WARNING, LIABILITY RELEASE, INDEMNITY AGREEMENT AND ASSUMPTION OF RISK AGREEMENT
PLEASE READ CAREFULLY
ASSUMPTION OF RISKS
I understand how this equipment works and have received proper instruction and satisfactory answers to any 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. If this equipment is to be used by someone other then 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. I understand and agree that skiing, snowboarding, ski-boarding and related activities are HAZARDOUS and that injuries are common and ordinary occurrences during these activities. I AGREE TO ASSUME ALL RISKS OF INJURY OR DEATH which may result from these activities.
If Alpine ski equipment or skiboards are being furnished, I understand that the ski-boot-binding system will release the boot from the ski when certain forces on system reach preset values, but that it will NOT RELEASE OR RETAIN at all times where release or retention may prevent injury, and that 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 any ski-boot-binding system does NOT ELIMINATE THE RISK of injuries to the user’s knees or to any part of this user’s body.
If Nordic or snowboard equipment is being furnished, I understand that these systems normally will NOT RELEASE in falls and accidents and that they do not protect against any type of injury.
To the fullest extent allowed by law, I hereby RELEASE this ski shop, and all manufacturers and distributors of this equipment, from any and all responsibility or legal liability for any injuries, damages or death to any user of any equipment listed on this form, whether caused by NEGLIGENCE or any other cause. I further agree that I WILL NEVER SUE this ski shop, as well as the manufacturers and distributors of this equipment, and that I WILL DEFENT AND INDEMNITY them if any claim or action is pursued for any injuries, damages or death relating to skiing, snowboarding, skiboarding or any related activities involving the use of this equipment.
I accept this equipment “AS IS” and with NO WARRANTIES, express or implied, beyond those stated herein and in the manufacturer’s written limited warranty.
This document constitutes the FINAL AND ENTIRE AGREEMENT regarding this transaction and this equipment, and it supersedes any and all other documents or oral statements. If ay part is found to be invalid or unenforceable, the remainder shall be given full force and effect.
THIS IS A CONTRACT which provides a COMPREHENSIVE RELEASE OF LIABILITY, but 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
READ CAREFULLY BEFORE SIGNING
I have read, understood and agreed to all terms and conditions on the reverse side of this form (above). I accept full financial responsibility for the equipment listed on this form and promise to return it clean and undamaged by the agreed time and date. If I fail to do so, I agree to pay for its repair, cleaning or replacement at a full retail rate, as determined by the shop, as well as for the rental of any additional days. (for release bindings only: I have confirmed that the binding release/retention setting number on the bindings corresponds to the “final indicator setting” stated on this form. I understand that correct weight, height, age and skier type are essential to the proper adjustment of the release/retention settings, and I certify that all user information on this form is correct)