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NAISHKITES.COM
I - Releases & Agreements
RELEASE OF LIABILITY, CLAIM WAIVER AND ASSUMPTION OF RISK AGREEMENT
RELEASE AND WAIVER OF CLAIMS AGREEMENT
In consideration of your use of this product, you hereby agree to the following, to the fullest extent permitted by law:
To waive any and all claims that you have or may have in the future against Naish International, a division of Nalu
Kai Incorporated, or any of its agents, resulting from use of this product and any of its components.
To release Naish International, a division of Nalu Kai Incorporated, or any of its agents 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 Naish International, a division of Nalu Kai Incorporated, or any of its agents, in the design
or manufacture of this product.
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 Naish International, a division
of Nalu Kai Incorporated, or any of its agents, arising from the use of any of the Naish International/Nalu Kai
Incorporated equipment. The arbitration shall be pursuant to the rules of the American Arbitration Association.
Arbitration shall be commenced within one (1) year from the date on which any alleged claim first arose. Further,
the arbitration shall be held in Maui, Hawaii unless otherwise mutually agreed to by all parties. The submission to
the American Arbitration Association shall be limited 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 User’s Guide.
BY INFLATING THE LEADING EDGE AND ASSEMBLING THIS PRODUCT, YOU ARE AGREEING TO:
1) be bound to the terms set forth below and 2) 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 this 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 Warnings and Guidelines listed in this User’s Guide and by using common sense.
