Release of Liability
Release of Liability
I understand and agree that skiing, snowboarding, and cross country skiing are HAZARDOUS activities with inherent risks of injury that reasonable care, caution, instruction and expertise cannot eliminate and that injuries are common and ordinary occurrences during these activities. I hereby agree, freely and voluntarily, to ASSUME and accept any and ALL RISKS of death or of injury to any part of the User’s body while skiing or snowboarding.
If Alpine ski equipment with release bindings are being furnished, I understand that it forms a part of, or all of, a ski-boot-binding system which will release the boot from the ski when certain forces are applied to the system, but that it will NOT RELEASE OR RETAIN at all times or under all circumstances, and that its use CANNOT guarantee the User’s safety or freedom from any injury while in use. I understand 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 injury to the User’s knees or to any other part of the User’s body.
If Snowboard(s), or Cross Country Skis with non-release bindings are 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 Kiwi Sports, LLC and its owners, agents, and employees, as well as the manufacturers and distributors of this equipment, from ANY AND ALL RESPONSIBILITY OR LEGAL LIABILITY for any injuries, damages (past, present, or future), whether anticipated or unanticipated, property loss, or death to any user of any equipment purchased from Kiwi Sports, LLC, whether or not such injuries or damages are caused by NEGLIGENCE or any other cause. I further agree that I WILL INDEMNIFY, HOLD HARMLESS AND NEVER SUE or make a claim against Kiwi Sports, LLC and its owners, agents, and employees, as well as the manufacturers and distributors of this equipment and 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 cross country skiing and/or the use of this equipment including from any claims or cross-claims from any manufacturer or distributor of the equipment provided herein inclusive of any and all costs including attorneys’ fees which Kiwi Sports, LLC may incur.
I accept this equipment “AS IS”, with NO WARRANTIES, express or implied, made by Kiwi Sports, LLC and if any manufacturer has provided a written limited warranty, I will look solely to the manufacturer for such warranty. This Agreement constitutes the final and entire agreement regarding this transaction and this equipment, and it supersedes any and all other documents or oral statements. If any part of this Agreement is found to be invalid or unenforceable by any court, the remainder shall be given full force and effect.
I UNDERSTAND THIS EQUIPMENT HAS NOT BEEN ADJUSTED FOR A USER OR TESTED TO ENSURE FUNCTIONALITY, and as such I agree to have this equipment adjusted and inspected by a ski binding mechanic who has been fully certified by the appropriate binding manufacturer prior to any use. I agree to check this equipment before each use, including the binding anti-friction device (if applicable), and I will not use this equipment if any parts are damaged, missing, or do not seem to be working properly. Prior to any use I will read the manufacturers written instructions (new equipment only). If any equipment is not working properly and the cause is not of my making, I understand and agree THAT THE LIABILITY OF KIWI SPORTS, LLC IS LIMITED TO REFUND OF THE APPLICABLE PORTION OF THE AMOUNT PAID FOR THIS EQUIPMENT AND I WAIVE ALL RIGHTS TO CLAIM DAMAGES OF ANY KIND INCLUDING ACTUAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. I have carefully read, understood and fully agree to the terms and conditions set forth on this entire page.
THIS AGREEMENT is made in and governed by the laws of the State of Maryland whose Circuit Courts shall be the sole venue and have exclusive jurisdiction over all claims arising hereunder.