The Customer/Guardian desires to rent certain equipment and/or have equipment
assembled, adjusted and/or serviced by Buckman’s personnel as listed on the
rental contract (the “Equipment”) for use in winter sports activities (the
“Activities”). In consideration of Customer/Guardian’s right to use the
Equipment owned by Buckman’s and/or have their equipment assembled, adjusted
and/or serviced by Buckman’s personnel, the Customer/Guardian agrees as
follows:
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I, the undersigned, am the Customer and, if the Customer is under eighteen
(18) years old, I am the minor child Customer’s parent or legal guardian.
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Customer/Guardian understands that the Activities that the Customer will
be engaging in can be dangerous and that injury and/or death can result
from his/her participation; Customer/Guardian assumes all risk of injury
(including death) to Customer and to others arising out of his/her
decision to participate in the Activities.
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Customer/Guardian represents that the information supplied on the rental
contract is true and accurate and can be relied upon by Buckman’s in
selecting and/or adjusting the Equipment for Customer’s use – including,
but not limited to information related to Customer’s height, weight, age
or level of ability.
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Customer/Guardian agrees that he/she will not use any of the Equipment to
be provided to him/her during this transaction until he/she has received
instruction on its use and he/she fully understands its use and function.
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Customer/Guardian agrees that Customer will be the only person using this
Equipment.
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For rentals only, Customer/Guardian agrees to accept for use the Equipment
“AS IS”, to be responsible for the care of the Equipment during the rental
period and to accept full financial responsibility for the Equipment
while it is in my possession in the event it is lost, stolen, not returned
or returned in a damaged condition.
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Ski Bindings: Alpine ski bindings are adjusted to
accommodate the height, weight and skier ability information provided by
Customer/Guardian, in accordance with standards set by the International
Organization for Standardization. Customer/Guardian understands that in
alpine skiing, the binding system will not release at all times or under
all circumstances where release may prevent injury or death, nor is it
possible to predict every situation in which it will release. With
respect to snowboarding, cross-country skiing, Alpine skiing, snowshoeing
and other sports utilizing equipment with non-release bindings,
Customer/Guardian understands that the binding system will not ordinarily
release during use; these bindings are not designed to release as a
result of forces generated during ordinary operation.
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I agree that the binding indicator release/retention settings appearing
in the visual indicator windows on the bindings correspond to the
settings displayed on this form or the digital signature capture pad. I
understand that the ski equipment being furnished forms a part of or all
of a ski/boot/binding system which will NOT RELEASE AT ALL TIMES or under
all circumstances, and that it is not possible to predict every situation
in which it will or will not release, and that its use cannot guarantee
my safety. I further agree and understand that this ski/boot/binding
system may reduce, but does not eliminate the risks of injuries to my
lower legs. I agree and understand that this ski/boot/binding system does
NOT REDUCE THE RISK OF INJURIES TO MY KNEES or any other parts of my
body.
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Snowboards Only: I am aware that the
snowboard/boot/binding system IS NOT DESIGNED OR INTENDED TO RELEASE. As
such, I hereby freely agree to assume and accept any and all known and
unknown risks of injury while using this equipment.
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Helmets: Customer/Guardian acknowledges and agrees that
skiing and snowboarding, involve certain inherent risks, dangers and
hazards that can result in serious injury or death. While a helmet is
intended to reduce the risk of serious head injury, Customer/Guardian
acknowledges and agrees that no helmet can eliminate or eliminate this
risk or prevent injuries, including but not limited to injuries to the
head, neck and/or spinal cord.
