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STONER CANYON RAFTS, LLC


PURCHASER ACKNOWLEDGMENT OF RISK, SAFE-USE AGREEMENT, LIMITED RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT

IMPORTANT LEGAL DOCUMENT: READ CAREFULLY BEFORE PURCHASING OR USING THE PRODUCT

River recreation and whitewater boating involve risks of severe injury and death. This Agreement affects important legal rights. It does not eliminate any right or remedy that applicable law prohibits from being waived.

  1. PARTIES AND PRODUCTS

This Purchaser Acknowledgment of Risk, Safe-Use Agreement, Limited Release of Liability, and Indemnification Agreement (“Agreement”) is entered into between Stoner Canyon Rafts, LLC, a Wyoming limited liability company authorized to conduct business in Colorado (“Stoner Canyon Rafts”), and the purchaser identified below (“Purchaser”).

This Agreement applies to products purchased from Stoner Canyon Rafts, including, as applicable, rafts, inflatable boats, frames, frame kits, oars, paddles, dry bags, cam straps, accessories, custom components, repair materials, and related equipment (“Product” or “Products”).

Purchaser Name: ___________________________________________

Order or Invoice Number: ___________________________________

Purchase Date: ____________________________________________

Product Description: _______________________________________

Product Serial Number, Hull Identification Number, or Other Identifier:

  1. PURPOSE OF AGREEMENT

Purchaser understands that Stoner Canyon Rafts sells recreational boating equipment for use in environments that may be dangerous, remote, unpredictable, and beyond the control of Stoner Canyon Rafts.

Purchaser acknowledges that safe use depends upon many factors, including the user’s experience, physical ability, judgment, sobriety, route selection, water conditions, weather conditions, assembly, inflation pressure, loading, inspection, maintenance, protective equipment, and compliance with applicable law.

This Agreement is intended to:

a. explain important risks associated with river recreation and use of the Products;

b. require safe and responsible use;

c. allocate responsibility for purchaser misuse and unsafe conduct;

d. release certain claims based upon ordinary negligence to the fullest extent permitted by law; and

e. preserve any rights and remedies that applicable law does not permit the parties to waive.

  1. EQUIPMENT-ONLY SALE

Unless Stoner Canyon Rafts expressly agrees otherwise in a separate written contract, the sale of a Product is an equipment-only transaction.

Stoner Canyon Rafts is not providing guided river trips, professional guiding services, route selection, safety supervision, rescue services, river-condition monitoring, transportation, shuttle services, permit services, or a representation that any particular river, section, route, launch point, take-out point, water level, weather condition, or activity is appropriate for Purchaser or any user.

Any general information provided by Stoner Canyon Rafts is informational only and is not a substitute for training, experience, independent judgment, current river information, local knowledge, or professional advice.

  1. PURCHASER’S DUTY TO READ INSTRUCTIONS AND INSPECT PRODUCTS

Purchaser agrees:

a. to read and follow all manuals, warnings, labels, capacity limits, inflation specifications, assembly instructions, care instructions, and safety materials provided with the Product;

b. to inspect the Product before each use;

c. to confirm before use that the Product appears complete, properly assembled, correctly inflated, properly secured, appropriately loaded, and suitable for the intended activity;

d. to inspect valves, chambers, seams, straps, frames, pins, fasteners, welds, rigging, oars, paddles, personal flotation devices, and accessories before use and periodically during use;

e. not to use a Product that appears damaged, incomplete, incorrectly assembled, improperly adjusted, inadequately inflated, excessively inflated, overloaded, or unsuitable;

f. to immediately discontinue use if any condition arises that could affect safe operation; and

g. to contact Stoner Canyon Rafts regarding any suspected manufacturing defect or safety concern.

Purchaser acknowledges that river equipment may be damaged by ordinary wear, abrasion, impact, puncture, dragging, ultraviolet exposure, shifting loads, improper storage, poor maintenance, incorrect inflation, misuse, modification, and environmental conditions.

  1. ACKNOWLEDGMENT OF RISKS

Purchaser understands that rafting, boating, floating, rowing, paddling, transporting equipment, assembling equipment, loading, unloading, launching, landing, swimming, portaging, shoreline activity, camping, and related outdoor activities involve serious risks.

