, swelling, dryness, breakouts, rash, hives, contact dermatitis, discoloration, hyperpigmentation or hypopigmentation, sensitivity, or temporary or, in rare cases, lasting marks;
  • Eye, lash, and brow risks such as irritation, redness, watering, temporary blurred vision, adhesive fumes, infection, or loss of natural lashes or brow hairs;
  • Thermal, mechanical, and tool-related injury such as burns, redness, or irritation from heat, styling tools, wax, steam, or devices; cuts, nicks, abrasions, scratches, pinching, pulling, bruising, or pressure;
  • Massage and bodywork risks such as muscle soreness, tenderness, bruising, discomfort, aggravation of a pre-existing condition, or reaction to oils or lotions;
  • Infection or cross-contamination risks inherent in personal-care services;
  • Dissatisfaction with subjective aesthetic results — including that a color, shape, length, style, finish, symmetry, longevity, or overall look may not meet your expectations, may differ from a photo or example, or may change over time;
  • Risks specific to in-home / mobile service, including risks associated with performing services outside a controlled studio environment, the condition and safety of your premises, slips/trips/falls, water or product spills, electrical or equipment use, and the presence of pets, children, or other persons; and
  • General risks of personal-care services that are inherent and cannot be fully eliminated.

You accept full responsibility for these risks. You agree that your decision to receive a Service is your own informed choice, and that you have disclosed to the Professional the preferences, sensitivities, allergies, and reactions relevant to your safety, as required by the Member Booking Agreement.

[COUNSEL NOTE: Assumption-of-risk enforceability and express-vs-primary distinctions vary by [STATE]; ensure risk disclosures are conspicuous and specific to each Service category. Consider Service-specific addenda for massage, lash/adhesive, and chemical services.]


5. Release of Liability

To the fullest extent permitted by applicable law, you hereby RELEASE, WAIVE, DISCHARGE, and COVENANT NOT TO SUE the Released Parties from and against any and all claims, demands, causes of action, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees), whether known or unknown, arising out of or relating to:

  1. your use of, or inability to use, the Platform;
  2. any Service performed by, or any act or omission of, any Professional;
  3. any injury, reaction, condition, loss, or dissatisfaction arising from any Service, product, or the risks described in Section 4;
  4. the conduct, licensure, insurance, sanitation, products, or scope of practice of any Professional; or
  5. the condition or safety of any premises where a Mobile Service is performed.

This release applies to claims based on negligence of a Released Party to the maximum extent the law allows, and to claims sounding in contract, tort, warranty, or otherwise.

This release does NOT apply to, and you do not waive: liability that cannot lawfully be released, including (as applicable) a Released Party's gross negligence, recklessness, willful or intentional misconduct, or fraud, and any rights that applicable law provides cannot be waived.

[COUNSEL NOTE: Pre-injury liability releases are unenforceable or narrowly construed in several states and are void as to gross negligence in most. Some states bar releases for certain services or require specific formatting/font/placement and a clear "negligence" reference. Insert the state-specific general-release language below and confirm enforceability in [STATE].]

[CALIFORNIA / GENERAL-RELEASE WAIVER — include only where appropriate: You expressly waive the benefits of any statute or common-law rule that would preserve claims unknown to you at the time of this release (for example, 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."). [COUNSEL NOTE: adapt or remove per governing state.]]**


6. Waiver of Claims

To the fullest extent permitted by law, you waive any claim against the Released Parties for injury, loss, damage, or dissatisfaction arising from the Services or the Platform, and you agree not to bring, join, or support any such claim against the Released Parties, except to the extent Section 5 preserves it or the law prohibits its waiver.


7. Hold Harmless and Indemnification

To the fullest extent permitted by law, you agree to INDEMNIFY, DEFEND, and HOLD HARMLESS the Released Parties from and against any and all claims, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  1. your breach of this Waiver, the Member Booking Agreement, or the Terms of Use;
  2. your failure to disclose relevant preferences, sensitivities, allergies, reactions, or conditions, or your provision of inaccurate information;
  3. the condition, safety, or legality of any premises you provide for a Mobile Service, and any injury or damage occurring there;
  4. your acts or omissions, or those of any person you allow to be present; and
  5. any claim brought by a third party (including a Professional) arising from your conduct.

This indemnity does not require you to indemnify a Released Party for that Released Party's own gross negligence, willful misconduct, or fraud, or where indemnification is prohibited by law.

[COUNSEL NOTE: Consumer indemnification of a business is disfavored or limited in some jurisdictions; confirm scope, mutuality, and anti-indemnity constraints in [STATE].]


8. No Guarantee of Results

You understand and agree that no Released Party and no Professional guarantees any specific result, outcome, look, feel, longevity, or level of satisfaction. Beauty and wellness results are inherently subjective and vary from person to person and session to session. Examples, photos, portfolios, and descriptions are illustrative only and are not a promise of your result. Dissatisfaction with a subjective aesthetic outcome is not, by itself, evidence of negligence or a basis for liability of any Released Party.


9. Your Representations

You represent and warrant that:

  1. you are at least 18 years old and have the legal capacity to enter this Waiver [COUNSEL NOTE: minors cannot waive their own claims and a parent's waiver of a minor's claim is unenforceable in many states — see Section 15];
  2. the information you provide (including preferences, sensitivities, allergies, and reactions) is accurate and complete, and you understand the Professional relies on it;
  3. you are not under the influence of any substance that would impair your ability to consent to or safely receive a Service;
  4. for Mobile Service, you have the lawful right to have the Service performed at the location, and the location is safe, sanitary, and suitable; and
  5. you are choosing the Service voluntarily and have had the opportunity to ask questions.

