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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 BY LAW. 

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.