Liability disclaimer & assumption of risk

Draft — have an attorney review before launch; not legal advice.

No Delta Boom fireworks are designed to be handheld. Handle safely and use at your own risk.

Last updated: October 8, 2026

1. Acknowledgment

This Liability Disclaimer, Assumption of Risk, and Release (this “Disclaimer”) applies to every purchase of fireworks or related products (the “Products”) from Delta Boom Fireworks Company, also known as Delta Boom (together with its owners, officers, employees, agents, and affiliates, “Delta Boom”), whether ordered through deltaboomfirework.com, by phone, by email, or in person, and whether received by delivery or pickup. By purchasing, accepting, or using any Product, the purchaser (“Buyer,” “you”) acknowledges that Buyer has read, understands, and agrees to be bound by this Disclaimer.

2. No Products Are Designed or Intended to Be Held in the Hand

NO FIREWORKS SOLD BY DELTA BOOM FIREWORKS ARE DESIGNED OR INTENDED TO BE HELD IN THE HAND WHILE LIT. Buyer shall not hold any Product in the hand, or in or near any part of the body, while it is lit or after it has been ignited, and shall not throw, aim, or discharge any Product at or toward any person, animal, vehicle, structure, or property.

3. Inherent Risks

Buyer acknowledges that consumer fireworks are explosive and pyrotechnic devices that are inherently dangerous. Their use involves risks that cannot be fully eliminated, including without limitation burns, eye injuries, hearing damage, loss of limbs or digits, other serious bodily injury, death, fire, and damage to real or personal property. These risks may result from the nature of the Products, from malfunction or unexpected performance, from the actions of Buyer or third parties, or from environmental conditions such as wind, dry vegetation, or terrain.

4. Assumption of Risk

Buyer knowingly, voluntarily, and expressly assumes all risks, both known and unknown, arising from or related to the purchase, transportation, storage, handling, possession, ignition, use, or disposal of the Products, including any risks arising from the negligence of Delta Boom to the fullest extent permitted by law. HANDLE ALL PRODUCTS SAFELY. BUYER USES ALL PRODUCTS AT BUYER'S OWN RISK.

5. Release and Waiver of Liability

To the fullest extent permitted by applicable law, Buyer, on behalf of Buyer and Buyer's heirs, executors, administrators, successors, and assigns, hereby releases, waives, discharges, and covenants not to sue Delta Boom from and for any and all claims, demands, losses, damages, liabilities, causes of action, costs, and expenses of any kind (including attorneys' fees), whether in contract, tort (including negligence), strict liability, or otherwise, arising out of or in any way related to the Products or their purchase, transportation, storage, handling, possession, ignition, use, misuse, or disposal.

6. Indemnification and Hold Harmless

Buyer agrees to defend, indemnify, and hold harmless Delta Boom from and against any and all claims, demands, suits, losses, damages, liabilities, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees and court costs) brought by any person, including third parties, guests, spectators, and minors, arising out of or related to (a) Buyer's purchase, transportation, storage, handling, possession, ignition, use, misuse, or disposal of the Products; (b) the acts or omissions of any person to whom Buyer provides access to the Products; (c) Buyer's violation of any law, ordinance, or regulation; or (d) Buyer's breach of this Disclaimer.

7. No Warranties; Products Sold “AS IS”

ALL PRODUCTS ARE SOLD “AS IS” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY LAW, DELTA BOOM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Delta Boom does not manufacture the Products and makes no representation or warranty regarding their performance, effects, duration, height, color, sound, or safety. Product descriptions, photographs, and videos are provided for illustration only, and actual performance and packaging may vary. Any warranty that may exist is solely that of the manufacturer, if any.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DELTA BOOM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO THE PRODUCTS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL CASES, DELTA BOOM'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY BUYER FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

9. Compliance with Laws

Buyer is solely responsible for determining and complying with all applicable federal, state, county, and municipal laws, ordinances, regulations, and restrictions governing the purchase, possession, transportation, storage, and use of fireworks, including without limitation restrictions on dates, times, and locations of use, burn bans, and any rules adopted by DeSoto County, Marshall County, or any municipality. Delta Boom makes no representation that use of any Product is lawful at any particular time or place.

10. Age Requirement and Adult Supervision

Products are sold only to persons eighteen (18) years of age or older. Buyer represents and warrants that Buyer is at least eighteen (18) years of age. Products shall be ignited and used only by responsible adults. Minors shall not handle, ignite, or use any Product, and must be kept at a safe distance and under the direct supervision of a responsible adult at all times when Products are in use.

11. Manufacturer Instructions

Buyer shall read, understand, and strictly follow all manufacturer labels, warnings, and instructions printed on or accompanying each Product, and shall use each Product only for its intended purpose and in the manner described by the manufacturer.

12. No Alteration or Modification

Buyer shall not alter, modify, disassemble, combine, bundle, re-fuse, or otherwise tamper with any Product, and shall not attempt to relight or handle any Product that has failed to function (a “dud”). Any alteration, modification, or misuse of a Product is done entirely at Buyer's own risk.

13. Proper Storage and Transportation

Buyer is responsible for safely transporting and storing all Products after delivery or pickup, in a cool, dry location away from heat, flame, sparks, and other ignition sources, and out of the reach of children and pets.

14. Responsibility for Third Parties and Minors

Buyer is solely responsible for the conduct and safety of all persons, including guests, spectators, and minors, who are present at or participate in any use of the Products, and for any person to whom Buyer gives, sells, or otherwise provides access to any Product.

15. Severability

If any provision of this Disclaimer is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect.

16. Governing Law

This Disclaimer shall be governed by and construed in accordance with the laws of the State of Mississippi, without regard to its conflict-of-laws principles.

17. Entire Agreement

This Disclaimer is incorporated into and forms part of Delta Boom's Terms of Service. In the event of a conflict between this Disclaimer and any other statement by Delta Boom regarding the subject matter of this Disclaimer, this Disclaimer controls.

Contact

Delta Boom Fireworks Company · 8218 Hwy 178, Byhalia, MS 38611 · [email protected]