Sales Agreement and Release of Liability
Sale of any equipment on this web site is expressly conditioned on your (or, if you are a minor child, your parent of legal guardian's) agreement to the following terms and conditions. You (or your parent or legal guardian) are required to read the following before ordering.
RETAIL SKATEBOARD EQUIPMENT, PURCHASE, RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISK AGREEMENT
By ordering from this web site you are entering into a contract wherein you may be waiving certain legal rights, including the right to sue.
TO: Rocky Mountain Country, Inc. d.b.a. Hot Spot ("Retailer"), and their owners, officers, directors, agents, employees, and/or representatives:
ASSUMPTION OF RISK: I am aware that skateboarding and snowboarding involve certain inherent risks, dangers and hazards which can result in serious personal injury or death. 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 sport of skateboarding and snowboarding can be greatly reduced by properly maintaining your equipment, not using drugs or alcohol, taking lessons, not going beyond the limits of your abilities and using common sense.
RELEASE AND WAIVER OF CLAIMS AGREEMENT: In consideration of the sale to me of the skateboarding and/or snowboarding equipment, I hereby agree to the fullest extent permitted by law, as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against Retailer resulting from use of the skateboarding and/or snowboarding equipment.
2. TO RELEASE Retailer from any and all liability for 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 described in this Agreement, due to any cause whatsoever, including negligence or breach of contract on the part of Retailer in the design, manufacture, selection, installation, maintenance or adjustment of the equipment;
ARBITRATION: In further consideration of the sale to me of the skateboarding and/or snowboarding equipment, I hereby agree to submit to binding arbitration any and all claims which I believe I may have against Retailer arising from any use of the skateboarding and/or snowboarding 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 be commenced within one (1) year from the date on which any alleged claim first arose. Further, the arbitration shall be held in Anoka, Minnesota 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 representations other than what is set forth in this Agreement.