waiver of liability
trampoline superstore WAIVER OF LIABILITY
Waiver of LiabilityBY PURCHASING A TRAMPOLINE (A “PRODUCT”) FROM TRAMPOLINE SUPERSTORE, LLC OR ANY AFFILIATE THEREOF (THE “COMPANY”), THE CUSTOMER AGREES WITH EACH AND EVERY PROVISION SET FORTH IN THIS WAIVER OF LIABILITY (THIS “WAIVER”). IF THE CUSTOMER DOES NOT AGREE TO ANYTHING SET FORTH IN THIS WAIVER, THE CUSTOMER SHOULD NOT PURCHASE A TRAMPOLINE FROM THE COMPANY.
Assumption of Risk. By executing this Waiver, you acknowledge and agree that you have carefully read the above and fully understand this information concerning the Product. You understand that use of the Product exposes participants to certain inherent and serious risks that cannot be eliminated regardless of the care taken and to avoid injuries. You further understand that the specific risks can vary, but that they can include risk of serious illness or even death.YOU HEREBY KNOWINGLY AND VOLUNTARILY ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR LOSS WHICH MAY OCCUR DURING YOUR VISIT OR AS A RESULT OF THE USE OF THE PRODUCT, WHEREVER OR HOWEVER SAID INJURY OR LOSS MAY OCCUR, EVEN THOUGH AT THIS TIME YOU DO NOT KNOW EXACTLY HOW EXTENSIVE ANY INJURY OR LOSS MAY BE. You make this full and complete assumption of risk, regardless of whether all risks of loss are specifically enumerated herein, or are otherwise disclosed or known to you.
Waiver of Liability and Release of Known and Unknown Claims. To the fullest extent permitted by applicable law, by your execution of this document, you, on behalf of yourself and any successors and assigns, including any subsequent owner of the Product or any person that uses the Product, forever release, discharge, and acquit the Company and its parent companies, subsidiaries, owners, officers, directors, shareholders, members, managers, agents, employees, and representatives FROM ANY AND ALL LIABILITY WHATSOEVER, including, but not limited to, all claims, demands, obligations, liabilities, breaches of contract, breaches of duty, acts, omissions, misfeasance or malfeasance, cause or causes of action and otherwise of every type, nature, kind, or description whatsoever, whether previously or now existing or which could, might be, or may be claimed to exist, all as if expressly set forth and described herein, whether known or unknown, arising from or in connection with any use of the Product, AND FOREVER WAIVE AND FULLY RELINQUISH ANY RIGHT TO SUE OR ANY OTHER CLAIMS OR DEMANDS THAT YOU MAY HAVE against the Company or its agents or affiliates, arising from or in connection with your use of the Product. You understand and agree that this release extends to and includes any and all damages, injuries, and claims which you do not anticipate or know about, and you expressly waive and relinquish any and all rights under any law or statute to the contrary.
You hereby expressly waive and relinquish, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil Code, or any other similar provision under federal or state law, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Choice of Law and Arbitration. You understand and agree that this Waiver of Liability shall be governed by and interpreted in accordance with the laws of the State of Texas. Any controversy or claim arising out of or relating to this Waiver of Liability, or the terms and conditions thereof, shall be settled by expedited, binding, and confidential arbitration in Montgomery County, Texas before Judicial Arbitration and Mediation Services (JAMS) pursuant to the JAMS Comprehensive Arbitration Rules and Procedures for any disputed claim or counterclaim that exceeds $250,000 (not including interest or attorneys’ fees), and pursuant to the JAMS Streamlined Arbitration Rules and Procedures for any disputed claim or counterclaim not exceeding $250,000 (not including interest or attorneys’ fees), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Waiver of Class Claims. By agreeing to this this Waiver and purchasing the Product, you agree to pursue any and all claims in your individual capacity in arbitration, and not to pursue claims as a plaintiff or class member in any purported class, representative, or collective proceedings in arbitration or any other forum. The parties specifically deny the arbitrator the authority to consider or certify class, representative, or collective claims under this Waiver. The purchaser acknowledges that he or she has carefully read the above and fully understands all provisions of this Waiver, and acknowledges that he or she is agreeing this Waiver freely and voluntarily, knowingly and voluntarily assumes any and all risks, and intends by his or her agreement to be a complete and unconditional release of all liability to the greatest extent allowed by law.
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Exceptional service with superb attention to the customers needs. Upmost integrity and values. If I had three thumbs they'd all be up.
Everyone was very processional and the crew was great. They did a great job and I love my trampoline. They took the time to explain every step to me and made sure that I approved the placement. They even came back to make sure that the water would drain the way we had planned. I highly recommend Trampoline Superstore to install your in-ground trampoline!
A delight to work with and excellent product. My boys jump on the trampoline everyday!
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