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Tattoos, LLC has made a name for itself selling customized, full-body temporary tattoo stickers to patrons at large even

Posted: Wed May 04, 2022 8:09 am
by answerhappygod
Tattoos, LLC has made a name for itself selling
customized, full-body temporary tattoo stickers to patrons at large
events. The only way to purchase one of the temporary tattoos
is to sign and return to the company's sales agent at the booth a
2-page Purchase Agreement and pay the $350 purchase price (the
company has a strict purchase limit of one tattoo sticker per
customer per month). The first page of the Purchase Agreement
contains an exculpatory clause printed in bolded, size 14 font in
which the purchaser "acknowledges and agrees that Tattoos, LLC
shall not have any liability whatsoever to Purchaser for any
negligence by Tattoos, LLC in connection with the design or
manufacturing of the products purchased, and Purchaser expressly
waives any and all claims against Tattoos, LLC which Purchaser may
have or which may arise in the future." Evaluate the
following statement: The exculpatory clause should not be relied
upon to absolve Tattoos, LLC of liability for negligence as the
courts have not generally accepted the complete validity of
exculpatory clauses.
a. True
b. False