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, biking, snowshoeing, and other 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 users body while using this equipment. 2. To the fullest extent allowed by law, I hereby agree to forever RELEASE AND HOLD HARMLESS this rental and retail shop, and all manufacturers and distributors of this equipment, as well as the owners, agents, employees, and affiliate companies. From ANY AND ALLRESPONSIBILITY AND 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 I will DEFEND AND INDEMNIFY them if any claim or action is pursued for any injuries, damaged, or death relating to the use of the equipment listed in this form. 3. I accept this equipment is "ASIS" and with NO WARRANTIES, express or implied, beyond those stated in this agreement and in the manufacturer's limited warranty, if any. 4. 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 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. Acknowledgement of Personal Information & Equipment Instruction I have accurately represented the above listed information is true and correct. I will not use any of the equipment to be provided to me during this transaction until I have received instruction on its use and function. I agree to accept all monetary liability associated with damage to equipment caused by improper use. This damage waiver applies to accidental equipment damage only. It does not apply to lost, misplaced, stolen, broken, or mistreated equipment. If the damage waiver is accepted, the shop will absorb the cost of repairing any accidental damage. The customer is responsible for the full retail value of any lost, misplaced, stolen, or intentionally damaged equipment. NO REFUNDS ON EARLY RETURNS NO EXCEPTIONS I HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS OF THIS WARNING, ASSUMPTION OF RISK, LIABILITY RELEASE, INDEMNITY AND HOLD HARMLESS AGREEMENT NOT TO SUE. I AM AWARE THAT THIS IS A LEGALLY BINDING CONTRACT. |