WARNING/LIABILITY RELEASE AND AGREEMENT NOT TO SUE

I understand and agree that skiing, ski boarding, snowboarding and other winter sports are HAZARDOUS activities, that INJURIES from various causes are an INHERENT RISK of participating in these activities, and that injuries to any or all parts of my body are a COMMON AND ORDINARY OCCURRENCE during these activities. I freely accept and ASSUME ALL RISKS OF INJURY OR DEATH that may occur while using this equipment.

I certify that the personal information (height, weight, age, skier classification, boot information, etc) I provided is correct. I understand and acknowledge Level Nine Sports, Inc will ONLY set proper release settings and test equipment when a ski boot, ski and ski binding are physically present at time of purchase. In ALL other cases it is the responsibility of the customer to ensure a professional and certified ski technician reviews and sets proper release settings and test the product before use. If there is ANY alteration or exchange of product, or inaccurate information provided before or after this process, Level Nine Sports, its agents, employees, or representatives makes no representations of the accuracy of any release settings. Furthermore, I understand and acknowledge that when release settings are set they ONLY apply to the equipment used at that time of testing and Level Nine Sports, Inc will not be held liable for the failure or incompatibility of such equipment.

ALPINE SYSTEMS: I understand and agree that alpine ski/boot/binding systems CANNOT RELEASE OR RETAIN in all situations where release or retention may prevent injury that they therefore CANNOT GUARANTEE MY SAFETY, and that undesired release or retention are inherent risks of skiing.

SNOWBOARDS AND X-C: I understand that the binding systems on snowboards, ski boards and cross-country skis are NOT INTENDED TO RELEASE in a fall or upon impact.

To the fullest extent allowed by law, I agree to RELEASE FROM LIABILITY, and to INDEMNIFY AND HOLD HARMLESS Level Nine Sports, and all other manufacturers and distributors of the equipment provided to me under this agreement, any involved winter sport area, shop or service technician, and their owners, agents, employers and employees for any injuries, damages or death related to the use of this equipment. I FURTHER AGREE NOT TO MAKE A CLAIM OR SUE FOR INJURIES OR DAMAGES RELATING TO THE USE OF THIS EQUIPMENT, whether such claim is based on NEGLIGENCE, breach of warranty, product defect or any other theory. I accept this equipment AS IS with no warranties, express or implied. These waivers and obligations extend to my heirs and assigns.

THIS DOCUMENT IS A LEGALLY BINDING CONTRACT which supersedes any other agreements or representations by or between the parties. It shall be interpreted to provide as broad and inclusive a release of liability as is legally possible, but is not intended to assert any claims or defenses which are prohibited by law. If any part of this agreement is deemed void or unenforceable, the remainder shall be given full force and effect. The specific rights of the parties under this contract may vary from state to state.

If this equipment is to be used by someone other than me, I certify that I am agreeing to it as agent, parent or legal guardian for the user and that I will provide this form and all warnings and information to the user.