Prospect Enterprise & Development Co., LLC (PEDCO, LLC)
PRODUCT PURCHASE RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISK AGREEMENT.
I am aware that "equine activity" e.g. horseback riding and other equestrian sports events, including professional racing, dressage, show jumping, eventing, polo, vaulting, endurance, harness racing, and others have certain inherent risks, dangers and hazards which can result in serious personal injury or even death.
"Inherent risks of equine activities" means those dangers or conditions which are an integral part of equine activities, including, but not limited to:
"Participant" means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity.
I am also aware that the Hit-air airbag line of safety apparel sold, marketed and or distributed by PEDCO, LLC, Air-Vest.com and BikeBone.com, cannot guarantee protection against injury or guarantee increased safety in all situations. I hereby freely agree to assume and accept any and all known and unknown risk of injury while using any Hit-air airbag safety apparel
As of 2001 there are 45 states with Equine Activity statues that provide that a person may not bring a lawsuit if the activity resulted from an inherent risk of equine activities, with the exception of providing defective tack or failing to match horse with rider. New York has proposed equine activity statue not yet enacted.
ARBITRATION: In further consideration of the sale to me of the listed equipment on my order/orders, I hereby agree to submit to binding arbitration any and all claims which I may have against PEDCO, LLC, BikeBone.com and Air-Vest.com AND Mugen Denko arising from any use of the listed apparel and/or 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 from the date upon which any alleged claim first arose. Further, the arbitration shall be held in State of Georgia 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 in any written material provided by the manufacturer of any purchased equipment, accessory or apparel.
Warning: USE ONLY GENIUNE MUGEN DENKO REPLACEMENT CARTRIDGES