I accept full financial responsibility for the equipment listed on this form. I promise to return it clean and undamaged by the agreed time and date, and if I fail to do so, I will pay for its repair, cleaning or replacement at the full retail rate, as determined by the shop, as well as for the full rental value of any additional days.

WARNING, ASSUMPTION of RISK, LIABILITY RELEASE, INDEMNITY and HOLD HARMLESS AGREEMENT and AGREEMENT NOT TO SUE. PLEASE READ CAREFULLY BEFORE SIGNING

1. By purchasing rental equipment from Wilderness Exchange Unlimited Co., the purchaser (user) understands that there are INHERENT AND OTHER RISKS involved in the activities for which this equipment listed on the reverse, which I am renting is to be used. I freely and voluntarily assume those risks, INCLUDING THE RISK OF SERIOUS INJURY OR DEATH. By purchasing rental equipment from Wilderness Exchange Unlimited Co., the purchaser (user) agrees to be the sole user of this equipment.

2. By purchasing rental equipment from Wilderness Exchange Unlimited Co. and to the fullest extent allowed by law, the purchaser (user) agrees to RELEASE, HOLD HARMLESS AND INDEMNIFY WILDERNESS EXCHANGE UNLIMITED CO., the manufacturers and distributors of this equipment, and their owners, agents and employees from any and all liability for injuries or damages to the user of this equipment or to any other person or property resulting from the use of this equipment. I agree NOT TO SUE or make a claim against Wilderness Exchange Unlimited Co., or the manufacturers of this equipment for injuries or damages relating to the use of this equipment. Any claim made against Wilderness Exchange Unlimited Co. is in direct violation of this agreement and would be made in Colorado courts pursuant to Colorado law.

3. By purchasing rental equipment from Wilderness Exchange Unlimited Co., the purchaser (user) agrees that it is their responsibility to know how to properly use and operate the equipment and obtain necessary instruction. By purchasing rental equipment from Wilderness Exchange Unlimited Co., the purchaser (user) understands the function of the equipment, and will not misuse or abuse the equipment. If the purchaser (user) feels the equipment is not functioning properly, they will stop using it and have it inspected, repaired or adjusted by a qualified technician.

4. By purchasing rental equipment from Wilderness Exchange Unlimited Co., the purchaser (user) accepts the equipment AS IS and without any warranties, expressed, implied or otherwise. The purchaser (user) accepts full responsibility for the care of this equipment and will replace, at full retail value, any equipment rented under this agreement but not returned toWilderness Exchange Unlimited Co., and will reimburse Wilderness Exchange Unlimited Co. for any loss and damage to this equipment other than reasonable wear and tear. The purchaser (user) agrees to return all rented equipment by the agreed date in clean and dry condition to avoid any additional charges.

5. Reservation Cancellations: Cancellations can be made up to 24 hours before the rental pick up time for a full refund. The equivalent of a 1 day rental will be charged for no call and no show. A cancellation fee equal to a single day charge for all of the items reserved will apply if the reservation is cancelled less than 24 hours prior to scheduled pickup.

6. I have carefully read both this Agreement and the rental rate and policy section of this agreement and fully understand its content. This is a binding contract that supersedes any other agreements or representations, whether expressed or implied, and is intended to provide a comprehensive and full release of liability. If any part of this contract is deemed unenforceable, all other parts shall be given full force and effect. I sign it of my own free will.

WILDERNESS EXCHANGE UNLIMITED, CO. RELEASE OF LIABILITY AND INDEMNITY AGREEMENT - NON-RELEASABLE BINDING WAIVER

In the event that the undersigned intends to rent/purchase skiing equipment, including bindings, from Wilderness Exchange Unlimited, Co., they agree as follows: I understand that skiing, snowboarding and telemark skiing is a HAZARDOUS activity and includes UNEXPECTED DANGERS. I understand that skiing, snowboarding and telemark skiing, including jumping, the use of terrain parks, and proceeding off piste, include inherent, manmade and other risks of injury or death that reasonable care, instructions and equipment cannot eliminate. I agree to freely, voluntarily and expressly ASSUME and accept any and ALL RISKS of DEATH or ANY INJURY to any part of the user’s body while engaging in skiing, snowboarding and/or telemark skiing. I understand that any skiing, snowboard and/or telemark skiing equipment being furnished forms part of or all of a system which will NOT RELEASE OR RETAIN at all times or under certain circumstances. I further agree and understand that this ski (board)-boot-binding system does NOT ELIMINATE THE RISK of any injuries to any part of my body, including the knee. I have read and understood the warnings mentioned in these instructions. I understand that the wearing of an activity approved helmet may reduce but will NOT ELIMINATE THE RISK of any injuries or death from head or neck injuries even at low speeds. I hereby release Wilderness Exchange Unlimited, Co., its owners, employees and agents as well as all equipment manufacturers and distributors (collectively “Suppliers”) from any and all liability or responsibility for any injury, damage, cost or expense incurred by me arising out of use of the equipment while skiing, snowboarding or telemark skiing, including any injury resulting from a defect in or operation of the equipment or the negligence of the Suppliers. I further agree to indemnify the Suppliers from any and all claim, demand, action, loss or expense, including attorney’s fees and costs that they may incur as a result of any such injury or damage that I might suffer. I understand that the release system of the binding is NOT CERTIFIED according to ISO standards. Although the binding release mechanism may help reduce injuries in a bad fall, the Suppliers do not guarantee any certain release/retention values during the operation of the binding. Wilderness Exchange Unlimited, Co., itself, provides NO WARRANTIES, express or implied, and this equipment is accepted “AS IS.”I agree that if any provision of this agreement and release of liability is determined to be illegal or unenforceable for any reason, those provisions shall be severed and the remainder of this contract shall remain in full force and effect. I agree that I will be certain to read all warnings and instructions and to understand how this skiing, snowboard and/or telemark skiing equipment mounts and operates. I agree to make certain that any weight, height, age and skier type provided to the shop regarding the user are correct. I agree that I will request all of the Supplier’s mounting instructions, adjustment instructions and operating instructions and that I provide any and all of this information to the user of this equipment.

By signing, the purchaser (user) agrees to ALL of the above terms and conditions.

CUSTOMER FULL PRINTED NAME

___________________________________________________________________

CUSTOMER SIGNATURE

_______________________________________________________DATE________________  (If user is a minor, signature of parent or legal guardian is also required)  

PARENT/LEGAL GUARDIAN SIGNATURE 

____________________________________________________DATE__________________ NOTE: If I am signing on behalf of a minor, in addition to the above, I also agree to RELEASE,  HOLD HARMLESS AND INDEMNIFY WILDERNESS EXCHANGE UNLIMITED CO., the  manufacturers and distributors of the equipment, and their owners, agents, and employees for any  claims of the minor. I agree to be responsible for any medical expenses incurred by the minor.