Release of Liability Agreement

Release of Liability Agreement

1)  Purchaser agrees and understands that watersports activities can be HAZARDOUS.  Purchaser recognizes that injuries are a common and ordinary occurrence of watersports and related activities.  Purchaser hereby agrees to freely and EXPRESSLY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY OR DEATH while participating in watersports and related activities.

2)  I agree not to use any equipment unless I understand how to use it.  I agree to inspect the equipment before use and not to use the equipment if any parts are worn or damaged. I agree to abide by the manufacturers recommendations on the product(s) use and operation.

3)  To the fullest extent allowed by law, Purchaser AGREES TO RELEASE, INDEMNIFY AND DEFEND  the dealer, BoatTube.com, a division of JBeez, Inc.,  and its affiliates including, distributor and manufacturer of the equipment from any liability, claims, demands, actions and causes of action arising out of the use of the equipment, including, but not limited to, those injuries and damages caused by the negligence and/or breach of warranty, express or implied, on the part of the aforementioned entities.

4)  Purchaser hereby assumes the duty of inspecting and knowing the condition of the site(s) upon which the watersports and related activities will take place.

5)  Purchaser agrees that he/she has received the manufacturer’s written materials [new equipment only].

6)  Purchaser CONTRACTUALLY AGREES that any and ALL DISPUTES between myself and the dealer, BoatTube.com, a division of JBeez, Inc.,  and its affiliates including, manufacturer and distributor arising from my participation in the activities OR use of this equipment, and INCLUDING any claims for personal injury and/or death, WILL BE GOVERNED BY THE LAWS OF THE STATE AND DEALT WITH IN THE COURTS OF THE STATE in which the manufacturer resides.

7)  In the event any section of this release is found to be unenforceable, the offensive clauses will be stricken and the remaining terms shall be fully enforceable.

8)  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 dealer and the manufacturer of the equipment as a complete bar and defense against any claim, demand, action or causes of action by or on behalf of the Purchaser.  

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