Colorado Ski Tunes Tune Contract

This document was last updated on 10/05/2009.

"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 sight 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, OrganoLawn, Colorado Ski Tunes, their investors or employees, equipment manufactures, 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.

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.