LIABILITY RELEASE, INDEMNIFICATION, AND ASSUMPTION OF RISK AGREEMENT: Winter Sports Equipment
WARNING: PLEASE READ CAREFULLY BEFORE ACCEPTING
I understand that skiing and snowboarding are sports involving INHERENT RISKS that can result in serious injury or death. I freely accept and ASSUME ALL RISKS OF INJURY OR DEATH that may occur while using this equipment, whether the specific risks are known or unknown.
- Snowboards and cross-country with non-releasable bindings: I understand and agree that the binding systems are not designed nor intended to release and that any risk of non-release is an inherent risk of the sport.
- Snowboards and bindings are shipped unmounted, and I understand that I must either mount the bindings myself according to the manufacturer’s instructions or bring them to a qualified technician.
- Skis with releasable bindings: I understand and agree 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 the user’s body. I understand and agree that injuries due to unwanted release or retention are inherent risks of skiing.
- Skis and bindings are shipped unmounted and unadjusted. Skis, boots and bindings (including track mounted bindings) must be installed, adjusted and tested as a complete system by a qualified ski technician prior to use. Any change to any part of the system (such as different boots), or use by any other person, will require readjustment by a qualified technician.
I agree to explain the above items on this checklist to anyone other than myself who will be using this equipment now and in the future.
I understand how the non-releasable and releasable binding systems work and I agree that it is my responsibility to know how to properly use the equipment. I understand that I can reduce the risk of injuring myself and others by taking lessons, skiing or riding within my abilities, and using common sense at all times. If I feel the equipment is not functioning properly I will stop using it have it inspected, repaired, or adjusted by a qualified technician.
I HEREBY AGREE TO RELEASE, HOLD HARMLESS AND INDEMNIFY Eastern Mountain Sports, the manufacturer and the distributor of this equipment and/or its component parts, sold or serviced hereunder, FROM ANY AND ALL LIABILITY and for any injuries or damages to the user of this equipment or any other person. Furthermore, I AGREE NOT TO SUE or make a claim against Eastern Mountain Sports, the manufacturer or the distributor of this equipment and/or its component parts, sold or serviced hereunder for any injuries or damages sustained and related to the use of this equipment.
I accept this equipment “AS IS” and with NO WARRANTIES, express or implied, beyond those stated in this agreement and in the manufacturer’s written limited warranty, if any.
This document is a LEGALLY BINDING CONTRACT that supersedes any other agreements or representations by Eastern Mountain Sports, or its employees, and is intended to provide a comprehensive release of liability, but is not intended to assert any defenses that are prohibited by law. In the event of a dispute related to this agreement I understand and agree that it will be interpreted and enforced pursuant to the laws of the state of California. If any portion of this agreement is determined to be unenforceable, the remainder shall be given full force and effect. I understand and agree that this agreement is intended to be legally binding on my heirs. If this equipment is to be used by someone other than me, I certify that I am acting as agent or legal guardian for the user and I agree to provide this form and all warnings and information to the user.
THIS IS A RELEASE OF LIABILITY DO NOT ACCEPT IF YOU DO NOT AGREE WITH ITS TERMS