Terms and Conditions
I HAVE CAREFULLY READ, UNDERSTOOD and AGREED to the TERMS of this EQUIPMENT WARNING, ASSUMPTION OF RISK, LIABILITY RELEASE, INDEMNITY AND HOLD HARMLESS AGREEMENT AND AGREEMENT NOT TO SUE: EQUIPMENT WARNING, ASSUMPTION OF RISK, LIABILITY RELEASE, INDEMNITY AND HOLD HARMLESS AGREEMENT AND AGREEMENT NOT TO SUE I have purchased ski binding equipment from CAST LLC for on-snow activities and accept full responsibility for the ownership and care of this equipment. I understand and am aware that skiing is a HAZARDOUS activity. I understand that the sport of skiing and the use of this ski equipment from CAST LLC involves risk of injury to all parts of this user’s body. I hereby agree to freely and expressly assume and accept any and all risks of injury from CAST LLC while skiing. I agree not to use any of the ski equipment purchased from CAST LLC before I have read and/or received instruction for its use and function and have received satisfactory answers to any questions I may have regarding its use and function. I recognize that the CAST LLC Freetour kit is designed for uphill use and the binding is then intended to be removed and replaced with third party equipment for skiing downhill. If at any time I feel this equipment does not seem to be functioning properly, I will stop using it immediately and return it to CAST LLC and/or possible repair or adjustment by a qualified technician. I agree to check all equipment and that this equipment will not be used if any parts are loose, worn, damaged or missing. I acknowledge and agree that any CAST LLC Freetour kit installed by CAST LLC customer, or shop should be adjusted and tested to fit the user’s ski boot sole length, height, weight, and skier ability level to ensure proper release. CAST LLC designed its products in accordance with ISO alpine standards for release and retention. However, the Freetour kit is not certified to meet these standards by an independent body. I agree to accept for use all the various equipment combinations that are compatible with the CAST LLC Freetour Kit “AS IS” and WITH NO WARRANTIES, express, implied, or otherwise, beyond those stated in this agreement and/or provided by written warranty, if any. I understand that the binding system cannot guarantee the user’s safety. In downhill skiing, I understand that the ski-boot-binding system is designed to release the boot from the ski when certain forces on the system reach preset values, but that the binding system WILL NOT RELEASE OR RETAIN at all times or under all circumstances where release or retention might prevent injury or death, nor is it possible to predict every situation in which it will release or retain, and that it CANNOT prevent all injuries to any part of the user’s body. Further, I acknowledge that alpine touring ski bindings are different from downhill skiing bindings because touring bindings provide functions not available with most alpine equipment. I understand and agree that unwanted release and retention are inherent risks of skiing. The binding systems will not ordinarily release during use; and that they are not designed to release as a result of forces generated during ordinary operation and that they DO NOT PROTECT against any type of injury. I recognize, acknowledge, and agree that CAST LLC is not affiliated, associated, or connected in any way, shape, or form with Look Fixations SAS, manufacturer of LOOK and PIVOT ski bindings, which are compatible with CAST LLC Freetour kit. Look is a separate entity and does not in any manner endorse, sponsor, approve, authorize, supervise, or condone, any of CAST LLC products or services. I further agree that any alteration whatsoever, including, but not limited to, modification of LOOK PIVOT ski bindings, may void the warranty, if any, from Look Fixations SAS and, in such instance, the user hereby agrees to indemnify CAST LLC from any third party action, injury, damage, or other form of adverse action related to product warranty(ies) that may be voided by product modification or otherwise. To the fullest extent allowed by law, I hereby agree to forever RELEASE, INDEMNIFY AND HOLD HARMLESS CAST LLC as an equipment manufacturer of the Freetour kit and their affiliates, owners, agents, officers, directors, employees and their successors in interest (collectively “PROVIDERS”) FROM ANY AND ALL RESPONSIBILITY OR LEGAL LIABILITY for damage, injury or death to me or to any other person or property which may result while using this equipment. I further agree to WAIVE ANY RIGHT TO PRESENT ANY LEGAL CLAIM OR SUIT against the PROVIDERS, whether based upon negligence, breach of contract or warranty, or any other legal theories and I accept full liability and responsibility for any and all such injuries or damages. In the event that I elect to have the visual indicator settings of the bindings adjusted to a setting other than that recommended by CAST LLC or other alpine binding manufacturer, I acknowledge that I may be assuming an increased risk of injury to myself. I understand that, as a condition of obtaining these settings on the bindings, I forever RELEASE, HOLD HARMLESS and INDEMNIFY PROVIDERS, from any and all liability for any injury of any kind which results from the use of such settings. This document is a LEGALLY BINDING CONTRACT that supersedes any other agreements by or between the parties and constitutes the FINAL AND ENTIRE AGREEMENT regarding this transaction and this equipment. This agreement is intended to provide a COMPREHENSIVE RELEASE OF LIABILITY but is not intended to assert any claims or defenses that are prohibited by law. If any provision of this contract is deemed unenforceable, all other provisions shall be given full force and effect. The specific legal rights of the parties may vary among different states and provinces. Governing law is the laws of the State of Idaho without regard to conflict of law principles. I HAVE CAREFULLY READ, UNDERSTOOD and AGREED to the TERMS of this EQUIPMENT WARNING, ASSUMPTION OF RISK, LIABILITY RELEASE, INDEMNITY AND HOLD HARMLESS AGREEMENT AND AGREEMENT NOT TO SUE AND CONSENT TO THE TERMS AND CONDITIONS CONTAINED HEREIN.