ASSUMPTION OF RISK AND RELEASE FROM LIABILITY AGREEMENT PLEASE READ CAREFULLY - PRINT CLEARLY THE FOLLOWING INFORMATION THIS IS A LEGAL DOCUMENT. By signing it, you are limiting your ability to recover from Modern Skate & Surf (and any of its affiliates) any damages you sustain while using rental products. If you have any questions about the legal consequences of this document, please obtain advice from your lawyer prior to signing. This document must be signed before you use these rental products. You agree not to sue Modern Skate Park or any of its affiliates for any claims you may have. This agreement is entered into between Modern Sports, Inc, dba Modern Skate & Surf (hereinafter designated MSS) and the undersigned participant with respect to rental of equipment. In consideration of the use of the rental equipment, participant agrees as follows: 1. I accept for use the equipment listed on this AGREEMENT in AS IS condition. There are no warranties, expressed or implied, which extend beyond the description of the equipment listed on this agreement. I accept full responsibility for its care and I confirm that it is a non-release system. I have made no misrepresentations of on this form or otherwise regarding my height, weight, age, or snowboard type. I have received satisfactory answers to all my questions regarding the use and function of this equipment. If at any time I feel the equipment is not functioning properly, I will stop using it and return it for inspections and for any needed repairs or readjustments. I understand that I am aware that snowboard skiing is a hazardous activity, involving INHERENT AND OTHER RISKS OF INJURY to any and all parts of the body INCLUDINGI DEATH. I further understand that injuries in the sport of snowboard skiing are a COMMON AND ORDINARY OCCURANCE and I freely accept and assume those risks. I agree and understand that this snowboard ski-boot-binding system may not necessarily reduce nor eliminate the risks of injuries to myself, up to and including death. I release Modern Skate & Surf and its affiliates, owners, agents, employees, and any other person or company in any way associated with it from any and all liability for injuries or damages to the user of the equipment listed on this agreement for or to any other person for any property damage resulting from negligence, the selection, installation, maintenance, adjustment and use of this equipment. In addition, they shall not be held liable for any consequential damages. Participant forever waives any cause of action against MSS and its affiliates, owners, agents, employees, and any other person or company in any way associated with it for any damages which might arise from any failure of equipment that is used in this activity. 2. I understand that the snowboard ski-binding being furnished WILL NOT RELEASE to prevent injury and its use CANNOT GUARANTEE my safety or freedom from injury when I participate in snowboard skiing. 3. In the event a third party (or parties) is injured in any occurrence in which the undersigned participates, the undersigned shall forever indemnify, defend and hold harmless MSS, its affiliates, its owners, agents, and employees, from ALL costs and expenses which arise from claims by such injured parties. 4. Participant authorizes any medical treatment deemed necessary in the rental of any injury while participating in skate park activities. It is the responsibility of participant to carry full and complete insurance coverage for personal bodily injury and personal property damage to participant and any other individuals who may be injured resulting from rental activities (or, in its absence, agree to pay all costs of rescue and/or medical services that may be incurred on behalf of the participant). 5. Participant agrees to snowboard/ride within his/her own abilities and be aware of others around them. No inverted maneuvers are allowed at any time. participant represents that he//she is physically fit and adequately trained to safely participate in this physically demanding activity, and that he/she does not suffer from any injury, defect, ailment, illness or the like which could conceivably lead to injury or death from participation in this activity. 6. The participants Assumption of Risk and Release of Liability Agreement is on behalf of the user of the rental equipment, and his or her spouse, personal representatives, assigns, heirs, next of kin, family, relatives, executors, trustees, conservators, administrators, agents and guardians. 7. DAMAGES FOR LOSS OF PRDUCT: I AGREE TO RETURN THIS EQUIPMENT IN THE SAME CONDITION AS RECEIED, NORMAL WEAR EXPECTED, AND SHALL REIMBURSE Modern Skate & Surf for all damages to the equipment. If I do not return the product rented, I authorize Modern Skate and Surf to charge my card for the full retail value of the product in new condition. 8. Participant agrees to give up their right to a trial by a court or a jury. Any dispute or claim between participant and MSS, including those arising out of or related to this Agreement, the interpretation of this Agreement, or any damages, shall be settle by binding arbitration in accordance with the Rules of the American Arbitration Association. The arbitrator's award shall be final and binding upon the parties, and judgement upon the award may be entered by any court of competent jurisdiction. The place of arbitration shall be Oakland County, Michigan.
9. To the fullest exct4ent permissible under law, I AGREE NEVER TO SUE AND TO RELEASE FROM LIABILITY MODERN SPORTS, INC, DBA MODERN SKATE & SURF AND/OR ITS SUBSIDIARIES, AFFILIATES, INSURANCE COMPANIES, AGENTS, EMLOYEES, REPRESENTATIVAES, ASSIGNESS, OFFICES, DIRECTORS, AND SHAREHOLDERS FROM ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from the Rental INCLUDING THOSE INJURIES AND DAMAGES CAUSED BY ANY RELEASED PARTY'S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY. By signing this agreement without a parent or legal guardian's signature, I represent, under penalty of fraud that I am at least 18 years old (US) or 19 years old (Canada) Snowboarder Signature April 16, 2025
BY SIGNING ON BEHALF OF A MINOR OR OTHER PARTICIPANT, I REPRESENT THAT I AM AUTHORIZED TO SIGN ON PARTICIPATNS BEHALF and/or I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR PARTICIPANT and acknowledge that Participant is bound by all terms of this Agreement. I understand that the minor Participant would not be permitted to take part in any of the Activities unless I agree to the terms of this Agreement. I represent and warrant that I am the parent and/or legal guardian of such Child and that the Child is in good health and there are no special problems associated with the care of the Child; I accept responsibility for all the Child's medical expenses incurred in connection with the use of the Rental Product; I agree to indemnify Modern Skate & Surf and all Released Parties for any and all claims brought by the Child; and, I agree to indemnify Modern Skate & Surf and all Released Parties for any and all claims brought by a third party arising in connection with the Child's participation in the Rental and the Use of the Facilities. I understand that this Agreement will apply for each and every day Participant participates in any Activity during the applicable operating season. I understand that this Agreement is a contract and, to the fullest extent permitted by law, shall be binding on me and my assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. I am signing of my own free will and volition.
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