Please read and understand this document before signing. If you have any questions please ask us or consult an attorney.
You are giving up specific legal rights by signing this contract.
Backcountry Garage, LLC doing business as Mtn Approach and its employee’s, agents, directors, officers, athletes, representatives and volunteers have done everything possible to assure that our customers experience a rewarding experience when using our products. We wish to inform our customers that backcountry or alpine skiing is not risk free. The same elements that contribute to the unique character and fun of skiing such as the physical exertion or the snow can cause loss or damage to equipment, injury, illness, or in extreme cases, permanent trauma, or death. We do not want to heighten or reduce your enthusiasm for the activity or our products, but we do want you to know in advance what to expect, and to be informed of the some of the possible risks when using our products.
EXPRESS ASSUMPTION OF THE RISK
There are risks that accompany all aspects of life as well as Skiing. Some of these risks are inherent to the activity; some are changed, increased or decreased due to the use of Mountain Approach products. You must understand and accept all of the risks of the activity, inherent and others. By understanding these risks, you will have a better trip and enjoy our products.
Skiing and Snowboarding out of bounds has a greater degree of risk. You are solely responsible for your actions and decisions outside a ski area. Familiarize yourself with the use of this product, its limitations and capabilities. Learn proper skiing techniques, avalanche awareness and exercise good judgment in conjunction with using this product. The ski is not designed for downhill use. This binding does not release. Binding heel does not lock down.
Maximum gross weight for user with clothing and equipment 225 lbs.
Backcountry travel will expose you to the risk of injury or death. Rescue will be non-existent or limited when you are out-of-bounds. You use this equipment and ski at your own risk. The risks of Skiing, Ski Boarding, Telemark Skiing, Snowboarding and moving uphill using Mt Approach products or any other way includes but are not limited to boarding, riding and disembarking ski lifts; changing weather conditions, avalanches, exposed rock, earth, ice and other natural objects, trees, tree wells, tree stumps and forest dead fall; the condition of snow or ice on or beneath the surface; changes or variations in the terrain which may create blind spots or areas of reduced visibility; changes or variations in the surface of sub-surface, including changes due to man-made or artificial snow; variable and difficult snow conditions; streams, creeks and exposed holes in the snow pack above streams or creeks; cliffs; crevasses; snowcat roads, road-banks or cut-banks; collision with lift towers; fences, snowmaking equipment, snow grooming equipment, snowcats, snowmobiles or other vehicles, equipment or structures; collision with other skiers or snowboarders; the failure to ski or snowboard safely or within one’s own ability or within designated areas; negligence of other skiers and snowboarders.
Snowboarding is quite different from downhill skiing. I understand there are several differences in the way the board and bindings work. I understand that snowboard bindings do not release. In general, this type of winter on-snow activity has different risks than downhill skiing and I understand and accept these risks.
Because the binding does not release you from the board, a major risk if snowboarding is falling headfirst into a tree well or pit. A tree well is the area immediately around the trunk of a tree where the snow is not as thick or may be empty of snow. Falling into a tree well headfirst may suspend a boarder upside down with no way of extricating himself or herself from the position.
Snowboarders fall differently than skiers. Fallers frequently have the opportunity to brace themselves before impact with the hands, frequently causing wrist and hand damages. Snowboarders frequently fall backwards injuring their buttocks or head.
When skiing or boarding out of bounds I understand there may be unmarked and hidden dangers. You will constantly need to be aware of your travel and your partner’s travel. Vigilance is necessary to decrease your chances of injury or death traveling in mountainous terrain.
You may be trek to altitudes to which you will not be accustomed. Altitude sickness is the term used to describe the effects on a human body at altitudes higher than the person is accustomed to. Altitude sickness symptoms include nausea, headaches, and a loss of appetite.
High Altitude Pulmonary Edema (HAPE) and High Altitude Cerebral Edema (HACE) occur when you are at high altitudes and have not acclimated properly. HAPE and HACE can be fatal if not treated quickly. Treatment is quick decent to a lower altitude and oxygen.
Avalanches are a constant danger in the mountains. If you are trapped in an avalanche you can be injured by the avalanche or trapped in the avalanche, which may kill you. Avalanche forecasting is difficult and not a science. You should be well trained in the use of a beacon before venturing in avalanche country. You should carry avalanche airbags or other equipment to increase your chances of survival and know and understand how to use all of your and any partner’s equipment.
