ACCIDENT WAIVER AND RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
This ACCIDENT WAIVER AND RELEASE OF LIABILITY (“Agreement”) is a legally binding agreement made by you, as the purchaser of the Product (“You,” or “Your”), for the benefit of Skinny Golf, LLC (“SKINNY GOLF”, “We,” “Us,” or “Our”). This Agreement sets forth the terms under which SKINNY GOLF will provide you the Product.
BY PURCHASING THE PRODUCT, YOU AGREE TO THE FOLLOWING:
- PRODUCT. The “Product” means the StixPick product sold by Skinny Golf which is an all-in-one scrub brush, groove pick, divot repair and ball marker used for golf.
- ASSUMPTION OF RISK. You are aware that the Product has a sharp, solid brass tip. You are aware that Your use of the Product involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to You or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. You are solely and fully responsible for the safe use of the Product at all times. You agree that the Product may malfunction, even if the Product is properly maintained and that such malfunction may cause injury. You expressly agree and acknowledge that you fully understand and knowingly assume full and complete responsibility for all risks, dangers, and hazards associated with your use of the Product.
- RELEASE. In exchange for providing you the Product, You (acting for You and for all of Your family, heirs, agents, affiliates, representatives, successors, and assigns) hereby expressly fully and forever release, discharge, indemnify, and hold harmless Us, and each of Our owners, managers, affiliates, employees, agents, representatives, successors, and assigns (the “Released Persons”), to the fullest extent permitted by law, for any and all claims, demands, liabilities, disputes, causes of action, proceedings, penalties, fees, costs and expenses (including attorneys’ fees), damages of any kind whatsoever (including consequential, compensatory, or punitive damages), or losses (whether known or unknown, foreseeable or unforeseeable, asserted or unasserted, fixed, conditional, or contingent), that You or any third party may have or may have arising from or related to Your use of the Product under this Agreement (“Claims”), including but not limited to for any property loss or damage, personal injury or loss of life, and whether based upon breach of contract, breach of warranty, negligence or any other legal theory, except for claims based on Released Persons’ gross negligence or intentional misconduct. To the fullest extent permitted by law, such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases.
- MISUSE OF PRODUCT. You agree that Your use of the Product in an unreasonable or unforeseeable manner completely bars any Claims against Release Persons. Examples of misuse include, but are not limited to, using the Product as a golf tee, a toothpick, a hole punch, or for any other purpose other than the Product’s intended use.
- LIMITED LIABILITY. YOU AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY CLAIMS (AS DEFINED HEREIN), AND SKINNY GOLF AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE THEREFOR. THE TOTAL MAXIMUM LIABILITY OF SKINNY GOLF, AND ALL OTHER RELEASED PERSONS FOR ANY AND ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER GROUNDS, IS LIMITED TO THE LESSER OF (1) THE AMOUNT YOU PAID FOR THE PRODUCT, IF ANY, OR (2) ONE HUNDRED AND NO/100 DOLLARS ($100.00). By using the Product, you agree that the exclusions and limitations of liability set out in this Agreement are reasonable. We would not allow you to use the Product without the inclusion of such exclusions and limitations.
- DISCLAIMER OF WARRANTY. To the fullest extent permitted by law, We and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose, and hereby expressly disclaim all representations, warranties, endorsements, or promises, except as specifically set forth herein. The Product is provided "AS IS", "AS AVAILABLE", and “WITH ALL FAULTS”.
- YOU UNDERSTAND THAT BY PURCHASING THE PRODUCT, YOU ARE SIGNING THIS AGREEMENT AND THAT YOU ARE FOREVER GIVING UP ANY LEGAL RIGHTS THAT YOU MAY HAVE TO SUE OR OTHERWISE CLAIM AGAINST SKINNY GOLF FOR ANY INJURY, LOSS, OR DAMAGE TO PERSON OR PROPERTY THAT NOW EXISTS OR MAY ARISE FROM THE PRODUCT DESCRIBED HEREIN.
- You acknowledge and agree that You are signing this Agreement with the express intention of also releasing Skinny Golf’s insurer, if any, from all claims and causes of action of any nature that now exists or may arise from the Product.
- You understand and acknowledge that You may have suffered damages, losses, or injuries to person or property arising from the Product that remain currently unknown and that by signing this Agreement You are releasing these unknown claims.