Artist Terms & Conditions
By reading this I agree to the following, I understand that once the cremated remains are transformed to stones, jewelry, they cannot be transformed back into cremated remains.
DONOVAN DESIGNS MEMORIALS LLC
RELEASE OF LIABILITY & WAIVER AGREEMENT
RELEASE OF LIABILITY & WAIVER AGREEMENT
1. PARTIES & SCOPE OF SERVICES
This Agreement is entered into between Donovan Designs Memorials LLC, Denise Donovan, and the purchasing customer signed below (the “Customer”). The Customer is voluntarily providing highly sentimental materials, specifically consisting of cremated human remains, cremated pet remains, or hair/fur samples (collectively, “Inclusions”) to Donovan Designs Memorials LLC, for the purpose of creating custom memorial jewelry or cremation stones.
This Agreement is entered into between Donovan Designs Memorials LLC, Denise Donovan, and the purchasing customer signed below (the “Customer”). The Customer is voluntarily providing highly sentimental materials, specifically consisting of cremated human remains, cremated pet remains, or hair/fur samples (collectively, “Inclusions”) to Donovan Designs Memorials LLC, for the purpose of creating custom memorial jewelry or cremation stones.
2. MULTI-CHANNEL ASSENT
The parties agree that this contract governs all transactions between them, whether executed via digital assent (checking a box or clicking “I agree” during online checkout), electronic signature, or physical signature.
The parties agree that this contract governs all transactions between them, whether executed via digital assent (checking a box or clicking “I agree” during online checkout), electronic signature, or physical signature.
3. EXPRESS ACKNOWLEDGMENT OF INHERENT CRAFTING RISKS
The Customer explicitly acknowledges and accepts that custom handcrafting processes involve unpredictable physical elements, chemical reactions, and intense heat. The Customer assumes all risks associated with the following variations:
The Customer explicitly acknowledges and accepts that custom handcrafting processes involve unpredictable physical elements, chemical reactions, and intense heat. The Customer assumes all risks associated with the following variations:
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- Organic Materials (Hair/Fur): May scorch, change color, degrade, dissolve, or shift positions during casting or resin setting.
- Cremated Remains (Ashes): May cause clouding, bubbling, uneven settling, texture changes, or chemical discoloration within the selected medium.
- Loss or Damage: While Donovan Designs Memorials LLC maintains strict organizational and tracking protocols, the Customer accepts the inherent risk of accidental contamination, damage, or total loss of the Inclusions during studio processing, handling, or storage.
4. THIRD-PARTY TRANSIT & FUNERAL HOME EXCLUSION
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- Funeral Home Drop-offs: If Inclusions are collected via a partner funeral home, Donovan Designs Memorials LLC is not liable for any mislabeling, contamination, or loss occurring prior to the exact moment the Jeweler physically takes custody of, and signs for, the package at their main studio.
- Shipping & Couriers: Donovan Designs Memorials LLC is not liable for any losses, delays, or damage caused by third-party shipping couriers. Risk of loss during transit remains with the Customer.
5. CLEAR & UNAMBIGUOUS RELEASE OF LIABILITY FOR NEGLIGENCE & LIABILITY CAP
TO THE MAXIMUM EXTENT PERMITTED UNDER PENNSYLVANIA LAW, THE CUSTOMER HEREBY FOREVER RELEASES, WAIVES, AND DISCHARGES DONOVAN DESIGNS MEMORIALS LLC, ITS OWNERS, EMPLOYEES, AGENTS, AND PARTNER FUNERAL HOMES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR CAUSES OF ACTION ROOTED IN ORDINARY NEGLIGENCE.
TO THE MAXIMUM EXTENT PERMITTED UNDER PENNSYLVANIA LAW, THE CUSTOMER HEREBY FOREVER RELEASES, WAIVES, AND DISCHARGES DONOVAN DESIGNS MEMORIALS LLC, ITS OWNERS, EMPLOYEES, AGENTS, AND PARTNER FUNERAL HOMES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR CAUSES OF ACTION ROOTED IN ORDINARY NEGLIGENCE.
THE CUSTOMER EXPRESSLY AGREES NOT TO SUE OR SEEK CIVIL DAMAGES FOR EMOTIONAL DISTRESS, MENTAL ANGUISH, REPLACEMENT COSTS, OR PROPERTY DAMAGE RESULTING FROM THE ACCIDENTAL LOSS, DAMAGE, ALTERATION, OR DESTRUCTION OF THE INCLUSIONS. THE CUSTOMER AGREES THAT THE SENTIMENTAL VALUE OF THE INCLUSIONS CANNOT BE QUANTIFIED OR FINANCIALLY COMPENSATED. IN THE EVENT OF ANY PROVEN LIABILITY, DAMAGE, OR LOSS, THE MAXIMUM FINANCIAL LIABILITY OF DONOVAN DESIGNS MEMORIALS LLC SHALL BE STRICTLY CAPPED AT A 100% REFUND OF THE ACTUAL PURCHASE PRICE PAID BY THE CUSTOMER FOR THE WORK.
6. MANDATORY BACKUP REPRESENTATION
The Customer warrants and certifies that they have NOT provided the entirety of their remaining ashes or hair, and have kept a secure baseline portion at home.
The Customer warrants and certifies that they have NOT provided the entirety of their remaining ashes or hair, and have kept a secure baseline portion at home.
7. RETURN OF MATERIAL & REFUND POLICY
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- Excess Material: Any unused ashes or hair will be safely packaged and returned to the Customer alongside the finished jewelry piece.
- Final Sale: Because these items are irreversibly customized using unique personal media, all sales are final once physical work or studio preparation begins. No refunds, order cancellations, or returns will be honored.
8. GOVERNING LAW & JURISDICTION
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Pennsylvania. Any legal actions must be filed exclusively in the local court system of the Jeweler’s home county in Pennsylvania.
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Pennsylvania. Any legal actions must be filed exclusively in the local court system of the Jeweler’s home county in Pennsylvania.
BY CLICKING THE AGREEMENT BOX, I CERTIFY THAT I AM AN ADULT OF SOUND MIND, THE LEGAL OWNER/CUSTODIAN OF THE INCLUSIONS, AND THAT I HAVE READ, UNDERSTOOD, AND VOLUNTARILY AGREE TO BE BOUND BY THIS ENTIRE WAIVER.
Donovan Designs Memorials is not responsible for shipping to and from the studio if adjustments need to be made.