Skiing includes a high degree of risk for Hypothermia. Hypothermia is the name for a medical condition where the core body temperature drops to a point that the body is unable to maintain and heat itself. Being wet and in the wind contributes to Hypothermia. You need to understand hypothermia and to have adequate and the correct clothing to combat Hypothermia. Hypothermia can quickly result in death.
It is also possible that some participants would suffer mental anguish or trauma from the experience or their injuries.
This list is not an exclusive or exhaustive list of possible injuries; trauma or accidents that may occur while skiing, snowboarding, snowshoeing and using Mountain Approach products. Most of these injuries are rare and you are not likely to encounter them. However, they have occurred, and you need to know about them and other possible injuries not mentioned above. These injuries occur more often when the participants are using drugs or alcohol or not physically able to undertake the activity.
I certify that my family, including minor children and myself are fully capable of using Mountain Approach equipment. I state that I have read the above statement on some of the possible risks in this activity. Therefore, I assume full responsibility for myself, my family, including minor children, for bodily injury, death, and loss of personal property and any expenses as a result of my negligence, negligence of my family, or the negligence of Mountain Approach. I hereby expressly consent and assume all risks of the activity for myself and my family including the risks associated with traveling to and from the activity. My family and I are in good physical condition and able to undertake this activity.
I have reviewed the Mountain Approach website (www.mtnapproach.com) and the Mountain Approach manual and I am familiar with how the product is to be used, the restrictions on the use of the product and other information and risks associated with using the product found on the sites. I have reviewed allwarnings and labels on the products and in the manual. I understand that I will need to view the sites on a regular basis to stay aware of any changes in the product, possible recalls with the product or other information.
CONTRACT, WAIVER, RELEASE, AND INDEMNIFICATION
I agree to indemnify and hold harmless Mountain Approach their agents and employees from all claims, damages, losses, injuries, and expenses arising out of or resulting from my families or my use of any Mountain Approach products. I agree that Mountain Approach has a subrogation/right to indemnification for my actions based on any permit, grant, contract, or agreement with third parties or litigation from or by any party. I further agree to release, acquit, and covenant not to sue Mountain Approach, their agents, and employees for all actions causes of action, claims or damages, damages in law or remedies in equity of whatever kind, including product liability claims or the negligence of Mountain Approach, negligence of another participant, or my family, myself, or my heirs, against Mountain Approach arising out of the use of this equipment or backcountry skiing. In short, I cannot sue Mountain Approach or anyone else for any reason if I or my family or minor child may receive an injury and if I do, I cannot collect any money.
I understand that that skiing, boarding and winter travel and using Mountain Approach products is not a necessity nor required for everyday life. I have adequate health, disability, and life insurance for my family and myself.
I agree to indemnify, agree to subrogation and reimburse Mountain Approach for any damages, costs, fees or expenses they expend on me or my families behalf including the cost of any Search and Rescue or for any damages I may do to third parties. I understand this means I am the insurer for the Mountain Approach for any actions or damages I or my family may incur.
I agree to the site of any lawsuit and the law governing any such lawsuit shall be Blaine County Idaho and governed by Idaho law. All changes or alterations to this document must be in writing and approved by both parties.
As liquidated damages, I hereby agree that if Mountain Approach is forced to defend any action, lawsuit or litigation or for breach of the covenant not to sue or the covenant of good faith and fair dealing, by myself, my executors, or my heirs, on my family's or my behalf, my heirs or executors and I agree to pay Mountain Approach’s costs and attorney fees if they successfully defend such action, lawsuit or litigation. Should any sentence, clause, paragraph, or part of this agreement be declared unenforceable by a court of competent jurisdiction, the remaining parts or paragraphs shall remain in full force and effect. This release is intended to be interpreted as broadly as possible to affect the intent and purpose of the release.
I have read the all warnings on the product and in the manual. I have read the manual and I am familiar with how the product works. I have reviewed the manual as well as this page and the website and I am familiar with the risks of the activity and of the product.
RESTOCK FEE FOR RETURNS:
All returns will be charged a 2% restock fee.
WHAT TO EXPECT WHEN YOUR ORDER IS PLACED:
1) Order Confirmation / Receipt Email (within 15 min of submitting the order)
2) Our goal is to get your products shipped as soon as possible. Some of our products are assembled at the time of order. We ship most orders within 3-4 business days excluding holidays. Expedited ship within 2 business day excluding holidays.
3) Shipping Confirmation Email with a tracking number once your order ships.
I Have Read and Understood this Agreement. I Am Voluntarily Signing this Agreement. I understand I am giving up certain legal rights.