10. Medical Emergency Acknowledgment

Professionals are NOT medical providers, and no Released Party provides medical or emergency care. If you experience a serious reaction, injury, difficulty breathing, or any medical emergency during or after a Service, stop the Service, seek immediate medical attention, and call 911 (or your local emergency number). For non-emergency reactions, discontinue use of any product, contact your own healthcare provider as appropriate, and notify the Professional and Lumora (concierge@lumora.luxe). You are responsible for obtaining any medical care you need.


11. The Professional's Own Responsibility

For clarity, and for the benefit of all parties: each Professional is an independent contractor or independent business, solely responsible for their own Services, including their licensure, certifications, training, insurance, tools, products, sanitation, technique, scope of practice, and compliance with law. This Waiver's release and indemnity run in favor of the Released Parties and do not release, discharge, or assume the Professional's own liability for the Professional's own acts and omissions. Your rights against a Professional, and the Professional's own duties and insurance, are governed by your direct relationship with that Professional and applicable law. Lumora is not the provider and does not assume the Professional's obligations.


12. Insurance Acknowledgment

You acknowledge that Lumora, as a technology platform and payment facilitator, does not provide insurance coverage for your person or property in connection with any Service, and that any insurance carried by a Professional is the Professional's own. You are responsible for your own personal and property insurance. [COUNSEL NOTE: confirm consistency with any platform-level policy or Professional insurance-verification program, if adopted.]


13. Media and Photo Release — OPTIONAL, OPT-IN

This Section applies ONLY if you affirmatively opt in. If, and only if, you check the box below or otherwise provide separate, express consent, you grant Lumora and its Professionals a non-exclusive, royalty-free license to capture and use before/after and result photographs or video of the Service for portfolio, marketing, and promotional purposes, across media now known or later developed.

  • You may decline, and declining will not affect your ability to book or receive Services.
  • You may withdraw consent prospectively at any time by contacting concierge@lumora.luxe (withdrawal does not require removal of materials already published or distributed).
  • Lumora will not knowingly publish images that reveal sensitive personal information beyond the aesthetic result, and will handle any images consistent with the Privacy Policy.

I OPT IN to the media/photo release described above. ☐ I DECLINE the media/photo release.

[COUNSEL NOTE: confirm right-of-publicity, biometric (e.g., BIPA-type), and consent-withdrawal handling per [STATE]; keep opt-in unbundled from the mandatory Waiver acceptance.]


14. Governing Law; Dispute Resolution

This Waiver is governed by the laws of the State of [STATE], without regard to conflict-of-laws principles. Any dispute will be resolved as provided in the Terms of Use and Member Booking Agreement. [COUNSEL NOTE: insert and harmonize arbitration agreement, class-action waiver, jury-trial waiver, venue, statute-of-limitations, and fee provisions; confirm enforceability under [STATE] and the FAA and any consumer carve-outs.]


15. Minors

Services are intended for adults (18+). Where a Service is lawfully provided to a minor, it must be arranged and consented to by the minor's parent or legal guardian, who must be present, and who accepts the risks and responsibilities described here on the minor's behalf to the extent permitted by law. [COUNSEL NOTE: a parent's pre-injury waiver/release of a minor's own claims is unenforceable in many states; do NOT rely on this Section to release a minor's claims. Consider prohibiting minor Services or requiring a separate, counsel-approved minor consent form.]


16. Severability and Survival

If any provision of this Waiver is held invalid, void, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable or, if it cannot be, severed — and the remaining provisions will remain in full force and effect. In particular, if any release, waiver, or indemnity is limited or unenforceable as to a particular claim or party, it remains effective as to every other claim and party to the fullest extent permitted by law. The assumption-of-risk, release, waiver, hold-harmless, and no-guarantee provisions survive the completion of any Service and the termination of your Platform access.


17. Entire Agreement; Relationship to Other Documents

This Waiver, together with the Member Booking Agreement, Terms of Use, and Privacy Policy, constitutes the entire agreement between you and Lumora regarding the subject matter here, and supersedes prior understandings on that subject. In the event of a conflict, this Waiver governs matters of risk, release, and indemnification. Our failure to enforce any provision is not a waiver of it.


18. Acknowledgment and Electronic Signature

BY CHECKING THE BOX, TYPING YOUR NAME, AND/OR CLICKING "I AGREE," YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS WAIVER, THAT YOU HAD THE OPPORTUNITY TO ASK QUESTIONS AND TO SEEK INDEPENDENT LEGAL OR MEDICAL ADVICE, THAT YOU ARE SIGNING VOLUNTARILY AND OF YOUR OWN FREE WILL, AND THAT YOU INTEND THIS TO BE A LEGALLY BINDING ELECTRONIC SIGNATURE UNDER APPLICABLE LAW (INCLUDING THE FEDERAL E-SIGN ACT AND ANY APPLICABLE STATE UETA).

You further acknowledge that you understand you are giving up substantial legal rights, including certain rights to sue, in exchange for the ability to use the Platform and receive Services.

I have read, understood, and agree to this Universal Waiver, Release, Assumption of Risk & Hold-Harmless Agreement.

Member full legal name (typed): ______________________ Date: ______________________ Electronic signature captured: typed name serves as signature. System will record: timestamp, IP address, and device/browser metadata as evidence of acceptance.

Questions? Contact Wren, your Lumora concierge, at concierge@lumora.luxe.

Lumora Luxe — [LEGAL ENTITY NAME]. DRAFT — pending counsel review. This document does not constitute legal advice.

This document is a template for launch and must be finalized by qualified counsel before Lumora Luxe opens to the public. It does not constitute legal advice.