These risks include, without limitation:

a. drowning, immersion, cold-water shock, hypothermia, dehydration, heat illness, sun exposure, exhaustion, and delayed emergency response;

b. swift current, rapids, waves, hydraulics, holes, eddies, strainers, sweepers, undercut rocks, low-head dams, waterfalls, debris, submerged objects, unstable shorelines, mud, slippery surfaces, and unexpected changes in river conditions;

c. capsizing, flipping, wrapping, pinning, entrapment, foot entrapment, collision, falling overboard, swimming in current, separation from the raft, and separation from other members of the group;

d. impact with rocks, trees, branches, bridges, cables, vehicles, trailers, equipment, wildlife, other vessels, people, and natural or artificial objects;

e. weather, lightning, wind, rain, snow, wildfire, falling rocks, landslides, poor visibility, extreme temperatures, and remote terrain;

f. product damage, shifting loads, loosening straps, loss of inflation, puncture, leakage, tears, detached components, broken components, damaged valves, improper rigging, and incorrect assembly;

g. errors in navigation, maneuvering, judgment, communication, rescue attempts, route selection, launch selection, landing selection, portaging, shoreline access, and group management;

h. negligent or intentional acts of other users, passengers, boaters, motorists, property owners, governmental entities, bystanders, and third parties;

i. limited or unavailable cell service, medical care, emergency response, law-enforcement response, rescue services, and evacuation options; and

j. serious bodily injury, permanent disability, emotional distress, property damage, and death.

Purchaser understands that this list is not exhaustive. Unknown and unexpected risks may arise.

  1. EXPRESS ASSUMPTION OF INHERENT AND USER-CREATED RISKS

Purchaser knowingly and voluntarily assumes the inherent and ordinary risks associated with river recreation and use of the Products.

Purchaser also assumes the risks arising from Purchaser’s own acts and omissions, including unsafe route selection, inadequate experience, improper inspection, incorrect assembly, improper inflation, overloading, poor maintenance, unsafe transportation, impaired use, failure to use protective equipment, and failure to comply with warnings, instructions, laws, permit conditions, and reasonable safety practices.

  1. ZERO-TOLERANCE ALCOHOL, CANNABIS, CONTROLLED-SUBSTANCE, AND IMPAIRMENT POLICY

STONER CANYON RAFTS DOES NOT ENCOURAGE, AUTHORIZE, APPROVE, OR CONDONE THE USE OF ALCOHOL, CANNABIS, ILLEGAL DRUGS, CONTROLLED SUBSTANCES, OR IMPAIRING MEDICATIONS WHILE ASSEMBLING, TRANSPORTING, LOADING, UNLOADING, LAUNCHING, OPERATING, NAVIGATING, MANEUVERING, PORTAGING, RETRIEVING, OR USING ANY PRODUCT.

Purchaser agrees:

a. not to operate, navigate, control, assemble, transport, launch, load, unload, portage, retrieve, or use a Product while impaired by alcohol, cannabis, illegal drugs, controlled substances, or any prescription or nonprescription medication that may impair judgment, balance, coordination, alertness, reaction time, or physical ability;

b. not to permit an impaired person to operate, navigate, control, assemble, transport, launch, load, unload, portage, retrieve, or use a Product;

c. not to bring alcohol, cannabis, illegal drugs, or controlled substances aboard a raft or boat;

d. to immediately discontinue use if any user becomes impaired, unsafe, or unable to participate responsibly; and

e. to comply with all applicable laws, regulations, permit conditions, and safety requirements.

Use of a Product while impaired constitutes misuse of the Product.

Purchaser Initials: __________

  1. PERSONAL FLOTATION DEVICES AND SAFETY PRACTICES

Purchaser agrees:

a. to obtain and use properly fitted, serviceable, United States Coast Guard-approved personal flotation devices appropriate for the intended activity;

b. to ensure that each person wears a properly fitted personal flotation device whenever required by law, permit conditions, water conditions, or ordinary prudence;

c. to ensure that minors comply with applicable personal-flotation-device requirements;

d. to use helmets and other protective equipment when appropriate;

e. not to exceed the Product’s rated capacity;

f. to distribute weight and secure loads safely;

g. to inspect inflation pressure, rigging, frames, straps, valves, fasteners, and accessories before and during use;

h. not to cut, puncture, drag, abuse, modify, alter, or misuse a Product;

i. to stop using a Product when weather, water, fire, access, or other conditions become unsafe; and

j. to comply with all applicable laws, warnings, instructions, and reasonable boating practices.

