Colorado Ski Tunes Tune Contract
This document was last updated on 12/17/2010.
"User" means the individual using the equipment supplied and/or serviced as listed on this website. The "undersigned" means the user, and when a user is under the age of 18, it includes such user's parents or legal guardian signing on behalf of himself-herself and on behalf of the minor user. The undersigned understand that skiing, snowboarding, using the equipment listed on this sight and using ski area facilities, including the lifts, for any purpose (hereinafter the "activity") can be hazardous and presents a risk of physical injury or death.
The undersigned represents that no misrepresentations have been made to the retail/repair shop in regard to User's height, weight, and or ability-type listed on this sight. The Undersigned further agree that the User listed on this site will be the only person using this equipment.
In consideration of the supply/repair of the equipment listed on this sight and participation in the activity, the undersigned hold harmless, release, defend and indemnify Outdoor Organics, Organo-Lawn, Colorado Ski Tunes, their investors or employees, equipment manufacturers, machine manufactures, insurance companies, officers, or directors (each hereinafter "the released party) from any and all liability and/or claims for injury or death to persons or damage to property arising from the User's use of equipment, including those injuries and damages caused by any released party's alleged or actual negligence or breach of any express or implied warranty. The undersigned take full responsibility for any injury or loss to User, including death, which User may suffer, arising in whole or in part out of the activity. By executions of this release, the Undersigned agree not to sue any released party and agree they are releasing any right to make claim or file a lawsuit against any Released Party. The undersigned further agree to defend and indemnify each Released party for any and all claims of the undersigned and/or third party arising in whole or in part from the User's participation in the Activity. The undersigned agree to pay all costs and attorney's fees incurred by released party in defending a claim or suit brought by or on behalf of the Undersigned. The Undersigned agree and understand that this release is applicable to each and every day User uses the equipment forever.
Inconsideration of supply/repair of the equipment, the Undersigned agree that any and all claims for injury and/or death arising from User's use of equipment shall be governed by Colorado Law and exclusive jurisdiction of any claim shall be in the appropriate State Court of Federal Court for Colorado. If any party of this agreement is determined to be unenforceable, all others parts shall be given full force and effect. This release shall be binding upon the Undersigned's assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.
Colorado Ski Tunes cannot be held liable for any loss, theft, damage, misplacement or anything that happens to the customerís equipment while in the possession of Colorado Ski Tune neither before nor after the pick up and/or delivery. If a ski or snowboard is delivered to the incorrect address by a Colorado Ski Tunes employee the customer must notify Colorado Ski Tunes either via email or calling 303-499-2000 informing Colorado Ski Tunes the delivery was not received within 24 hours of the estimated delivery time or the customer forfeits their rights for replacement.
Colorado Ski Tunes cannot be held liable for any costs incurred if a delivery is late or a delivery date must be rescheduled. This includes but is not limited to rental equipment, rush order shipping, changes in travel expenses, etc.
I have had sufficient time to carefully read the foregoing liability release. I understand its contents and agree with full knowledge of its significance. I am aware this release is a liability and I agree and I sign it of my own free will.
Please contact us if you have any comments, questions, or concerns about this tune contract or this site.
†or Phone: 303-499-2000