Release, Waiver of Liability, and Assumption of Risk Agreement

Release, Waiver of Liability, Assumption of Risk and Product Safety Warning
Agreement Regarding Sports Related Protection Product

This Release, Waiver of Liability, and Assumption of Risk Agreement is given this the by the undersigned Purchaser in favor of , a corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as Seller.

As a condition to the receipt and use of any (describe Product) , hereinafter called Product, whether described as new, used or as described by any other word or phrase, in activities or events or sports, at each and every instant now and in the future, the undersigned Purchaser for myself and/or on behalf of my personal representatives, heirs, spouse, guardians, legal representatives, executors, administrators, successors, assigns and next of kin agree to the following:

1. Product Safety Warnings

The undersigned Purchaser does hereby agree and acknowledge that Purchaser shall become intimately familiar with, and shall carefully read all warning labels and tags and instructions, along with the written terms and conditions of the sale/purchase prior to completion of the sale/purchase of any Product or associated accessories. Purchaser affirmatively represent and agree that Purchaser has been fully and completely informed about the Product and safety hazards as well as the risks and dangers associated with the use thereof. Purchaser has been provided complete and full information about the proper use, implementation, and maintenance of the Product and/or associated accessories. Purchaser acknowledges that he has been given ample time and opportunity to review and evaluate the Product and all accompanying materials and documentation. Purchaser also acknowledge that copies of this Agreement and all other documentation accompanying the Product and/or associated accessories have been offered to Purchaser and are available to Purchaser for the personal review by Purchaser on Purchaser’s own time. Purchaser agrees and understands that no information or documentation or materials provided in connection with a Product or associated accessories is intended to be a promise, guarantee or warranty of my safety or well-being. Purchaser further understands that no Product can protect me from all risk or injury or death or property. The subject Product and/or associated accessories will not and cannot protect me from injury or damage under all circumstances, and I acknowledge that it is not possible to predict every possible situation and risk and danger associated with use of the Product and/or accessories in any particular activity or event or sport.

2. Waive and Release

The undersigned Purchaser hereby releases, waives, and discharges Seller and each its officers, directors, managing agents, and employees, hereinafter called Releasees, from all liability for all loss or demand and every claim or cause of action of any kind, including based on a contract or breach of warranty or the negligence of the Releasees or otherwise, arising out of or related to this Agreement or its enforcement or Purchaser’s use of any Product. This Agreement encompasses liability for all bodily injury, death or property damage arising out of or related to such use.

3. No Warranty or Representation

Purchaser agrees and understands that Releasees make no warranty or representation of any kind as to the merchantability or fitness for any purpose as to any Product or associated accessories, and further agrees and acknowledges that the presence or absence of any certification, for any reason (including the age or condition of a Product or accessory), and the participation or non-participation of the undersigned Purchaser in any certification process, will and does not change any provisions of this Agreement or their enforcement. Releasees have made no statements or opinions or evaluations as to the potential effectiveness or performance in connection with Purchaser’s use of Product or associated accessories in any particular circumstance or situation.

4. Express Assumption of Risk

The undersigned Purchaser hereby acknowledges that using Product or associated accessories and the activities and events and sports in which they are used, are extremely dangerous and can result in serious injury, death, or property damage. This Agreement constitutes an express and contractual assumption of all risks and dangers associated with the aforementioned use, activities, sports and events. Purchaser agrees and understand that any Product or associated accessories are intended for use in activities that are inherently dangerous and risky and the undersigned Purchaser does hereby voluntarily use said Product or accessories with knowledge of those inherent dangers and risks. The undersigned Purchaser also understands and agrees that using Product or associated accessories does not eliminate, alter, or marginalize the inherent risks and dangers.

5. Unknown Risks or Dangers

The undersigned Purchaser understands and agrees that there may be undefined and presently unknown risks and dangers associated with use of Product or associated accessories and the undersigned Purchaser expressly assumes said risks and dangers and acknowledges and agrees that there may be significant and substantial risks and dangers associated with or arising out of the improper, uninformed and/or non-complying use of Product or associated accessories. It is the responsibility of the undersigned Purchaser to become familiar with the Product and its proper use, operation, implementation,, and maintenance, and the undersigned Purchaser assumes the risks and dangers related thereto. The undersigned Purchaser agrees & acknowledges that any Product or associated accessories must be installed, used and maintained as described in the manufacturer's instructions, as may be revised from time to time. The undersigned Purchaser understands that instructions will accompany the Product and that the undersigned Purchaser should contact Releasees should Purchaser have any doubt or questions about said instructions.

6. Indemnity

Purchaser hereby acknowledges and agrees that the Releasees are acting in reliance upon this Agreement and the rights, obligations, and limitations set forth herein, without which no sale or transfer of Product or associated accessories would occur. Purchaser agrees to defend, indemnify and hold Releasees harmless from any liability, including court costs and attorney fees, arising out of or related to this Agreement or its enforcement or the use by Purchaser of Product or associated accessories.

7.

Purchaser hereby accept all terms set forth herein and acknowledges this is the complete Agreement between the parties regarding these issues and that no oral representations, statements or inducements have been made apart from this Agreement. If any portion of this Agreement is held to be invalid or overly broad, the entire Agreement will not be invalidated; rather, the remainder of the terms and conditions of the Agreement shall be enforced and the Agreement will be deemed modified so as to be applied to the fullest extent permitted by applicable law.

8. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

9. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective mailing address of each party.

10. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

11.

In this contract, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

WITNESS our signatures as of the day and date first above stated.