WARNING, ASSUMPTION OF RISK LIABILITY RELEASE INDEMNITY and HOLD HARMLESS AGREEMENT and AGREEMENT NOT TO SUE.
PLEASE READ CAREFULLY BEFORE SIGNING
- I understand and agree that skiing, snowboarding, snowshoeing and related activities are HAZARDOUS and that injuries are 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 the 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 and that higher setting on my bindings will increase retention, but also increase the risk of injury due to non-release. I understand and agree that injuries due to unwanted release or retention are inherent risks of skiing.
- For Snowboards and Snowshoes: I understand that these systems function differently from Alpine ski bindings in that snowboards and snowshoe 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 these sports.
- I understand and agree that certain risks of skiing and snowboarding may be reduced but not entirely eliminated, by taking lessons, by following “YOUR RESONSIBIILTY CODE” which is posted at most wintersport areas and by using reasonable care and common sense.
- 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 all injuries, damages or death to any user of any equipment listed on this from, 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 relating to skiing, snowboarding, snowshoeing 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 in this agreement and in the manufacturer’s written limited warranty, if any.
- I understand how this equipment works and have received instructions and satisfactory answers to any questions. I agree to check this equipment before each use (including the binding anti-friction device – Alpine only); and 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 that proper binding settings or stance depend upon the accuracy of my statements about weight, height, age, skier type and stance on this form. I have confirmed that the binding release retention settings or stance on this equipment correspond to those stated on this form. If this equipment is to be used by someone other than me. I certify that I am acting as agent for the user and that I will provide this form and all pertinent warnings and information to the user.
- 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 COMPREHENSIVE RELEASE OF ALL LEGAL 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 defense that are prohibited by law. If any part of this agreement is held to be invalid or unenforceable, the remainder shall be given full force and effect. The specific legal rights of the parties may vary among different states and provinces.
- I accept full financial responsibility for the equipment listed on this form. I promise to return it clean and undamaged by the agreed time and date, and if I fail to do so, I will pay for its repair, cleaning or replacement at the full retail rate, as determined by the shop, as well as for the full rental value of any additional days. I have provided a credit card to Windham Mountain Outfitters with this rental form. I hereby authorize Windham Mountain Outfitters to charge the card I provided for any cleaning, extra rental or replacement cost deemed appropriate by Windham Mountain Outfitters.