ASSUMPTION OF RISKS I understand how this equipment works and have received proper instruction and satisfactory answers to my questions. If at any time this equipment does not seem to be working properly, I will stop using it immediately and return it for inspection and possible repair or adjustment. I understand and agree that skiing, snowboarding and related activities are HAZARDOUS and that injuries are common and ordinary occurrences during these activities. I AGREETO ASSUME ALL RISKS OF INJURY OR DEATH that may result from these activities. If Alpine ski equipment with release bindings is being furnished, I understand that the ski-boot-binding system will release the boot from the ski when certain forces on the system reach preset value ranges, but it will NOT RELEASE OR RETAIN at all times where release or retention may prevent injury, and it CANNOT prevent all injuries or guarantee the user’s safety. I understand and agree that unwanted release or retention of bindings is an inherent risk of using any ski-boot-binding system. I further agree and understand that the use of ski boots and bindings that are not designed to be compatible increases the risk of injury, and that my equipment should be professionally evaluated and tested if there is a change in any component of my ski-boot-binding system. If touring (AT) bindings and/or boots are being furnished, I understand and agree that this equipment provides functionalities that I want, but it might NOT provide the same degree of release and retention protection as regular Alpine boots and bindings, and that injuries resulting from unwanted release or retention of this or any other skiboot-binding system are inherent risks of skiing. If Nordic or Snowboard equipment with non-release bindings is being furnished, I understand that these systems normally will NOTRELEASE in falls and accidents and that they do NOT PROTECT against any type of injury. If a HELMET is being furnished, I understand that no headgear can protect against all foreseeable impacts, that skiing and snowboarding can expose the user to forces that exceed the limits of protection offered by this helmet, that helmets do not guard against injury to the neck, spine, face or any other part of the body, and that these features are inherent risks of using this equipment. Helmets must be properly fitted to each user, and I agree that this helmet has been properly fitted by the provider. I warrant that the helmet is comfortably snug and that when I fasten the chin strap and shake my head there is no significant movement of the helmet. I agree if the helmet is damaged or involved in any kind of accident, I will stop using it immediately, return it to the shop and report the accident or damage. To the fullest extent allowed by law, I hereby RELEASECannonsburgSkiArea and all other persons and companies who provide any equipment to me or have any involvement in manufacturing, distributing, selling, renting, mounting, adjusting, servicing, maintaining, testing or inspecting any equipment I use, and all of their agents, employees, officers, directors, owners and affiliated companies, and their successors and assigns (‘‘Released Parties’’), from ANYANDALLRESPONSIBILITYOR LEGAL LIABILITY for any and all claims asserted by anyone arising out of any injuries, damages or death I may suffer, whether caused by NEGLIGENCE or any other cause. I further agree that neither I nor my estate, heirs or assigns WILL EVER SUE the Released Parties, and that WE WILL DEFEND AND INDEMNIFY the Released Parties if any claim or action is pursued by anyone arising out of any injuries, damages or death to me that has any connection whatsoever to skiing, snowboarding or any activities involving the use of this equipment. I accept this equipment. ‘‘AS IS‘‘ and with NO WARRANTIES, express or implied, other than those stated herein. This document constitutes the FINAL ANDENTIREAGREEMENT regarding this transaction and this equipment, and its supersedes any and all other documents or oral statements. If any part is found to be invalid, illegal or unenforceable, the remainder shall be given full force and effect. THIS CONTRACT is intended to provide for a COMPREHENSIVERELEASE OF LIABILITY and ASSUMPTION OF RISK to the fullest extent allowed by law, but it is not intended to assert any claims or defenses that are prohibited by law. The specific legal rights of the parties may vary in different states and provinces. If this equipment is to be used by someone other than me, I certify that I am acting for the ultimate user and that I will provide this form and all other warnings and information to the ultimate user. February 5, 2025 |