Product Liability Waiver and Release
When you add a packraft to your cart, you must agree to these terms. Clicking through this Waiver, proceeding to checkout, using, or allowing the use of the Packrafts indicates your agreement to the following terms and conditions:
Stikine Packrafts Inc. (“Stikine Packrafts”) offers its products on the following legal terms, conditions and notices. The following terms, conditions and notices apply to all sales and uses of Stikine Packrafts products. Please review them carefully as these terms, conditions and notices include limitation of warranties and disclaimer of liabilities.
All portable lightweight inflatable boats, inflatable rafts, non-inflatable rafts and other marine and freshwater vessels offered and sold by Stikine Packrafts
regardless of the model, maker, manufacturer or edition will be referred to as a “Packraft” in this Waiver and the Packraft, together with the products and equipment used with the Packraft are collectively referred to as the “Products”.
RISK OF ACTIVITIES
I understand that there is an inherent risk and danger associated with my use of the Packraft and that while installing or using a Packraft, I may encounter or be exposed to any number of risks, hazards, and dangers including, but not limited to, losing control of or crashing the Packraft, falling off the Packraft, collisions with rocks, getting in caught in undercuts and other river features, hypothermia, overexertion and drowning.
I understand that there is an inherent risk and danger associated with the activities associated with the Products and use of the Products which may lead to damage to property, serious physical injury, disability and/or death, even where such Products are used as intended and instructed by Stikine Packrafts and the manufacturer. I agree and understand that I am purchasing and will be operating and using Products I have purchased at my own risk, absolutely.
ASSUMPTION OF RISK
By purchasing, using or allowing the use of the Products, I expressly and voluntarily ASSUME ALL OF THE ABOVE-MENTIONED RISKS, HAZARDS, DANGERS, AND ANY HARM, INJURY OR LOSS THAT MAY OCCUR TO ME OR MY PROPERTY as a result of my use of the Products WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF STIKINE PACKRAFTS , its employees or any other individual including, but not limited to, equipment malfunction from whatever cause.
RELEASE OF LIABILITY
I hereby RELEASE Stikine Packrafts, its affiliates, and their employees, officers, directors, shareholders and owners (the “Released Parties”) from all liabilities, causes of action, claims and demands that arise in any way from my purchase and use of the Packraft. This RELEASE includes, without limitation, any claims based on negligence, defects in the design, manufacture, adjustment, maintenance or inspection of Packrafts and related equipment, failure to provide
proper instruction, technical direction or safety equipment.
I agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined under “Release of Liability”) against all claims made third parties for which liabilities have been released in accordance with this Waiver. Without limiting the foregoing, I agree that if the Packraft or Products are used by a third party whether with or without my consent, I will indemnify and shall at any and all times hold the Released Parties harmless from and against anyand all liabilities, losses, costs, damages, expenses and statutory obligations of whatever nature or kind that Released Parties may sustain or incur or be liable for (including death) arising out of the use by such third party of the Packraft and the Products.
I also agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against all claims arising from my own negligence and my use of the Products. I will reimburse the Released Parties for any damages, reasonable settlements, defense costs (including legal fees) that the Released Parties may incur because of any such claims made against them either by me, my representatives or any third party.
I acknowledge and agree that in the event of my death or disability, the terms of this Waiver including my indemnification obligation will be binding on my estate, and my personal representatives, executors, administrators or guardians will be obligated to respect and abide by them.
MY REPRESENTATIONS REGARDING USE OF THE PRODUCTS
I acknowledge and agree to the following representations:
1. I am solely responsible for my health and safety when using the Packraft or installing, operating or using any Product.
2. I have the experience, skills, knowledge and ability necessary to ride a Packraft and install, operate and use the Products.
3. I am in good physical health and have no physical impediment that prevents me from engaging in the activities involving the Packraft.
4. I will inspect each Product before each use to ensure that such Product properly functioning and not damaged.
5. I will not use any damaged Products. If I believe any Product is not functioning properly or otherwise damaged, I will stop using it immediately and arrange to have it inspected, repaired and/or adjusted as necessary.
6. I acknowledge and agree that modification of any Product through use or misuse can lead to malfunction causing serious risk. I am solely responsible for any modifications I perform on any Product, whether owned by me or by others. I understand that Stikine Packrafts is not obligated to accept any modified Product from me for return, repair or replacement.
7. I will abide by all applicable laws, bylaws, rules, ordinances and regulations when using the Packraft. I will not operate or use the Packraft in any location or in any manner that prohibits me from operating or using the Packraft or considers such operation or use to be illegal.
8. I am responsible for any violations and related citations, fines or impound charges that result from or in connection with my use of any Product.
9. I will wear life vest and other proper protective gear when using the Packraft near or in any body of water.
10. I will not lend out or allow any other person to use my Packraft unless they have read and agree in writing to the terms of this waiver. If I do lend out my Packraft I acknowledge that I am bound by my indemnity obligations under this Waiver.
11. I am over 19 years of age or the parent or legal guardian of a minor who has my permission the Packraft; provided, I agree not to allow the minor to use the Packraft unless I believe that such minor is adequately supervised.
If any portion of this Waiver is found to be invalid or unenforceable, then the invalid or unenforceable will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Waiver will remain in full force and effect.
This Waiver is governed by the laws of the Province of British Columbia, Canada. I agree and consent to the exclusive jurisdiction and venue of British Columbia courts, in all disputes arising out of or relating to the installation, operation and use of the Products.
MODIFICATION OF TERMS AND CONDITIONS
I agree and acknowledge that Stikine Packrafts reserves the right to change the terms, conditions, and notices under which it offers the Products.
I HEREBY CERTIFY, I have fully informed myself of the contents of this Waiver by reading it before indicating my agreement by checking off the boxes throughout this Waiver. I HEREBY CERTIFY, by clicking below, that I am of legal age, I have read this agreement and fully understand the contents herein. By checking off the boxes throughout this Waiver and clicking below, I agree to all the terms and conditions of this Waiver.