  1. ASSEMBLY, INSTALLATION, AND OPTIONAL ASSISTANCE

Purchaser is responsible for ensuring proper assembly, installation, inspection, adjustment, and use of the Products.

If Stoner Canyon Rafts provides optional assembly assistance, loading assistance, demonstrations, general instructions, or customer-service information, Purchaser remains responsible for independently inspecting the Product before use and confirming that the Product is suitable for the intended activity.

Purchaser shall not modify, weld, drill, cut, alter, substitute components, or install unauthorized components in a manner that may affect safety or performance.

  1. LIMITED RELEASE OF CLAIMS BASED UPON ORDINARY NEGLIGENCE

TO THE FULLEST EXTENT PERMITTED BY LAW, PURCHASER, ON BEHALF OF PURCHASER AND PURCHASER’S HEIRS, PERSONAL REPRESENTATIVES, ESTATE, SUCCESSORS, AND ASSIGNS, RELEASES AND DISCHARGES STONER CANYON RAFTS, LLC AND ITS MEMBERS, MANAGERS, OWNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, INSURERS, DISTRIBUTORS, REPRESENTATIVES, AND AUTHORIZED SELLERS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, AND EXPENSES ARISING OUT OF OR RELATING TO PURCHASER’S TRANSPORTATION, ASSEMBLY, INSTALLATION, LOADING, UNLOADING, LAUNCHING, OPERATION, NAVIGATION, MANEUVERING, PORTAGING, SHORELINE ACTIVITY, RETRIEVAL, MAINTENANCE, STORAGE, OR USE OF PRODUCTS, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.

THIS LIMITED RELEASE IS INTENDED TO INCLUDE, TO THE FULLEST EXTENT PERMITTED BY LAW, ORDINARY-NEGLIGENCE CLAIMS RELATING TO CUSTOMER-SERVICE INFORMATION, ASSEMBLY ASSISTANCE, LOADING ASSISTANCE, DEMONSTRATIONS, GENERAL INSTRUCTIONS, FAILURE TO WARN OF OPEN AND OBVIOUS RECREATIONAL RISKS, ROUTE INFORMATION, WATER OR WEATHER INFORMATION, ANCILLARY ACTIVITIES, AND THE ACTS OR OMISSIONS OF OTHER PERSONS.

Purchaser Initials: __________

  1. CLAIMS NOT RELEASED

THIS AGREEMENT DOES NOT WAIVE, RELEASE, DISCLAIM, OR LIMIT ANY CLAIM OR REMEDY THAT APPLICABLE LAW PROHIBITS FROM BEING WAIVED, RELEASED, DISCLAIMED, OR LIMITED.

Without limiting the foregoing, this Agreement does not release:

a. any strict products-liability claim for personal injury that applicable law prohibits from being waived;

b. any claim based upon a manufacturing defect, design defect, or legally inadequate warning to the extent applicable law prohibits waiver of that claim;

c. any claim based upon willful and wanton conduct, reckless conduct, or gross negligence to the extent such a claim cannot lawfully be waived;

d. any statutory right or remedy that cannot lawfully be waived; or

e. any right arising under an applicable written limited warranty.

  1. RESPONSIBILITY FOR SUBSEQUENT USERS

Purchaser understands that this Agreement binds Purchaser but may not bind a passenger, borrower, transferee, guest, or other user who has not separately agreed to its terms.

Purchaser agrees:

a. to provide each user with the manuals, warnings, safety information, capacity limits, and instructions supplied with the Product;

b. to inform each user of the inherent risks of river recreation and the zero-tolerance impairment policy;

c. not to permit an inexperienced, impaired, underage, or otherwise unsafe person to use the Product;

d. to require each user to inspect the Product before use;

e. not to remove, alter, obscure, or destroy warnings, labels, hull identification numbers, serial numbers, or safety information; and

f. to provide manuals, warnings, and safety information to any later purchaser, borrower, lessee, or recipient of the Product.

