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DEMO RELEASE, WAIVER, AND ASSUMPTION OF RISK AGREEMENT

This Demo Release, Waiver and Assumption of Risk Agreement (“Agreement”) is executed on December 12, 2024, by (“Releasor”).

RELEASE. In consideration for permitting Releasor to test and evaluate the Next Level Platform ski binding suspension system (“Next Level Platform”), Releasor, for himself/herself, his/her spouse, legal representatives, heirs and assigns, releases, waives and discharges Next Level Platforms, Inc., a California corporation, its officers, directors, shareholders, owners, employees, agents and representatives (“Releasees”), from all liability to Releasor, his/her spouse, legal representatives, heirs and assigns, for any and all loss or damage, and any claim or damages resulting from the same, on account of injury to Releasor’s person or property, even injury resulting in death of Releasor, whether caused by the negligence of Releasees or otherwise while Releasor is participating in the testing and evaluation of the Next Level Platform. Releasor understands that by signing this release, Releasor is waiving any and all claims, of any kind arising out of or attributable to Releasor’s participation in the use of the Next Level Platform, including those claims that may be unknown to Releasor, or which Releasor does not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.


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 WIL 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 at 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. 


NOTE: Use of this product may void other warranties of associated equipment not affiliated with N.L.P.

ASSUMPTION OF RISKS. Releasor understands and agrees that the sport of skiing, in general, and the use of the Next Level Platform in particular, can be dangerous and involve risk of injury and death. Releasor freely, voluntarily and expressly chooses to assume all risks inherent in the use of the Next Level Platform, including but not limited to risks of equipment malfunction and/or failure to function, including those which may result from some defect in design, assembly, and/or manufacture as well as those risks arising from improper and/or negligent operation and/or use of the equipment, for and in consideration of the right of participation in testing and evaluation of the equipment, understanding full well that those risks may include personal injury, property damage, and/or death.

INDEMNIFICATION AND HOLD HARMLESS. Releasor agrees to indemnify, save, and hold harmless Releasees from any loss, liability, damage, expense or cost whatsoever Releasees may incur either directly or indirectly arising out of or related to Releasor’s participation in the use of the Next Level Platform whether caused by the negligence of Releasees or otherwise, including but not limited to, actions brought on by or on behalf of Releasor or Releasor’s estate.

AUTHORIZATION TO USE IMAGE AND LIKENESS. As further consideration for Releasor’s opportunity to use the Next Level Platform, Releasor grants to Releasees (and its designees) the right to include Releasor’s image, likeness, actions, and statements in any live or recorded audio, video, film, 2 webcast, stream, or other transmission, exhibition, simulcast, or reproduction made of, during, about, or at, the demonstration use of the Next Level Platform in any medium or context for any purpose, including commercial or promotional purposes, without further authorization or otherwise.

COVENANT NOT TO SUE. Releasor will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against Releasees, or join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by Releasor, other parties, or Releasor’s (or others') property in connection with the use of the Next Level Platform, and Releasor waives any right Releasor may have to do so.

This Release constitutes the sole and entire agreement with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Releasees and Releasor and their respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). 

BY SIGNING BELOW, RELEASOR ACKNOWLEDGES THAT RELEASOR HAS READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT RELEASOR IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF RELEASOR’S PARTICIPATION IN USE OF THE NEXT LEVEL PLATFORM.

NOTE: IT IS YOUR RESPONSIBILiTY TO CHECK THE BINDINGS TO MAKE SURE THEY ARE SET TO YOUR REQUIREMENTS. N.L.P. IS NOT RESPONSIBLE FOR YOUR FAILURE TO DO SO. 


First Participant's Name

First Name*

Middle Name

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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