This is a Release or Waiver of Liability and Assumption of Risk Agreement.
Genuine Guide Gear, its employees, agents, directors, officers, sponsors, advertisers, volunteers, contractors and subrogors (hereinafter G3) hope that you have a rewarding experience. We wish to inform our backcountry skiing and the equipment used, (hereinafter Backcountry Skiing) are not risk free. The same elements that contribute to the unique character and fun of Backcountry Skiing such as the physical exertion or the settings can cause loss or damage to equipment, injury, illness, or in extreme cases, permanent trauma, or death. We do not want to heighten or reduce your enthusiasm for the experience, but we do want you to know in advance what to expect, and to be informed of the possible risks. We ask that you read this, sign it, and return it to our office.
ACKNOWLEDGEMENT of and EXPRESS ASSUMPTION of the RISK
There are risks that accompany all aspects of life as well as Backcountry Skiing. Some of these risks are inherent in the activity; some are changed, increased or decreased due to the activities of G3, backcountry skiing, your equipment and/or skill and experience level. You must understand and accept all the risks of the activity, inherent and others.
With your purchase, you may have your bindings mounted on your skis. The equipment and services provided to you for skiing and backcountry use are provided on an “As Is” basis. G3 makes no representations and extends no warranties, guarantees or conditions of any kind, whether express or implied, with respect to the Skis, Bindings or mounting.
Purchaser is aware that using the Skis and Bindings involves risks, dangers and hazards in addition to those normally associated with the backcountry, telemark, and alpine activities for which they are intended. These may include, but are not limited to: the failure of skis, bindings or other equipment to perform in accordance with their specifications or your expectations; increased risks arising from the design, construction or maintenance of the equipment; bindings that release, or do not release, in a manner that fails to prevent injury or death; failure to configure equipment in accordance with your intended or actual use or specific circumstances; failure to use or receive the Skis and Bindings safely, within your ability, or in a manner that fails to prevent injury or death due to lack of familiarity with the Skis, Bindings or other equipment, exposure to unfamiliar activities or circumstances, or otherwise; the negligence of other skiers or participants in such activities; and NEGLIGENCE on the part of G3, including the failure of G3 to safeguard or protect me from the risks, dangers and hazards associated with the skis and bindings.
There is a risk of Backcountry Skiing include hitting trees and other objects, both visible and hidden. You can sustain finger, hand and wrist injuries from your poles being snagged. Broken equipment can mean difficulty getting back to safety or forced bivouacs. Snow covered landmarks make navigation difficult. Snowstorms, blizzards or “whiteouts” make movement difficult if not impossible and navigation impossible.
Avalanches are a risk on any slope, inbounds, out of bounds on natural or man-made snow.
Purchaser is Aware of the Risks, Dangers and Hazards associated with the Skis and Bindings, and freely Accepts and fully Assumes all such Risks, Dangers and Hazards and the possibility of Personal Injury, Death, Property Damage or Loss Resulting Therefrom.
Purchaser understands that no ski binding, AT, Alpine, Telemark or Backcountry is guaranteed to release every time or will not pre-release.
Purchaser understands and agrees that although the bindings have been mounted on the skis, this does not imply that they have been adjusted and does not imply that they are ready for use. Bindings must be adjusted with your boot before use. Purchaser understands and agrees that ski bindings MUST be professionally adjusted by a ski technician prior to use. Purchaser understand and agree that having the bindings mounted to the skis is separate from having the bindings adjusted to Purchasers boots and adjusted according to Purchasers skier information.
Purchaser understand and agree that mounting the bindings to the skis makes the ski sale final and excludes the skis and bindings from our standard return & exchange policy. Purchaser understands that skis will be mounted at the manufacturers recommended position/line on the ski unless you specifically request otherwise - contact us if unsure of how you want y our bindings mounted.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY
Purchaser agrees to Waive Any, and All Claims that Purchaser has or may have in the future against G3 and to release the G3 from any and all liability for any loss, damage, expense or property damage or personal injury, including death that Purchaser may suffer or that any next of kin may suffer arising from using or receiving the Skis and Bindings, due to any cause whatsoever, including Negligence, Breach of Contract, or Breach of any Statutory or other Duty of Care, on the part of the G3, and including the failure on the part of the G3 to safeguard or protect me from the risks, dangers and hazards of using or receiving the skis and bindings referred to above.
Purchaser agree to Hold Harmless and Indemnify G3 from any and all liability for any loss, damage, expense or property damage or personal injury, including death to any third party arising from using or receiving the Skis and Bindings. Purchaser will not provide the Skis and Bindings to any other person and indemnify the G3 for all liability for any loss, damage, or expenses or injury, including death arising in connection with a contravention by me of the foregoing.
Purchaser agrees to inspect all equipment before use, familiarize him or herself with its limitations and capabilities, and to not use and return immediately any equipment Purchaser believes to be damaged or defective. To accept full responsibility for the care of the equipment and be responsible for the replacement at full retail value of such equipment damaged or not returned. Purchaser agrees to read and understand the information supplied with the G3 equipment and to refer to the information provided on the G3 website at https://genuineguidegear.com/.
This Agreement shall be effective and binding upon Purchasers heirs, next of kin, executors, administrators, assigns and representatives, in the event of Purchasers death or incapacity. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction. Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
Any provision of this Agreement that is prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions.
In entering into this Agreement, Purchaser is not relying on any oral or written representations or statements made by the G3 with respect to the Skis and Bindings, other than what is set out in this Agreement.
PURCHASER CONFIRMS THAT THEY HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND THEY AWARE THAT BY SIGNING THIS AGREEMENT, THEY ARE WAIVING CERTAIN LEGAL RIGHTS WHICH THEY OR THEIR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST G3.
(Please print a copy of this document for your records. Another will be printed for our records.)