Used Equipment Release of Liability
PLEASE READ CAREFULLY BEFORE
COMPLETING YOUR PURCHASE. THIS IS A RELEASE OF LIABILITY AND
WAIVER OF CERTAIN LEGAL RIGHTS.
1. The purchaser, being at least 18 years old or that if he/she
is younger than 18 years of age, is supervised by a parent or guardian
who has read and agreed to the following release (hereinafter referred
to collectively as "I").
2. In consideration of being allowed to purchase this used
equipment from Mile High Athletic, Inc. (doing business as Powder7.com) I hereby agree and understand
that I am buying it in "as is" condition and that there are no implied
or express warranties whatsoever with respect to this equipment.
I agree to freely and expressly assume and accept any and all risks of
use of this equipment including those risks which may be caused by
defect in the equipment.
3. Further, I hereby hold harmless, release, indemnify and agree
to defend Mile High Athletic, Inc, its subsidiaries and affiliates,
their respective officers, directors, agents, servants and employees
(hereinafter referred to as "Shop"), of and from any liability claims,
demands, actions and causes of action whatsoever arising out of related
to any loss, damage or injury, including death, that may be sustained
by me while using this equipment including, but not limited to, those
injuries caused by the negligence and/or breach of warranty, express or
implied, on the part of the aforementioned Shop.
4. By execution of this release the Shop shall be indemnified for
any injury to other person(s) or property which I may cause as a result
of using this equipment.
5. I agree that I have visually inspected the equipment before
using it and did not see any problems with the equipment prior to usage.
6. I further agree to assume full responsibility for maintenance
and/or adjustment of the equipment by a certified binding technician prior to usage.
7. I CONTRACTUALLY AGREE that any and ALL DISPUTES between myself
and the Shop arising from my purchase of this equipment, and INCLUDING
any claims for personal injury and /or death, WILL BE GOVERNED BY THE
LAWS OF THE STATE OF COLORADO and EXCLUSIVE JURISDICTION thereof will
be in the state court residing in the county where the alleged tort
occurred or the federal courts of the State of Colorado.
8. IN THE EVENT ANY SECTION OF THIS RELEASE IS FOUND TO BE
UNENFORCEABLE, THE REMAINING TERMS SHALL BE FULLY ENFORCEABLE.
9. THIS RELEASE SHALL BE BINDING TO THE FULLEST EXTENT PERMITTED
10. This Release shall be binding upon my assignees, subrogors,
distributees, heirs, next-of-kin, executors, personal representatives,
and administrators and may be pled by the Shop as a complete bar and
defense agains any claim, demand, action or causes of action by or on
behalf of the Purchaser.
I/WE HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND
ITS CONTENTS AND BY CONTINUING THE PURCHASE AGREE THAT I/WE UNDERSTAND
IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.