Rental Terms & Conditions
SHREDDER SKI HOLDINGS CORPORATION RELEASE, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT ("RELEASE")
Read this Release carefully before signing it. Your completion of the form indicates your understanding of, and agreement to, its terms.
Participant, or if Participant is a minor, Participant's parent or guardian (collectively, the "Undersigned"), acknowledges that use of the ski or snowboard equipment rented by or on behalf of Participant (the "Equipment") from Shedder Ski Holdings Corporation (the “Company”) may be dangerous and may involve RISKS that could cause SERIOUS INJURY AND IN SOME CASES DEATH.
The Undersigned acknowledges and understands that ski and snowboard activities are inherently hazardous and involve both known and unanticipated risks which could result in damage or destruction of property and physical or emotional injury, including paralysis or death, to Participant or other persons. The risks include, but are not limited to: slipping and falling, defectively manufactured or maintained equipment, changing weather conditions, existing or changing snow conditions, collisions with natural or man-made objects or other participants, negligent conduct or intentional misconduct of other participants, paralysis, seizures, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, injuries to knees, back, head, legs or arms, damage to property, and other unknown or unanticipated risks. The Undersigned understands that while use of a helmet, taking lessons, skiing and riding within the Participant’s ability, and abiding by the skier’s responsibility code can reduce such risks, such risks cannot be eliminated without compromising the essential qualities of ski and snowboard activities.
The Undersigned understands that Participant will not be permitted to rent or use the Equipment unless this Release is executed.
The Undersigned voluntarily assumes full responsibility for anY risk of bodily injury TO, or death of, Participant and/or property damage as a result of Participant's use of the Equipment, or due to the negligence of the Company its officers, directors, affiliates, subsidiaries (including, but not limited to, Shredder Kids LLC), representatives, contractors, employees, shareholders, or agents; the manufacturers and distributors of the Equipment (including, but not limited to, Bern, ELAN and ALPINA SPORTS), Never Summer, Burton; or the agents, successors and assigns of each of the foregoing (collectively, the "Released Parties”).
The Undersigned, for himself or herself, and on behalf of his or her personal representatives, heirs, next-of-kin, spouse and assigns, RELEASES, DISCHARGES, INDEMNIFIES, SAVES AND HOLDS THE RELEASED PARTIES HARMLESS FROM, AND PROMISES NOT TO SUE ANY OF THE RELEASED PARTIES FOR, any claim, cause of action, loss, liability, damage, cost, or future physical condition of the Participant, whatsoever arising out of or related to, directly or indirectly, Participant's use of the Equipment, or due to the negligence of any of the Released Parties.
The Undersigned and the Participant understand how to use the Equipment and agree that Participant shall abide by and follow any instructions given or rules established by the Company with regard to use of the Equipment.
The Undersigned has inspected the Equipment, has deemed it satisfactory for the Participant’s use, and accepts the Equipment as is. If at any time the Equipment does not seem to be working properly, the Participant will stop using it immediately and return it to the Company for inspection, replacement, repair or adjustment.
Neither the Undersigned nor the Participant has made any misrepresentation regarding the Participant’s age, height, weight, or skier type. The Undersigned has compared the binding settings on the Equipment to the posted settings for the Participant’s age, height, weight and skier type, and agrees that the settings on the Equipment are correct. The Undersigned agrees to not change, or permit any person other than an authorized representative of the Company to change, the binding settings on the Equipment.
The Undersigned acknowledges and understands that the binding systems on the Equipment will not release at all times or under all circumstances where release may prevent injury or death, that it is not possible to predict every situation in which the binding systems will release and that the binding system cannot guaranty the Participant’s safety.
The Undersigned agrees that this Release is governed by the laws of the State of Colorado applicable to contracts to be performed entirely within such state and is intended to be as broad and inclusive as is permitted by Colorado law. In the event any portion of this Release is determined to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of the Release shall not be affected in any way and shall continue in full legal force and effect.
The Undersigned agrees that if a lawsuit is filed against the Company for any injury or damage in breach of this contract, the Undersigned will pay all attorneys' fees and costs incurred by the Company in defending such action.
The provisions of this Release shall be binding on the Undersigned, the Participant and their successors, assigns, employees, legal representatives, heirs, agents, distributees, and transferees. This Release may not be modified or supplemented except by written instrument signed by the Undersigned and the Company. This Release constitutes the entire agreement of the Undersigned and the Released Parties with respect to its subject matter. No Released Party has made, and the Undersigned is not relying on, any oral or written representation or warranty in conflict with this Release.
WARNING THIS IS A LEGAL DOCUMENT WITH LEGAL CONSEQUENCES. BY SIGNING THIS RELEASE, THE UNDERSIGNED (AND PARTICIPANT, IF THE UNDERSIGNED SIGNS ON BEHALF OF A MINOR) IS GIVING UP RIGHTS HE OR SHE MAY OTHERWISE HAVE. I have read THE FOREGOING RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT. I understand that it is the intention of THE RELEASED PARTIES, in which i concur, to avoid any and all liability, claims, demands or damages, whether known or unknown, foreseen or unforeseen, To Participant, me, those claiming through Participant or me, or any and all third parties, arising out of Participant's USE OF THE EQUIPMENT. I fully realize that Participant may sustain unknown or unforeseen damages, injuries, losses or liability resulting directly or indirectly from his or her USE OF THE EQUIPMENT. By executing this document, I fully intend to release THE RELEASED PARTIES from any and all such Known OR unknown, Foreseen or unforeseen, damages, injuries, losses, or liabilities.