Terms & Conditions
FIRE ART SCULPTURE
ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS & INDEMNIFICATION AGREEMENT
THIS IS A LEGALLY BINDING AGREEMENT.
READ CAREFULLY BEFORE PURCHASING OR USING THIS PRODUCT.
By purchasing, possessing, installing, igniting, displaying, modifying, or using any fire art sculpture sold by RADAR LLC ("RADAR," "Company," "We," or "Us"), you ("Customer," "You," or "User") agree to all terms of this Agreement.
If you do not agree, DO NOT PURCHASE OR USE THIS PRODUCT.
1. PRODUCT DESCRIPTION & SCOPE
RADAR LLC sells artistic fire sculptures designed to connect to propane tanks supplied by the customer.
- All products are shipped WITHOUT propane tanks
- No fuel, gas, ignition source, or pressurized system is included
- RADAR LLC does not install, ignite, inspect, modify, or supervise the product
This product is not a consumer appliance, heater, or safety-certified device. It is a decorative art object involving open flame.
2. ACKNOWLEDGMENT OF INHERENT AND EXTREME RISKS
You expressly acknowledge and understand that the use of propane gas and open flame is inherently dangerous and carries significant risk, including but not limited to:
- Burns (minor to severe)
- Fire spread
- Explosion
- Asphyxiation
- Property damage
- Environmental damage
- Serious bodily injury or death
These risks may result from foreseeable or unforeseeable causes, including improper installation, misuse, equipment failure, weather conditions, human error, or third-party actions. No warnings or instructions can eliminate these risks.
3. VOLUNTARY ASSUMPTION OF RISK
You voluntarily, knowingly, and expressly assume all risks, whether known or unknown, foreseeable or unforeseeable, arising from:
- Purchase and ownership
- Installation and attachment to any propane tank
- Ignition and operation
- Storage, transportation, or maintenance
- Modification or alteration
- Display in public or private spaces
This assumption of risk applies even if injury or damage is caused in whole or in part by the negligence of RADAR LLC, to the fullest extent permitted by law.
4. SOLE USER RESPONSIBILITY
You acknowledge and agree that:
- You are solely responsible for determining whether this product is suitable for your use
- You are responsible for selecting, connecting, and maintaining any propane tank
- You must comply with all applicable federal, state, and local laws, regulations, fire codes, zoning rules, and permitting requirements
- You will provide proper clearance, ventilation, adult supervision, and appropriate fire-safety equipment
- You will never leave the sculpture unattended while ignited
RADAR LLC makes no representation or warranty that this product complies with any jurisdiction's fire or safety codes.
5. DISCLAIMER OF WARRANTIES (U.S. UCC COMPLIANT)
TO THE MAXIMUM EXTENT PERMITTED UNDER U.S. LAW:
THE PRODUCT IS SOLD "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE."
RADAR LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- SAFETY OR PERFORMANCE FOR ANY SPECIFIC USE
- NON-INFRINGEMENT
No oral statements, marketing materials, or representations shall create any warranty.
6. RELEASE AND WAIVER OF CLAIMS
You hereby RELEASE, WAIVE, AND FOREVER DISCHARGE RADAR LLC and its members, managers, officers, employees, contractors, agents, insurers, successors, and assigns from any and all claims, demands, damages, or causes of action arising out of or related to:
- Personal injury or death
- Fire, explosion, or gas-related incidents
- Property damage
- Economic or consequential loss
- Emotional distress
- Product use or misuse
- Failure to warn
- Alleged design, manufacturing, or labeling defects
This release applies to claims based on negligence, strict liability, or product liability, to the fullest extent permitted by law.
7. INDEMNIFICATION & DEFENSE
You agree to indemnify, defend, and hold harmless RADAR LLC from and against any and all claims, liabilities, damages, losses, costs, and attorneys' fees arising from or related to:
- Your use, misuse, or modification of the product
- Your failure to comply with laws or safety requirements
- Any injury or damage to third parties, including guests, observers, or bystanders
- Any claims brought by third parties relating to your possession or use of the product
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- RADAR LLC'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT
- RADAR LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES
Some states do not allow certain limitations; this section applies to the fullest extent permitted.
9. NO INTENDED HEATING, COMMERCIAL, OR SAFETY USE
You acknowledge and agree that this product is:
- An art sculpture only
- Not intended as a heating device
- Not intended for commercial, residential, industrial, or life-safety use
- Not certified by UL, CSA, or similar testing organizations
10. ELECTRONIC SIGNATURE & LEGAL BINDING EFFECT
This Agreement constitutes a legally binding contract under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act).
By checking the acceptance box and proceeding with purchase, you confirm that:
- You are at least 18 years of age
- You have read and understood this Agreement
- You voluntarily accept all risks
- You agree to be legally bound by its terms
11. GOVERNING LAW, EXCLUSIVE JURISDICTION & VENUE (CALIFORNIA ONLY)
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.
Any claim, dispute, or legal proceeding arising out of or relating to:
- This Agreement,
- The purchase, sale, ownership, or use of the product, or
- Any alleged injury, damage, or loss,
SHALL BE BROUGHT EXCLUSIVELY in the state or federal courts located within the State of California.
You irrevocably consent to the personal jurisdiction of such courts and waive any objection based on:
- Improper venue
- Forum non conveniens
- Lack of personal jurisdiction
12. SEVERABILITY & SURVIVAL
If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect. All risk-allocation provisions shall survive termination or completion of any transaction.
All claims shall be brought solely in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
WAIVER OF JURY TRIAL
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND RADAR LLC KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PRODUCT.