  1. INDEMNIFICATION FOR PURCHASER MISUSE AND THIRD-PARTY CLAIMS

To the fullest extent permitted by law, Purchaser agrees to indemnify, defend, and hold harmless the Released Parties from claims, damages, losses, liabilities, costs, and expenses, including reasonable attorney fees, arising from:

a. Purchaser’s violation of this Agreement;

b. Purchaser’s unsafe use, misuse, abuse, overloading, unauthorized modification, improper assembly, improper inflation, improper transportation, or inadequate maintenance of a Product;

c. Purchaser’s impaired use of a Product or provision of a Product to an impaired person;

d. Purchaser’s failure to provide warnings, instructions, manuals, or safety information to another user;

e. Purchaser’s failure to comply with applicable law, rules, permit conditions, or safety requirements;

f. Purchaser’s use of a Product for commercial outfitting, rental, instructional, rescue, institutional, or other commercial purposes without written authorization; and

g. claims by a person whom Purchaser permits to use a Product where the claim arises from Purchaser’s acts, omissions, misuse, negligent entrustment, or violation of this Agreement.

This indemnification provision does not require Purchaser to indemnify any Released Party for a claim to the extent prohibited by applicable law.

  1. NO COMMERCIAL RENTAL OR OUTFITTING USE WITHOUT WRITTEN AUTHORIZATION

Unless Stoner Canyon Rafts expressly agrees otherwise in writing, Products sold for ordinary retail use may not be used for commercial outfitting, guided trips, rental operations, instructional programs, organized commercial events, or institutional use.

Commercial users must obtain written authorization and any additional agreement, insurance, inspection, maintenance, and warranty terms required by Stoner Canyon Rafts.

  1. LIMITED WARRANTY

Any written limited warranty applicable to a Product is separate from this Agreement.

Purchaser acknowledges that Purchaser has received or had an opportunity to review the applicable written limited warranty before purchase.

Nothing in this Agreement expands or reduces the terms of an applicable written limited warranty except to the extent expressly stated in that warranty.

  1. ELECTRONIC ACCEPTANCE

Purchaser agrees that an electronic signature, checkbox acceptance, typed name, digital acceptance process, or other electronic indication of assent may constitute Purchaser’s signature to the extent permitted by law.

Purchaser acknowledges that Purchaser had an opportunity to review this Agreement before completing the purchase.

  1. SEVERABILITY

If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable, that provision shall be enforced only to the maximum extent permitted by law, and the remaining provisions shall remain effective.

  1. GOVERNING LAW AND VENUE

This Agreement shall be governed by the law of the state where the Product was purchased and principally used, without regard to conflict-of-law principles.

To the extent permitted by law, an action relating to a Product purchased or principally used in Colorado shall be brought in a court of competent jurisdiction in Colorado.

  1. ACKNOWLEDGMENT

PURCHASER ACKNOWLEDGES THAT PURCHASER HAS READ THIS AGREEMENT CAREFULLY, UNDERSTANDS ITS TERMS, HAS HAD AN OPPORTUNITY TO ASK QUESTIONS, AND UNDERSTANDS THAT PURCHASER IS GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING CERTAIN RIGHTS TO ASSERT CLAIMS BASED UPON THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.

PURCHASER FURTHER ACKNOWLEDGES THAT RIVER RECREATION IS VOLUNTARY, THAT WHITEWATER AND MOVING WATER ARE INHERENTLY DANGEROUS, AND THAT SAFE USE REQUIRES TRAINING, EXPERIENCE, SOBRIETY, PROPER EQUIPMENT, CURRENT INFORMATION, GOOD JUDGMENT, AND CONTINUING INSPECTION.

Purchaser Name: ___________________________________________

Purchaser Signature: _______________________________________

Date and Time: ____________________________________________

Email: __________________________________________________

Telephone: _______________________________________________

Order or Invoice Number: ___________________________________