LIABILITY WAIVER & INDEMNIFICATION AGREEMENT
You must read and agree to this waiver and release of liability disclaimer and indemnification before purchasing our products or services. Furthermore, you must read the instructions and install our products according to the instructions which have been provided to you for your safety. Our products, including the Versa Paddle, Gamut Paddle Holder, Mounts, Outriggers, Kayak Carts, Roof Racks and Accessories, will not work correctly if you fail to install them as instructed. Failure to install them as instructed may result in severe injury or death, including drowning. Angle Oar LLC will not be liable for any injuries resulting from your failure to follow the instructions.
Any conversation, communication or consultation provided to the BUYER from ANGLE OAR, LLC or its representatives, including but not limited to Meg McCall, Cathy Webster and the Northeast Disabled Athletic Association, regarding recommended adaptive equipment, whether informal or part of ANGLE OAR, LLC purchased services, shall not be construed as medical, safety or kayaking advice. The BUYER is responsible for any decisions regarding use of adaptive or other kayaking equipment.
The BUYER acknowledges that there is inherent risk in participating in kayaking, water sports and their associated activities (“ACTIVITIES”) which can be hazardous and involve the risk of physical injury and/or death. The dangers and risks of the ACTIVITIES include, but are not limited to, the condition of the premises and equipment, the weather, and the acts, omissions, representations, carelessness, and negligence of the RELEASED PARTIES. Recognizing the risks and dangers, the BUYER voluntarily chooses to participate in the ACTIVITIES and expressly assumes all risks and dangers of the participation in the activity, whether or not described above, known or unknown, inherent, or otherwise.
1. In consideration of the purchase and receipt of products or services sold, distributed or resold by ANGLE OAR, including but not limited to the VERSA, GAMUT, KAYAK CARTS, ROOF RACKS, OUTRIGGERS, CONSULTATIONS or any other ANGLE OAR PRODUCTS, by ME, the BUYER, I hereby agree to fully and forever release and discharge, personally and on behalf of my successors and assigns, ANGLE OAR, LLC, as well as any agent; employee; partner; representative, including Cathy Webster or Northeast Disabled Athletic Association; dealer, including RailblazaUSA, YakGear, Wave Armor, Abilities in Motion, RAM Mounts, Yak Attack; subsidiary; parent corporation; successor corporation; assign and insurer of ANGLE OAR, LLC ("RELEASED PARTIES"), from any and all liability for bodily injury, death or property damage resulting from any use or misuse of the these products or services, any claims of personal injury and all costs and expenses, including attorney fees, related to such personal injury.
2. This DISCLAIMER OF LIABILITY fully extinguishes any and all of MY claims, including but not limited to claims for: compensatory damages; pecuniary damages; punitive damages; statutory damages; costs and fees, as well as attorney's fees that relate to the use or misuse of VERSA, GAMUT, KAYAK CART, ROOF RACKS, OUTRIGGERS or any ANGLE OAR PRODUCT or SERVICE.
3. I, the BUYER, understand that by agreeing to this DISCLAIMER OF LIABILITY, that I, the BUYER, have waived any right to make any claim against any individual and/or entity, including RELEASED PARTIES, for any injuries and/or damages, including but not limited to claims for bodily injury, medical expenses and property damage as a result of the use or misuse of VERSA, GAMUT, KAYAK CARTS, ROOF RACKS, OUTRIGGERS or any ANGLE OAR PRODUCT or SERVICE even if later I, the BUYER, become dissatisfied with the CONSIDERATION and/or TERMS of this DISCLAIMER OF LIABILITY.
4. INDEMNIFICATION/HOLD HARMLESS. I, the BUYER, shall defend, indemnify and hold ANGLE OAR, LLC and its Indemnitees harmless from and against any and all claims, actions, judgments, damages, expenses (including attorneys’ fees), losses or liabilities incurred by or asserted against ANGLE OAR, LLC or any of its Indemnitees of every kind and nature, including but not limited, injuries or death to persons and damage to property, arising out of the use, maintenance, instruction, operation, possession, ownership or rental of the equipment rented, however caused, except claims or litigation arising through the sole negligence or willful misconduct of quality.
5. With full knowledge and understanding of the contents of this DISCLAIMER OF LIABILITY, I, the BUYER, voluntarily agree to this DISCLAIMER OF LIABILITY and do so without having relied upon any statement or representation by RELEASED PARTIES, or anyone retained by the ANGLE OAR, LLC.
6. I, the BUYER, have read this DISCLAIMER OF LIABILITY, and agree to all the TERMS set forth in this DISCLAIMER OF LIABILITY, and that all the TERMS of this DISCLAIMER OF LIABILITY have been fully disclosed to me.
Purchase, installation and/or use of these products constitutes acceptance of all terms of waiver of liability.