Please read the following very carefully before placing your order:
Splitboarding, skiing, skinning and backcountry snowboarding and skiing (the "Activity") are inherently dangerous sports, with many inherent and non inherent risks with potential for injury and death. Phantom stresses the importance of education, proficiency with your equipment, self-reliance, and proper preparation in order to minimize these risks. It is the Customer's responsibility to educate themselves on safe backcountry travel practices as they to the Activities, such as taking an avalanche safety course.
It is fully the Customer's responsibility to read the instructions provided with the equipment and learn the proper setup and use of the equipment. It is recommended that the Customer tests and verifies that their equipment is setup correctly prior to use.
It is fully the responsibility of the Customer to maintain and frequently visually inspect the equipment for any defects, wear and damage prior to its use.
"Customer" means the adult, being at least 18 years old, who is accepting these terms on behalf of him/herself and as a result of his/her purchase of the Phantom equipment ("equipment") or on behalf of a minor and/or other adult who will be using the equipment. "Minor" means the minor for which the equipment is purchased and who will be using the equipment.
Please read each item below and understand them prior to accepting this Liability Waiver. You can reach out to firstname.lastname@example.org with any questions or concerns.
1) Risks - The Activity can be extremely dangerous. There are numerous inherent and noninherent risks and dangers involved with the Activity, including but not limited to; falling; equipment failure, malfunction or misuse; improper binding settings, set up and mounting; use of any purchased equipment; slick or uneven surfaces; surface and subsurface snow conditions; avalanches; cornices; moguls; jumps; ice; variations in terrain; downed timber and other forest growth; tree stumps and wells; rocks and debris; marked and unmarked ; collisions; lift loading and unloading and riding; adverse and changing weather; actual or alleged transmission of communicable or infectious disease including, but not limited to COVID-19 , and limited access to and/or delay of medical attention. Customer further understands and accepts that snowboard and splitboard binding systems are not designed to release and may increase the risk of serious injury and/or death. Customer acknowledges that the description of the dangers and risks listed above is not complete and that participating in the Activity may be dangerous and may include other risks, including, but not limited to the acts, omissions, representations, carelessness, and negligence of Phantom Snow Industries, LLC, its owners, employees, affiliates, distributors, suppliers, and contractors ("Released Parties").
2) Hold Harmless and Indemnify - By signing this Liability Waiver, Customer agrees to
- Assume any and all risks of injury or death to Customer resulting from participating in the Activity;
- Waive, release and agree not to sue or file any actions or claims, which Customer may have ever had, or hereafter shall have, against Released Parties that are based on, arise or result from, in whole or in part, participation in the Activity, and/or the purchase and use of the equipment including, but not limited to negligence, breach of contract, or breach of warranty.
- Indemnify, defend and hold harmless the Released Parties from and against any liability or damage of any kind and from any suits, claims, or demands, including attorney fees, legal fees, and expenses wether or not in litigation, arising out of, or related to, Customer's participation in the Activity, and/or purchase and use of the equipment
3) Undersigned - By signing and accepting this Liability Waiver, Customer is representing that they are over the age of 18 years or the legal guardian or parent of the Minor or have express authority and permission to accept this Liability Waiver on behalf of another adult, and by doing so agrees to be personally liable for any claims brought by any other user of the Equipment.
4) Applicability, Law and Venue - This agreement will apply for every day Customer engages in the Activity until a new release of liability and waiver is executed by or on behalf of Customer. All claims arising from or related to any Activity by Customer, including for injury to person or property, and/or death shall be governed by Colorado law, without regard to conflicts of law principles, and that exclusive jurisdiction shall be in the Colorado state court in the county in which the injury occurred, or in the United States District Court , District of Colorado.
5) Severability - This agreement shall be binding to the fullest extent permitted by law. If any provision of this agreement is found to be unenforceable, the remaining terms shall be enforceable to the full extent permitted by law. This agreement shall be binding upon Customer's assignees , subrogors, distributors, heirs, next of kin, executors and personal representatives.
I HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS AND ACCEPT IT, ON BEHALF OF MYSELF AND CUSTOMER WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE BY AGREEING AND/OR I ACCEPT IT BY USE OF THE ACTIVITIES.