Contract: This contract is made by and for the user named below. This is a contract (and release of liability agreement) to rent, use and return equipment. By my signature, I agree to: check the condition of the equipment and accept it only if it is fully satisfactory to me, and, if renting skis, to compare the binding release settings with those posted for my height, weight and ability. By use of the agreement, I agree the release settings are correct for me. I understand that bindings furnished herewith are NOT designed to reduce the risk or degree of injury under all circumstances and are no guarantee of my safety. I acknowledge I am signing this contract with the Rental Liability Release & Indemnification Agreement language below and I expressly state that I intend to abide by all contractual effects stated herein.
Liability Release & Indemnification Agreement: I understand by my additional signature below that this document is also a liability release and waiver by which I am giving up all of my rights of every kind (including the rights of any minor for whom I might sign) to claim damages against Peak Mountain Guides, LLC DBA: Peak Mountain Guides. By my signature and/or use of the rented equipment I agree, acknowledge and contract with Peak Mountain Guides as follows:
- I understand that there are inherent risks in the use of this equipment, that injuries are common and ordinary occurrences of the sport, and I freely and voluntarily accept those risks.
- I understand that the ski binding system WILL NOT RELEASE at all times or under all circumstances where release would otherwise prevent injury or death and that it is not possible to predict every situation in which it will either release or fail to release and therefore, there are no guarantees of my safety in using this equipment.
- I understand how to use the equipment and I will use it as it is intended to be used.
- I agree to inspect the equipment and use it “as is” only if it is satisfactory to me. I accept full responsibility for the care of the equipment and agree to pay Peak Mountain Guides for any damages or loss of equipment. Lost equipment will be paid for at full MSRP.
- I have made no misrepresentations regarding my weight, height or skier type. I agree to compare the binding setting with those posted for my weight, height and skier type. By use of the agreement,
- I agree that the settings are correct for me.
I, for myself, and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release, indemnify, and hold harmless Peak Mountain Guides, its officers, directors, officials, agents and/ or employees, other participants, sponsors, advertisers, permit grantors, independent contractors, sub- contractors and, if applicable, owners and lessors of premises used to store or maintain the equipment (RELEASEES), from any and all claims, demands, losses and liability arising out of or related to any INJURY, DISABILITY OR DEATH I may suffer, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I have had sufficient opportunity to read this entire document (both pages). I have read and understood it, and I agree to be bound by its terms.
Today's Date: March 5, 2021