Indemnification

The purchaser of Manufacturer's custom branded products ("Client") shall defend, indemnify, and hold harmless Manufacturer, its members, managers, owners, officers, employees, contractors, and agents from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

1. Branding and Sales Representations.
   Client’s branding, advertising, marketing, promotion, or verbal or written representations concerning the Products, including any statements regarding safety, burn time, fragrance, or performance not expressly approved in writing by Manufacturer.
2. Labeling and Warnings Approved by Client.
   The design, adequacy, legality, or compliance of all labels, packaging, instructions, and safety warnings approved or supplied by Client, including compliance with applicable consumer product safety laws and candle industry standards.
3. Retail Handling and Storage.
   Client’s storage, display, handling, transportation, and retail sale of the Products, including failure to maintain appropriate retail safety practices (such as keeping candles away from heat sources or flammable displays).
4. Alterations or Repackaging.
   Any alteration, relabeling, repackaging, combining, or modification of the Products after delivery, including adding tags, wrapping, gift packaging, or accessories.
5. Misuse or Improper Customer Instructions.
   Claims arising from customer misuse, failure to follow safety instructions, or Client’s failure to provide adequate warnings or safe-use instructions at the point of sale.
6. Third-Party Claims.
   Any claims brought by customers, guests, or third parties related to the sale or use of the Products after delivery.

This indemnification shall not apply to the extent a claim is finally determined by a court to have resulted solely from Manufacturer’s gross negligence or willful misconduct.