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The activities that
Liquid Moon Sports speak of, sell product for, and are associated with
are inherently dangerous. In no way is our site or any information we
provide through our website or catalog intended as instruction for our
associated activities. Liquid Moon Sports recommends that all persons
participating in our associated activities seek professional instruction
before using any clothing or equipment purchased from us, or anybody else.
Liquid Moon Sports is only providing an on-line store, store catalog,
and information/services about products and activities. In no way is this
information suitable for educating users. We provide Professional Instruction
for specific activities. This instruction however is separate from our
website and mail order catalog. The activities we are associated with
may lead to serious injury or death. You are assuming all liability when
participating in these activities.
(Read
& Accept for purchase of Sports Gear, Paddling gear and/or Longboards)
Equipment Purchase
Release of Liability, Waiver of Claims, Assumption of Risk and Warning
Agreement.
By accepting this
agreement, you are entering into a contract, therein you may be waiving
certain legal rights, including the right to sue.
To: Liquid Moon Sports,
and their owners, employees, and/or representatives.
ASSUMPTION OF RISK:
I am aware that these activities involves certain inherent risks, dangers
and hazards which can result in serious personal injury or death. I am
also aware that Longboards and Paddling Gear are inherently dangerous.
I hereby freely agree
to assume and accept any and all known and unknown risks of injury while
using this equipment. I further recognize and acknowledge that the risks
inherent in the sports of paddling and longboarding can be greatly reduced
by: taking lessons and using common sense.
RELEASE AND WAIVER
OF CLAIMS AGREEMENT: In
consideration of the sale to me of this equipment, I hereby agree to the
fullest extent permitted by the law, as follows:
1. TO WAIVE ANY AND
ALL CLAIMS that I have or may in the future have against Liquid Moon Sports
resulting from use of the paddling or longboarding equipment.
2. TO RELEASE Liquid
Moon Sports from any and all liability of any loss, damage, injury or
expense that I may suffer, or that my next of kin may suffer, as a result
of my use of the equipment purchased with this order, due to any cause
what so ever, including negligence or breach of contract on the part of
Liquid Moon Sports in the design, manufacture, selection, installation,
maintenance or adjustment of the equipment.
Arbitration: In further
consideration of the sale to me of this equipment, I hereby agree to submit
to binding arbitration any and all claims which I believe I may have against
Liquid Moon Sports arising from any use of the paddling or longboard equipment.
Arbitration shall be pursuant to the rules of the American Arbitration
Association. The arbitrators shall apply the Federal Rules of Evidence
to all arbitration proceedings.
Arbitration shall
commenced within (1) year from the date on which any alleged claim first
arose. Further, the arbitration shall be held in Surry County, NC
unless otherwise mutually agreed to by all the parties. The submission
to the American Arbitration Association shall be unlimited and the arbitration
award may be enforced by any Court of competent jurisdiction.
BINDING EFFECT OF
AGREEMENT: In the event of my death or incapacity, this Agreement shall
be effective and binding upon my heirs, next of kin, 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 this Agreement.
I HAVE READ AND UNDERSTAND
THIS AGREEMENT AND I AM AWARE THAT BY ACCEPTING THIS AGREEMENT, I AM WAIVING
CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE ANY ONE IN THE DISTRIBUTION
CHAIN.
If under 18 years
of age must be accepted by parent or guardian.
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