WARNING, ASSUMPTION OF RISK, LIABILITY RELEASE, INDEMNITY AND HOLD HARMLESS AGREEMENT
- I acknowledge that I am at least 18 years old and that I must read and accept the terms of this Waiver as indicated below as a requirement for requesting that DPS mount the bindings and skis that have been selected by me. I have carefully read the terms of this Waiver and understand and agree to the terms of this Waiver as indicated by my checking the box below. I understand and agree that this is a legally binding contract.
- I understand and agree that participation in skiing is HAZARDOUS and is not without significant risks. Such hazards and risks cannot be avoided without destroying the unique character of skiing. I understand that the same elements that contribute to the unique character of skiing can cause loss or damage to ski equipment as well as injuries that can in some cases be permanent. I understand that such injuries are common and even death can occur in participating in skiing activities.
- With respect to the mounting of bindings on my skis, I understand that DPS is doing so without the benefit of inspecting my actual boots but rather operating from the information I provide it with regard to the sizing and possibly the condition of my boots. I further understand that DPS will not have the opportunity to inspect the condition of my boots and that the condition of the toe, heel and sole of the boot affects how effectively bindings may operate and be impacted functionally. I additionally acknowledge that DPS will not adjust the length of “tech” bindings for my specific boot and that such setting is my responsibility and obligation. I also acknowledge that the effective release of the bindings varies dependent on my height, weight and ability level and may change over time with regard to these qualities. In this regard, I further acknowledge and accept that DPS “tech” binding provides no adjustment ability as to release settings and values and for DPS’s mounting of Alpine bindings on my skis, I understand they will be mounted according to the boot sole length I provide to them but will not be adjusted to my personal release settings (forward pressure and din setting). With regard to the latter, if they are not adjusted by a professionally trained ski technician at a certified ski shop, any damage caused by me or injury to me will not be the responsibility of DPS. In addition, I acknowledge that any ski-boot-binding system is designed to release the boot from the ski when certain forces on the system reach certain values, but that a binding MAY NOT NECESSARILY RELEASE OR RETAIN THE SKI at all times where release or retention may prevent injury, and that RELEASE OR RETENTION CANNOT NECESSARILY PREVENT ALL INJURIES OR DEATH.
- Despite the aforementioned risks, among others, I may elect to participate in ski activities using the DPS bindings or Alpine bindings as mounted by DPS despite the inherent and unknown risks and the possibility of injuries and death described above. I accept and assume full responsibility for ALL RISKS associated with such activities, including injury and death associated with the use of the aforementioned equipment. My participation in such activities using any items of the aforementioned equipment is purely voluntary.
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I understand and agree that I will be responsible for all injuries to others caused by the use of the DPS bindings and DPS mounting services by me or any other person. I will be responsible for all damage to the property of others or injuries or death to others resulting from the use of that equipment by me or any other person.
6. To the fullest extent allowed by law, I, on behalf of myself, my spouse, if applicable, and other family members, my heirs, executors, representatives and estate, hereby agree to forever WAIVE, RELEASE, DISCHARGE AND PROMISE NOT TO SUE OR ASSERT CLAMS AGAINST DPS as well as any distributors of their products and including their respective owners, agents, employees, affiliated companies and successors and assigns, from ANY AND ALL RESPONSIBILITY, LOSSES, CLAIMS, SUITS, CAUSES OF ACTION, DAMAGES, EXPENSES OR ANY OTHER LEGAL LIABILITY incurred by them or arising out of the use of the DPS binding and ski combination or DPS mounting services by me or any other person, including without limitation, any damage to property of, injuries to, or death of any user of the DPS ski and binding combination or mounting service, whether resulting from such parties’ negligence or any other cause.
7. I hereby further agree that I WILL HOLD HARMLESS, DEFEND AND INDEMNIFY SUCH PARTIES if any claims, suits, causes of action or other legal action is pursued by any third parties against them for any injuries, damages or death related to the use of of the DPS binding and mounting service as provided to me by DPS.
8. I accept the DPS binding and mounting “AS IS” and with NO WARRANTIES, express or implied, beyond the applicable manufacturer's written limited warranty, if any.
9. I acknowledge and understand that my purchase and related acceptance of the DPS binding and the mounting by DPS of binding equipment on skis constitutes 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 acceptance and acknowledgement 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 unenforceable the remainder shall be given full force and effect. The specific legal rights of the parties may vary among different states and provinces.
10. I agree that this waiver and release of claims shall be governed by and construed in accordance with the laws of Utah. I further agree that any action or proceeding commenced under or with respect to this Agreement shall be brought only in a court of competent jurisdiction in Salt Lake City, Utah, and I irrevocably consent to the jurisdiction of such courts and waive any right to alter or change venue, including by removal. I WAIVE ALL MY RIGHTS TO TRIAL BY JURY OF ANY SUIT, CLAIM, CAUSE OF ACTION OR OTHER ACTION ARISING OUT OF OR RELATED TO THE USE OF ANY ITEM OF THE EQUIPMENT BY ME OR ANY OTHER PERSON.