WARNING, ASSUMPTION OF RISK, LIABILITY RELEASE,
INDEMNITY AND HOLD HARMLESS AGREEMENT AND AGREEMENT NOT
TO SUE. PLEASE READ CAREFULLY BEFORE SIGNING.
1. I understand and agree that skiing,
snowboarding and related
activities are hazardous and
that injuries are common and ordinary occurrences during these
activities. I agree to assume all risks of
death or of injury to any part of the user's body 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 present 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 release-ability 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 from Alpine ski bindings in that snowboard,
skiboard and Nordic bindings will not
release in falls 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 winter sport 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. To the fullest extent
allowed by law, I hereby
agree to forever
release and hold harmless
this ski and/or snowboard shop, and all manufacturers and
distributors of this equipment, as well as their owners, agents, employees and affiliated
companies, from any and all
responsibility or legal liability for any injuries, damages or death to any
user of any equipment listed on this form, whether resulting from negligence or any other cause. I
further agree that I will defend and indemnify
them if any claim or action is pursued for any injuries,
damages or death relating
to skiing, snowboarding or any related activities involving the use of this
equipment.
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 the
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 heir, agents and assigns, but it is not intended to
assert any claims or defenses that are prohibited by law. If any part of this
agreement is held to be invalid or unenforceable, the remainder shall be given
full force and effect. The specific legal rights of the parties may vary among
different states and provinces.
NO REFUNDS
ON EARLY RETURNS. NO EXCEPTIONS.
I have
carefully read, understood and agreed to the terms of this warning, assumption
of risk, liability release,
indemnity and hold harmless agreement
and agreement not to sue. I
am aware that this a legally binding contract.