Liability, Waivers, Assumption of Risk
Release and Waiver of Claims Agreement
In consideration of the fact that your use this Mistral product, you hereby agree to the following which is permitted by law:
1. To waive any and all claims that you have or may have in the future against Mistral-RED-DOTDIVISION B.V. a division of Mistral International B.V. (hereinafter MRD), or any of its distributors, resulting from use of this pro- duct and any of its accessories; and
2. To MRD or any of its distributors from any and all liability from any loss, damage, injury or expense that you or any users of this product may suffer as a result of the use of this product, due to any cause whatsoever, including negligence or breach of contract on the partof MRD or any of its distributors, in the design or manufacture of this product.
In further consideration of the sale to you of this product and any of its accessories, you hereby agree to submit to bind¬ing arbitration any and all claims, which you believe you may haveagainst MRD or any of its distributors, arising from the use of any of theMRD equipment. The arbitration shall be pursuant to the rules of the European Arbitration Association.
Arbitration shall be commenced within one (1) year from the date on which any alleged claim first arose. Further, the arbitration shall be held in Wierden, The Netherlands unless otherwise mutually agreed to by all parties. The submission to the European Arbitration Association shall be limited and the arbitration may be enforced by any court of competent jurisdiction.
Binding Effect of Agreement
In the event of your death or incapacity, this Agreement shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives. In entering into this Agreement, you are not relying upon any oral or written representations other than what is set forth in this agreement and User’s Guide.
In entering into this Agreement, you are not relying upon any oral or written representations other than what is set forth in this agreement and User’s Guide.
Assumption of Risk
By purchasing, using and assembling this product, you are agreeing to:
1. Be bound to the terms set forth below; and
2. Require anyone using this product to be bound by such terms.
If you are unwilling to be bound by these terms, return this product before use for a full refund.
Use of this product and any of its accessories involves certain inherent risks, dangers and hazards, which can result in serious personal injury and death. In using this product you freely agree to assume and accept any and all known and unknown risks of injury while using this equipment. The risks inherent in the sport can be greatly reduced by abiding to the Warning and Safety Precautions listed in this User Guide and using common sense.