WARNING, ASSUMPTION OF RISK, LIABILITY RELEASE,
INDEMNITY and HOLD HARMLESS AGREEMENT
and AGREEMENT NOT TO SUE
(Please Read Carefully Before Signing)
- I authorize this ski shop to perform such work that is necessary to properly mount, test and/or repair my skis, bindings and/or boots.
- I understand and agree that skiing, snowboarding and related activities are HAZARDOUS and that injuries are common and ordinary occurrences during these activities. I AGREE TO ASSUME ALL RISKS of death or injury to any part of the user's body while using this equipment.
- For Alpine Ski Equipment, 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 WILL 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 a user's body. I understand and agree that 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
- For Snowboards, Skiboards, and Nordic Equipment, I understand that these systems function differently from Alpine ski bindings in that snowboard, skiboard, and nordic bindings WILL NOT RELEASE in falls or accidents. I understand and agree that these systems DO NOT PROTECT against any type of injury and that any injuries resulting from these circumstances are inherent risks of the sport.
- I understand and agree that certain risk of skiing and snowboarding may be reduced, but not entirely eliminated, by taking lessons, by following “YOUR RESPONSIBILITY CODE” which is posted at most wintersport areas, and by using reasonable care and common sense. I further understand that a leash or other runaway prevention system must be used with all skis and snowboards at all times, including while riding lifts and while carrying snowboards on or near a slope, in order to reduce the risk of injury to others.
- To the fullest extent allowed by law, I hereby agree to forever RELEASE AND HOLD HARMLESS this ski and/or snowboard shop, and all manufacturers and distributors of this equipment, as well as their owners, agents, employees and affiliated companies, 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 resulting from NEGLIGENCE or any other cause. I further agree that I WILL DEFEND AND INDEMNIFY THEM if any claim or action is pursued for any injuries, damages or death related to skiing, snowboarding 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 in this agreement and in the manufacturer's written limited warranty, if any.
- 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 LIABILITY which is binding upon and for the benefit of all parties, their heirs, 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 uneforceable the remainder shall be given full force and effect. The specific legal rights of the parties may vary among different states and provinces.
- I understand how to use this ski (snowboard)-boot-binding and how this system works. I have been fully instructed in it's proper use or I will get proper instruction before using this equipment. I will verify the binding release/retention settings on thr biding visual indicator correspond to those recorded on this form before using this equipment (Alpine/AT Only). I agree to have the user check this equipment before each use, including the binding anti-friction device (Alpine/AT Only), and I will not use this equipment if any parts are worn, damaged, or missing. I will have the user read the manufacturer written instructions (new equipment only). I will provide all of this information to the user.
(You will receive an email containing a electronic copy of this document after the completion of checkout/submission. Another will be printed for our records)