13
NOTICE! - RELEASE OF LIABILITY, CLAIM WAIVER,
AND ASSUMPTION OF RISK AGREEMENT
By opening and assembling this product, you are agreeing (1) to be bound to
the terms set forth below and (2) to require anyone using this product to be
bound by such terms. If you are unwilling to be bound by these terms, return
this product (before use) for a full refund.
ASSUMPTION OF RISK:
Use of this product and any of its components involves
certain inherent risks, dangers, and hazards which can result in serious personal
injury and death. In using the product, you freely agree to assume and accept any
and all known and unknown risks of injury while using this equipment. The risks
inherent in the sport can be greatly reduced by abiding by the Warning Guidelines
listed in this Owner’s Manual and by using common sense.
RELEASE AND WAIVER OF CLAIMS AGREEMENT:
In consideration of the sale
of the product to you, you hereby agree to the fullest extent permitted by law as
follows:
TO WAIVE ANY AND ALL CLAIMS:
that you have or may in the future have
against Aquaglide, its distributors and dealers, resulting from use of this product
and any of its components.
TO RELEASE:
Aquaglide from any and all liability for any loss, damage, injury, or
expense that you or any users of this product may suffer, or that your next of kin
may suffer, as a result of the use of this product, due to any cause whatsoever,
including negligence or breach of contract on the part of Aquaglide in the design or
manufacture of this product and any of its components.
ARBITRATION:
In further consideration of the sale to you of this product and any
of its components, you hereby agree to submit to binding arbitration any and all
claims which you believe you may have against Aquaglide arising from the use of
any Aquaglide equipment or products. The arbitration shall be pursuant to the rules
of the American Arbitration Association. Arbitration shall be commenced within (1)
year from the date on which any alleged claim first arose. Further, the arbitration
shall be held in Washington unless otherwise mutually agreed to by all parties.
The submission to the American Arbitration Association shall be unlimited and the
arbitration award may be enforced by any Court of competent jurisdiction.
BINDING EFFECT OF AGREEMENT:
In the event of your death or incapacity, this
Agreement shall be effective and binding upon your heirs, next of kin, executors,
administrators, assigns, and representatives.
ENTIRE AGREEMENT:
In entering into this Agreement, you are not relying upon
any oral or written representations other than what is set forth in this agreement and
the Aquaglide Owner’s Manual.
