Prospect Enterprise & Development Co., LLC (PEDCO, LLC)
PRODUCT PURCHASE RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISK AGREEMENT.
ASSUMPTION OF RISK/WARNING:
I am aware that operating, riding or being a passenger on a motorcycle, ATV or other power sports vehicles involve certain inherent risks, dangers and hazards which can result in serious personal injury or death.
I am aware that "equine activity" e.g. horseback riding and other equestrian sports events, including professional racing, dressage, show jumping, eventing, polo, vaulting, endurance, harness racing, and others have certain inherent risks, dangers and hazards which can result in serious personal injury or even death.
"Inherent risks of equine activities" means those dangers or conditions which are an integral part of equine activities, including, but not limited to:
(1) The propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them;
(2) The unpredictability of an equine's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals;
(3) Certain hazards such as surface and subsurface conditions;
(4) Collisions with other equines or objects; and
(5) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within the participant's ability.
"Participant" means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity.
I am also aware that the Hit-air airbag line of safety apparel sold, marketed and or distributed by PEDCO, LLC, Air-vest.com and Bikebone.com, cannot guarantee protection against injury or guarantee increased safety in all situations. I hereby freely agree to assume and accept any and all known and unknown risk of injury while using any Hit-air airbag safety apparel
As of 2001 there are 45 states with Equine Activity statues that provide that a person may not bring a lawsuit if the activity resulted from an inherent risk of equine activities, with the exception of providing defective tack or failing to match horse with rider. New York has proposed equine activity statue not yet enacted.
RELEASE AND WAIVER OF CLAIMS AGREEMENT:
In consideration of the sale to me of the listed apparel and/or equipment on my order/orders,
I hereby agree as follows:
1. TO ACCEPT FOR USE AS IS, the equipment described in this agreement from my order/orders from PEDCO, LLC, Bikebone.com and Air-vest.com;
2. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against PEDCO, LLC, Bikebone.com, Air-vest.com, Mugen Denko, LTD.
3. TO RELEASE PEDCO, LLC, Bikebone.com and Air-vest.com AND Mugen Denko 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 PEDCO, LLC, Bikebone.com and Air-vest.com AND Mugen Denko in the design, manufacture, selection, installation, maintenance or adjustment of the equipment;
ARBITRATION: in further consideration of the sale to me of the listed equipment on my order/orders, I hereby agree to submit to binding arbitration any and all claims which I may have against PEDCO, LLC, Bikebone.com and Air-vest.com AND Mugen Denko arising from any use of the listed apparel and/or equipment on my order/orders. The arbitration shall be pursuant to the rules of the American Arbitration Association. The submission to the American Arbitration Association shall be unlimited and the arbitration award may be enforced by any Court of competent jurisdiction. Arbitration shall be commenced from the date upon which any alleged claim first arose. Further, the arbitration shall be held in State of Georgia unless otherwise mutually agreed to by all the parties.
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 and in any written material provided by the manufacturer of any purchased equipment, accessory or apparel.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT I AM ACCEPTING ITS TERMS BY CONTINUING WITH THE PURCHASE OF PRODUCTS FROM THIS WEBSITE OR IN PERSON.
Warning: USE ONLY GENIUNE MUGEN DENKO REPLACEMENT CARTRIDGES