RENTAL AGREEMENT, ACKNOWLEDGEMENT OF RISKS, AND RELEASE OF LIABILITY
1. I accept for use as is the equipment listed on this form, and accept full financial responsibility for the care of the equipment while it is in my possession. I will be responsible for the replacement at full value of any equipment rented under this form, but not returned to the shop. I agree to return all rental equipment by the agreed date.
2. 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 or freedom from injury while skiing. I further agree and understand that this ski-boot-binding system does not eliminate, the risk of leg injuries; and further understand that it does NOT reduce the risk of injuries to my knees or any other parts of my body.
3. I understand that renting the Apex boot may require an adjustment to the ski and/or ski binding system for the ski and ski binding system to work properly. I acknowledge that Apex does not provide any advice or make any adjustments to any ski or ski binding system. Any or all such binding adjustments should be done by a Certified Binding Technician at a reputable ski retailer.
4. I understand that the sport of skiing, snowboarding, skiboarding and other recreational activities involve inherent and other risks of INJURY and/or DEATH. I voluntarily agree to expressly assume all risks of injury or death that may result from skiing/snowboarding use, or which relate in any way to, or arising out of the use of this equipment.
5. I AGREE TO RELEASE Apex Sports Group, LLC, its employees, owners, affiliates, agents, officers, directors, and the manufacturers and distributors of this equipment (collectively “PROVIDERS”) from all liability for injury, death, property loss and damage which results from the equipment user’s participation in the sport of skiing/snowboarding/skiboard use, or is any way related to, or arising out of the use of the equipment, including all liability which results from the NEGLIGENCE of PROVIDERS, to any degree, or any other person or cause. Furthermore, I agree to hold Apex Sports Group, LLC, harmless from any defects, malfunctions, improper adjustments, and any issues whatsoever that arise from the ski binding system.
6. I further agree to defend and indemnify PROVIDERS for any loss, including, but not limited to “attorney’s fees and costs and any legal costs or any other costs,” damage, that results from claims or lawsuits for personal injury, death, and property loss and damage related in any way to the use of, related to, and/or arising out of this equipment.
7. I hereby agree to accept the terms and conditions of this contract. If any section or provision of this document is deemed to be invalid, the remaining sections and provisions will be given their full legal effect. This document constitutes the final and entire agreement between Apex Sports Group LLC and the undersigned. Furthermore, I CONTRACTUALLY AGREE that any and ALL disputes between myself and Apex Sports Group, LLC, 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 federal courts of the state of Colorado.
I, THE UNDERSIGNED, HAVE CAREFULLY READ AND UNDERSTAND THIS EQUIPMENT RENTAL AGREEMENT AND RELEASE OF LIABILITY. IF SKIER IS A MINOR, PARENT OR GUARDIAN MUST SIGN.
PARENT/GUARDIAN: If skier is a minor, I verify that I am the parent or guardian of the minor, and I have authority to enter this agreement on behalf of the skier and I and the minor agree to be bound by the terms and conditions of this agreement.