SKI RENTAL 2016-2017
Warning/ Liability Release & Agreement Not to SUE
I have received the equipment listed on this agreement and have been instructed on its use. I verify that the personal information (height, weight, age, skier classification) on this ticket is correct. If at any time I feel the equipment is not functioning properly, I will stop using it and return it for inspection, repair, or adjustments.
I understand and agree that skiing, ski boarding, snowboarding and other winter sports are HAZARDOUS activities that INJURIES from various causes are an INHERENT RISK of participating in these activities, and that injuries to any or all parts of my body are a COMMON AND ORDINARY OCCURRENCE during these activities. I freely accept and ASSUME ALL RISKS OF INJURY OR DEATH that may occur while using this equipment.
ALPINE SYSTEMS: I have confirmed that the visual release indicators on the alpine ski bindings are the same as those designated on this ticket. I understand that alpine ski/boot/binding systems CANNOT RELEASE OR RETAIN in all situations where release or retention may prevent injury and that they THEREFORE CANNOT GUARANTEE MY SAFETY.
SNOWBOARDS AND XC: I understand that the binding systems on snowboards and cross-country skis and NOT INTENDED TO RELEASE in a fall or upon impact.
To the fullest extent allowed by law, I agree to RELEASE FROM LIABILITY and to INDEMNIFY AND HOLD HARMLESS Rossignol Ski Company, Incorporated, Colorado Wilderness Sports, Inc., DBA Estes Park Mountain Shop, all other manufacturers and distributors of the equipment provided to me under this agreement, any involved winter sport area, shop or service technician, and their owners, agents, employer and employees for any injuries, damages or death related to the use of this equipment. I FUTHER AGREE NOT TO MAKE A CLAIM OR SUE FOR INJURIES OR DAMAGES RELATING TO THE USE OF THIS EQUIPMENT, whether such a claim is based on NEGLIGENCE, breach of warranty, product defect or any other theory. I accept this equipment AS IS with no warranties, express or implied, except the manufacturer’s written limited warranty if any.
THIS DOCUMENT IS A LEGALLY BINDING CONTRACT which supersede any other agreements or representation by or between the parties. It shall be interpreted to provide as broad and inclusive a release of liability as is legally possible, but is not intended to assert any claims or defenses which are prohibited by law. If any part of this agreement is deemed void or unenforceable, the remainder shall be given full force and effect. The specific rights of the parties under this contract may vary from state to state.
I HAVE READ, UNDERSTAND, AND AGREE TO THE WARNING, RELEASE, AND AGREEMENT
I agree that I have read, understand and agree to the waiver found at the top of this document.