Ski Deals Terms and Conditions
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISK AGREEMENT (“AGREEMENT”)
AGREEMENT: By checking the “I Accept” box, Renter (or Renter’s parent or legal guardian [hereinafter “Parent”] on Renter’s behalf if Renter is under the age of majority in his/her primary state of residence [hereinafter “Minor”]) agrees to be bound by this Agreement, which is final and binding in all respects.
DEFINITIONS: “Activities” are the winter sports activities Renter engages in while using the Equipment, including without limitation, skiing, snowboard, sledding and snowshoeing. “Equipment” is the items of skiing, snowboarding and/or snowshoeing equipment that Renter rents from the independent equipment rental services provider through the online equipment reservation process made available to Renter by RedAwning. “RedAwning” is RedAwning.com, Inc. and its and its shareholders, officers, directors, employees, agents and representatives. “Renter” is the individual entering into this Agreement, including without limitation, a Parent entering into this Agreement on behalf of a Minor(s).
ASSUMPTION OF RISK: Renter acknowledges and understands that the Activities involve certain inherent risks, dangers and hazards that can result in serious personal injury or death. Renter is also aware that certain Equipment systems, such as snowboard and snowshoe boot/binding systems, ARE NOT DESIGNED OR INTENDED TO RELEASE. And Renter further acknowledges and understands that the risks inherent in the Activities can be greatly reduced by taking lessons, limiting Activities to those within Renter’s technical and physical limitations, abiding by the slope safety responsibility code known as “Your Responsibility Code” ( www.nsp.org/slopesafety/respcode.aspx) and using common sense. Renter hereby freely agrees to assume and accept any and all known and unknown risks, including without limitation, personal injury and death, while using the Equipment and the Activities.
REPRESENTATIONS, WARRANTIES, DISCLAIMERS, RELEASES & INDEMNITY: REDAWNING MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE EQUIPMENT AND THE ACTIVITIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE EQUIPMENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND REDAWNING HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT.
BY ENTERING, RENTER, INDIVIDUALLY AND ON BEHALF OF HIS/HER AGENTS, ASSIGNEES, EXECUTORS, PERSONAL REPRESENTATIVES, MINOR(S), MARITAL COMMUNITIES AND SUCCESSORS AGREE TO INDEMNIFY, DEFEND, HOLD HARMLESS AND FULLY RELEASE AND FOREVER DISCHARGE REDAWNING FROM AND AGAINST ANY AND ALL LIABILITIES, COSTS, CLAIMS, ALLEGED CLAIMS, DEMANDS, DUTIES, RIGHTS, AGREEMENTS, PROMISES, DAMAGES, INJURIES, LOSSES, EXPENSES, LIENS AND ACTIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, WHETHER NOW KNOWN OR UNKNOWN, UNFORESEEN OR FORESEEN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH, DIRECTLY OR INDIRECTLY, USE OF THE EQUIPMENT AND THE ACTIVITIES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, LOSS OF ENJOYMENT, OR OTHER HARM OR LOSS OF ANY NATURE WHATSOEVER CAUSED OR CONTRIBUTED TO BY OR ARISING OUT OF USE OF THE EQUIPMENT AND THE ACTIVITIES, OR ANY PART OR PORTION THEREOF. IF ANY PROVISION OF THIS AGREEMENT IS DETERMINED TO BE INVALID OR UNENFORCEABLE, THIS AGREEMENT SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH ITS TERMS AS IF THE INVALID OR UNENFORCEABLE PROVISION WERE NOT CONTAINED HEREIN.
RENTER ACKNOWLEDGES THAT THERE IS A POSSIBILITY THAT SUBSEQUENT TO ENTERING INTO THIS AGREEMENT AND AGREEING TO ITS TERMS, RENTER WILL DISCOVER FACTS OR INCUR OR SUFFER CLAIMS THAT WERE UNKNOWN OR UNSUSPECTED AT THE TIME RENTER AGREED TO THE TERMS OF THIS AGREEMENT, AND THAT IF KNOWN AT THAT TIME MAY HAVE MATERIALLY AFFECTED RENTER’S DECISION TO AGREE TO THE TERMS OF THIS AGREEMENT. BY ENTERING THIS AGREEMENT, RENTER ACKNOWLEDGES AND AGREES THAT BY REASON OF THIS AGREEMENT, AND THE RELEASES CONTAINED IN THE PRECEDING PARAGRAPHS, RENTER ASSUMES ANY RISK OF SUCH UNKNOWN FACTS AND SUCH UNKNOWN AND UNSUSPECTED CLAIMS.
Renter understands and agrees that all rights under Section 1542 of the California Civil Code (“Code”) and any similar law of any city, state or territory of the United States are hereby expressly waived. The Code reads as follows:
1542 CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASES. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
BINDING EFFECT OF AGREEMENT: In the event of Renter’s death or incapacity, this Agreement shall be effective and binding upon Renter’s heirs, marital community, executors, administrators, assigns and representatives.
ENTIRE AGREEMENT: In entering into this Agreement, I am not relying upon any oral or written representation other than what is set forth in the Agreement.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND ACKNOWLEDGE THAT BY ENTERING INTO THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE REDAWNING.