We designed BolderPlay Products to be as safe as possible. To help provide a safe and fun experience, the buyer, installer, and user (each, a “User”) of the BolderPlay Product MUST do the following:
- Read and understand and follow the installation instructions and safety rules.
- Perform the mandatory testing if outlined within the instructions pamphlet.
- Ensure proper oversight, supervision and instruction of others on the sage use and operation of the product.
- Ensure that all equipment is properly installed, used, inspected, and maintained before each use.
- Before each use, check to see that obstructions and hazards are removed from the product path and that all non-users are a safe distance away.
- Maintain the proper mandatory maintenance the product requires which is outlined within the instructions pamphlet that comes with each product.
While every attempt is made to embody the highest degree of protection, we simply cannot guarantee freedom from injury. The User assumes all risk of injury due to use, assembly, or transportation and accepts all responsibility for any damage or injury, including death, that may arise from the use of a BolderPlay Product. All merchandise is sold or distributed on this condition. No representative of BolderPlay can waive or change disclaimer conditions.
WAIVER ("LIABILITY RELEASE")
1. By purchasing and using BolderPlay Products, you acknowledge the use of BolderPlay Products entails known and unknown risks that could result in physical or emotional injury, paralysis, death, or damage to yourself, your children, your property or to third parties. By purchasing BolderPlay Products, you understand and acknowledge that such risks simply cannot be eliminated without jeopardizing essential product features.
The risks include, among other things and without limitation: BolderPlay Products expose a User to common risks of cuts and bruises amongst other more serious risks. Users may fall off BolderPlay Products or suffer more serious injuries. BolderPlay cannot guarantee Users' safety under any condition. Using BolderPlay Products in any way other than outlined within the instructions pamphlet provided in the box or available online may result in serious injury and must be done at a User's own risk. In any event, if any User is injured, medical assistance may be required.
2. You expressly agree and promise to accept and assume all of the risks existing in using BolderPlay Products. Using BolderPlay Products is purely voluntary, and User elects to participate despite the risks.
3. Should BolderPlay representatives, or anyone acting on our company's behalf, incur legal fees or costs to enforce this agreement, the User agrees to indemnify and hold BolderPlay harmless for all such fees and costs. This means that User will pay all legal fees and costs.
4. You gree that this Release of Liability and Acknowledgement of Waiver (“LIABILITY RELEASE”) may be made on behalf of their minor child and that all of the releases, waivers and promises herein are binding on that minor User. You represent that you have full authority as parent or legal guardian of the User to bind the User to this Agreement.
5. In consideration of not being able to execute a signed copy of this Liability Release before each use, you agree that this Liability Release shall apply to all uses of BolderPlay Products for the life of the Product by you and any User in full.