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I acknowledge and agree that skiing, snowboarding, and other snow sliding
activities involve certain inherent risks, dangers and hazards that can
result in serious injury or death. I ACKNOWLEDGE THAT BY SIGNING THIS
DOCUMENT, I HEREBY RELEASE, DISCHARGE AND HOLD HARMLESS BUCKMAN’S INC, ITS
AGENTS AND EMPLOYEES (RELEASEES) FROM ANY AND ALL LIABILITY, REGARDLESS
OF NEGLIGENCE, OR BREACH OF CONTRACT ON THE PART OF THE RELEASEES RELATED
TO THE SELECTION, INSTALLATION, MAINTENANCE OR ADJUSTMENT OF THE EQUIPMENT
OR THE DESIGN OR MAUFACTURE OF THE EQUIPMENT BY LLC, HEAD HELMETS, ATOMIC
HELMETS, GIRO HELMETS, BURTON (R.E.D. AND ANON) HELMETS, SALOMON HELMETS,
AND SMITH HELMETS. AND THEIR RESPECTIVE AGENTS, EMPLOYEES, MEMBERS,
SPONSORS, PROMOTERS, AND AFFILIATES (COLLECTIVELY “RELEASEES”) FROM ANY
AND ALL LIABILITY, REGARDLESS OF ANY NEGLIGENCE, INCLUDING BREACH OF
CONTRACT ON THE PART OF THE “RELEASEES” IN THE DESIGN, MANUFACTURE,
SELECTION, INSTALLATION, MAINTENANCE OR ADJUSTMENT OF THE EQUIPMENT. While
I acknowledge that this helmet is intended to reduce the risk of serious
head injury, I acknowledge and agree that NO HELMET CAN ELIMINATE OR
PREVENT THIS RISK, NOR CAN A HELMET ELIMINATE OR PREVENT INJURY TO THE
NECK OR SPINAL CORD. This helmet is intended for only the following
activities: skiing, snowboarding and snow tubing. I acknowledge that no
helmet can protect the wearer from all foreseeable accidents. Depending
on the type of impact, even a low speed accident can result in serious
head injury or death.
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TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER/GUARDIAN AGREES TO WAIVE
ANY CLAIM AGAINST AND TO RELEASE AND HOLD HARMLESS BUCKMAN’S, IT’S
EMPLOYEES, OWNERS, AFFILIATES, AGENTS, OFFICERS, DIRECTORS AND THE
EQUIPMENT DESIGNERS, MANUFACTURERS, WHOLESALERS, DISTRIBUTORS AND THEIR
RESPECTIVE SUCCESSORS IN INTEREST (COLLECTIVELY “RELEASED PARTIES”), FROM
ANY AND ALL LIABILITY FOR INJURY, DEATH, PROPERTY LOSS AND/OR DAMAGE
ARISING OUT OF OR IN ANY WAY RELATED TO THE CUSTOMER’S USE OF THE
EQUIPMENT OR THE USER’S PARTICIPATION IN THE ACTIVITIES FOR WHICH THE
EQUIPMENT IS PROVIDED OR ASSEMBLED, ADJUSTED AND/OR SERVICED BY
BUCKMAN’S PERSONNEL, EVEN FOR AND WHETHER OR NOT DUE IN WHOLE OR IN PART
TO ANY ACTS, OMISSIONS, NEGLIGENCE, STRICT LIABILITY OR OTHER LIABILITY
PRODUCING CONDUCT ON THE PART OF THE RELEASED PARTIES.
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It is my intention in signing this Agreement to give up forever any and
all claims against the Released Parties for any reason relating to
Customer’s use of the Equipment.
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To the fullest extent permitted by law, Customer/Guardian also agrees to
indemnify, defend and hold harmless the Released Parties from and against
any and all liability for loss, damage, expense for which the Released
Parties may be held liable or incur by reason of injury or harm
(including death) to any person, arising out of or in any way related
to the Customer’s use of the Equipment or the user’s participation in the
Activities for which the Equipment is provided or assembled, adjusted
and/or serviced by Buckman’s personnel, even for and if caused in whole
or in part by the acts, omissions, negligence and/or strict liability of
the Released Parties.
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Customer/Guardian agrees that any and all disputes between
Customer/Guardian and Buckman’s arising from the Customer’s participation
in the Activities and use of the Equipment, including any claims for
personal injury and/or death, will be governed by the laws of the
Commonwealth of Pennsylvania and exclusive jurisdiction thereof will be
in the state court residing in where the alleged tort occurred or the
federal courts of the Eastern District of the Commonwealth of
Pennsylvania.