RETAIL SNOWBOARD EQUIPMENT PURCHASE RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISK AGREEMENT. BY ACCEPTING THIS ORDER FROM THIS DOCUMENT YOU MAY WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE

To Jays Surf Skate Snow Inc. and Snowboard Co., their owners, officers, directors, agents, employees and/or representatives:

ASSUMPTION OF RISK/WARNING: I am aware that snowboarding involves certain inherent risks, dangers and hazards which can result in serious personal injury or death. I am also aware that SNOWBOARD BOOT/BINDING SYSTEMS ARE NOT DESIGNED OR INTENDED TO RELEASE. I hereby freely agree to assume and accept any and all known and unknown risk of injury while using this equipment. I further recognize and acknowledge that the risk inherent in the sport of snowboarding can be greatly reduced by taking lessons, riding within my abilities and using common sense at all times.

RELEASE AND WAIVER OF CLAIMS AGREEMENT: In consideration of the sale to me of the listed snowboard equipment on my order/orders, I hereby agree as follows:

1. TO ACCEPT FOR USE AS IS, the equipment described in this agreement from my order/orders from Jays Surf Skate Snow Inc. DBA Jays Boardshop;
2. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against JAYS SURF SKATE SNOW INC. AND SNOWBOARD/BINDING MANUFACTURE;
3. TO RELEASE JAYS SURF SKATE SNOW INC. AND SNOWBOARD/BINDING MANUFACTURE from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer, as a result of my use of the equipment described in this Agreement, due to any cause whatsoever, including negligence or breach of contract on the part of JAYS SURF SKATE SNOW INC. AND SNOWBOARD/BINDING MANUFACTURE in the design, manufacture, selection, installation, maintenance or adjustment of the equipment;

ARBITRATION: in further consideration of the sale to me of the listed equipment on my order/orders, I herby agree submit to binding arbitration any and all claims which I believe I may have against JAYS SURF SKATE SNOW INC. AND SNOWBOARD/BINDING MANUFACTURE arising from any use of the listed snowboarding equipment on my order/orders. The arbitration shall be pursuant to the rules of the American Arbitration Association. The submission to the American Arbitration Association shall be unlimited and the arbitration award may be enforced by any Court of competent jurisdiction. Arbitration shall be commenced within (1) year from the date of which any alleged claim first arose. Further, the arbitration shall be held in Riverside, California, unless otherwise mutually agreed to by all the parties.

BINDING EFFECT OF AGREEMENT: In the event of my death or incapacity, this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives.

ENTIRE AGREEMENT: In entering into this Agreement, I am not relying upon any oral or written representations other than what is set forth in this Agreement and the Snowboard/ Binding manufacturer instruction manual provided with this equipment if any.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT ACCEPTANCE OF THIS PRODUCTS FROM MY ORDER/ORDERS BY SIGNING FOR PACKAGE I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE JAYS SURF SKATE SNOW INC. AND SNOWBOARD/BINDING MANUFACTURE.