PUBLIC LANDS 

LIABILITY RELEASE & WAIVER OF RIGHTS

RENTAL OR SERVICE AGREEMENTS

PARTICIPANT ASSUMES ALL RISKS

I fully understand and acknowledge that inherent risks, dangers, and hazards exist in outdoor recreational activities, including, but not limited to skiing, snowboarding, cycling, mountain biking, and kayaking and use of associated rental or serviced equipment (“equipment”) that may result in injury or illness including, but not limited to, bodily injury, strains, fractures, partial and/or total paralysis, disability, death or other ailments that could cause serious disability and/or damage to personal property.  These risks, injuries, and dangers may be caused by terrain/slope/water conditions, weather, speed, conduct of other participants, use/misuse of rental/serviced equipment, and/or failure of rental/serviced equipment, as well as risks created by the alleged negligence, recklessness, or gross negligence of the employees, officers, or agents of Dick’s Sporting Goods, Inc. d/b/a Public Lands (“Public Lands”).  I further understand that the use of protective devices, such as helmets and/or personal flotation devices, are recommended and that the failure to wear the protective devices may increase the risk of injury or death.  I understand and agree that I am responsible for following all posted rules and/or instructions related to the rental/serviced equipment from Public Lands and at all recreational areas where the rental/serviced equipment is used.  I agree that I will not use any of the rented equipment until I have received instruction on its use and I fully understand the equipment’s use and function.  I agree to check rental/serviced equipment before each use (including the binding anti-friction device on skis) and stop using it immediately and return it for inspection if it is not properly working.  

I am voluntarily participating in outdoor recreational activities and/or using rental/serviced equipment with full knowledge of the potential risks of injury and/or death or damage to property and hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the alleged negligence, recklessness, or gross negligence or other conduct of agents, officers, or employees of Public Lands or by any other person. 

As it relates to the rental or service of snow or ski equipment, I understand that the binding systems on skis and snowboards do not guarantee the user’s safety.  I understand that ski binding release settings depend upon the accuracy of my statements about weight, height, age, and skier type and I represent that any information I provided is true and correct. I agree with the visual indication settings recorded within all Public Lands systems and forms for downhill ski equipment and agree with the number appearing in the visual indicator windows of the equipment listed based on the information I have provided.  I acknowledge that skis and snowboards equipped with release binding systems will not release at all times or under all circumstances where release may prevent injury or death.  I understand that it is not possible to predict every situation in which the binding systems will or not release.  I understand that skis and snowboards equipped with non-release bindings will not ordinarily release during use and that these binding systems are not designed to release as a result of forces generated during normal operation.   

       I, on behalf of myself, my personal representatives and my heirs, hereby represent that I am of legal age and of sound mind and do voluntarily agree to release, waive, forever discharge, hold harmless, defend and indemnify Public Lands, its owners, agents, officers, employees, and insurers from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my participation in outdoor recreational activities and/or use of any rental/serviced equipment.  I specifically understand that I am forever releasing, discharging, and waiving any claims or actions that I may have presently or in the future for the alleged negligent, reckless, and gross negligent acts and/or other conduct by the owners, agents, officers or employees of Public Lands. 

FOR PARTICIPANTS OF MINORITY AGE

        I, as parent/guardian with legal responsibility for the child/ward, have read and explained the provisions in this Agreement to my child/ward, including the risks of outdoor recreational activities and use of rental/serviced equipment, and his/her responsibility to adhere to all rules and instructions.  I represent that my child/ward understands and accepts these risks and responsibilities and that if incompetent to accept such risks, I accept them on my child/ward’s behalf.  I, for myself, my spouse, my heirs, and child/ward and their legal representatives do release, agree not to sue, indemnify and hold harmless Public Lands for any and all claims, actions, and/or liabilities arising from or in any way relating to my child’s/ward’s participation in outdoor recreational activities and/or use of rental/serviced equipment even if arising from the negligence, recklessness, or gross negligence of Public Lands and specifically represent that I have full authority to sign on behalf of my child/ward. 

I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT, AGREE IT IS MY INTENTION TO ASSUME THE RISK OF INJURY AND RELIEVE PUBLIC LANDS, ITS AGENTS, EMPLOYEES, AND RELATED ENTITIES FROM ALL MANNER OF LIABILITY INCLUDING LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY ANY ACTUAL OR ALLEGED NEGLIGENCE, RECKLESSNESS, GROSS NEGLIGENCE, ACT OR OMISSION, FRAUD, MISREPRESENTATION, OR ANY OTHER CAUSE.  I UNDERSTAND AND AGREE THAT THIS IS A COMPLETE RELEASE AND DISCHARGE OF ALL CLAIMS AND RIGHTS I AND/OR MY CHILD/WARD MAY HAVE AGAINST PUBLIC LANDS AND THAT NO ACTION WILL BE TAKEN BY OR ON BEHALF OF ME OR MY CHILD/WARD WITH RESPECT TO ANY SUCH RIGHTS.  I UNDERSTAND THAT THIS RELEASE SHALL BE BINDING UPON MY HEIRS, EXECUTORS, SUCCESSORS, AND ASSIGNS. 

I AGREE THAT IN THE EVENT OF ANY DISPUTE OR CLAIM WITH PUBLIC LANDS REGARDING THE RENTAL/SERVICED EQUIPMENT I WILL BRING ANY SUCH CLAIM SOLELY IN MY INDIVIDUAL CAPACITY AND NOT AS A PART OF ANY CLASS ACTION OR REPRESENTATIVE ACTION AND I WAIVE THE RIGHT TO PARTICIPATE IN ANY SUCH CLASS OR REPRESENTATIVE ACTION. I FURTHER AGREE THAT ANY SUCH DISPUTE OR CLAIM ARISING OUT OF THE RENTAL EQUIPMENT SHALL BE DETERMINED BY BINDING ARBITRATION BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO JAMS' STREAMLINED ARBITRATION RULES AND PROCEDURES AND AS FURTHER SET FORTH IN THE TERMS AND CONDITIONS FOUND AT https://www.dickssportinggoods.com/s/terms-of-use OR https://www.publiclands.com/s/terms-of-use.

I ACCEPT FULL FINANCIAL RESPONSIBILITY FOR THE RENTAL EQUIPMENT WHILE IN MY POSSESSION.  I PROMISE TO RETURN IT CLEAN AND UNDAMAGED BY THE AGREED UPON TIME AND DATE AND, IF I FAIL TO DO SO, I AGREE TO PAY FOR ALL NECESSARY REPAIR, CLEANING, AND/OR REPLACEMENT AT THE FULL RETAIL RATE AS DETERMINED BY PUBLIC LANDS.  TO THE EXTENT THE RENTAL EQUIPMENT IS RETURNED LATE, I AGREE TO PAY FULL RENTAL VALUE AS DETERMINED BY PUBLIC LANDS FOR EACH DAY THE RENTAL EQUIPMENT IS KEPT BEYOND THE AGREED UPON RETURN DATE.