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DEMO POLICY:
WARNING AND ASSUMPTION OF RISK, LIABILITY RELEASE, INDEMNITY and HOLD HARMLESS AGREEMENT and AGREEMENT NOT TO SUE
1. I understand and
agree that skiing, snowboarding and related activities are HAZARDOUS and that
injuries or damage to self, others or property are common and ordinary
occurrences during this activity. I
AGREE TO ASSUME ALL RISKS OF AND LIABILITY FOR death, injury or damage to
me or my property, or to others or their property, while using this equipment.
2. For Alpine Ski Equipment, I understand that the ski-boot-binding system is designed to release the boot from the ski when certain forces on the system reach preset values, but that the binding WILL NOT RELEASE OR RETAIN at all times where release or retention may prevent injury, and that it CANNOT prevent all injuries to any part of the user’s body. I understand and agree that lower settings on my bindings will increase releasability but also increase the risk of injury due to inadvertent release, that higher settings on my bindings will increase retention but also increase the risk of injury due to non-release, and that injuries due to unwanted release or retention are inherent risks of skiing.
3. For Snowboards, Skiboards, and Nordic Equipment,
I understand that these systems function differently than Alpine ski bindings
in that snowboard, skiboard, and Nordic bindings WILL NOT RELEASE in fails or accidents. I understand and agree that
these systems DO NOT PROTECT against
any type of injury and that any injuries resulting from these circumstances are
inherent risks of the sport.
4. I understand and agree that certain risks of skiing and snowboarding may be reduced, but not entirely eliminated, by taking lessons, by following “YOUR RESPONSIBILITY CODE” which is posted at most wintersport areas and by using reasonable care and common sense. I further understand that a leash or other runaway prevention system must be used with all skis and snowboards at all times, including while riding lifts and while carrying snowboards on or near a slope, in order to reduce the risk of injury to others.
5. In further consideration of my right to use the listed equipment, on behalf of myself and my heirs, executors, administrators, martial community (if any), agents, successors and assigns. I hereby agree to indemnify, defend, hold harmless and fully release and forever discharge each of evo, the manufacturers and distributors of the listed equipment, and their respective directors, officers, members, shareholders, employees, affiliated entities, agents, insurers, and assigns, from and against any and all liabilities, costs, claims, alleged claims, demands, duties, rights, agreements, promises, damages, injuries, losses, expenses, liens and debt actions of any kind, including, without limitation, attorneys’ fees, whether known or unknown, unforeseen or foreseen, arising out of or in any way connected with, directly or indirectly, my or another’s use of the listed equipment and participation in the activity of skiing or snowboarding, as the case may be, including without limitation, personal injury or death, property damage, loss of enjoyment, or other harm or loss of any nature whatsoever caused or contributed to by or arising out of my or another’s use of the listed equipment and/or participating in skiing or snowboarding activities. I specifically waive any rights or benefits conferred by the provisions of section 1542 of the civil code of California, which provides that “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if know by him must have materially affected his settlement with the debtor.” If any part or clause of this agreement is determined to be invalid or unenforceable, this agreement shall otherwise remain in effect and shall be construed in accordance with its terms, including by giving the greatest effect possible to the otherwise invalid or unenforceable provision.
6. I accept this equipment “AS IS” and with NO WARRANTIES, express or implied, beyond those stated in this agreement and in the manufacturer’s written limited warranty, if any.
7. This document is a LEGALLY BINDING CONTRACT which supersedes any other agreements by or between parties, and which constitutes the FINAL AND ENTIRE AGREEMENT regarding this transaction and this equipment. This agreement is intended to provide a COMPREHENSIVE RELEASE OF ALL LEGAL LIABILITY which is binding upon and for the benefit of all parties, their heirs, agents and assigns, but it is not intended to assert any claims or defenses that are prohibited by law. This agreement will be construed and enforced under the laws of the State of Washington notwithstanding its choice of law provisions, and venue for any suit or proceeding in any way related to this agreement will be in the federal and state courts in King County, Washington. If any part of this agreement is held to be invalid or unenforceable, the remainder shall be given full force and effect. The specific rights of the parties may vary among different states and provinces.