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Eddie Bauer SUPER - Release of Liability

Eddie Bauer SUPER
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ENGLISH
3
EDDIE BAUER INFLATABLE SUPYAK | USER GUIDE
(ACTUAL COLOR AND MODEL MAY VARY FROM THE BOARD YOU PURCHASED)
RELEASE OF LIABILITY
RELEASE OF LIABILITY, CLAIM WAIVER AND ASSUMPTION OF RISK AGREEMENT
NOTICE TO CONSUMER OF TERMS OF OFFER TO SELL PRODUCT BEFORE USE: This Product is offered for sale subject to and in consideration of the unreserved acceptance by Consumer (that is you,
the Buyer) to be bound by the Assumption of the Risk of use, Waiver of Liability and Indemnification/Hold Harmless of SURF 9, LLC, a licensee of Eddie Bauer, its employees, agents, attorneys, officers,
subcontractors, manufacturers, contained here below (the “Terms”) in addition to the purchase price. Acceptance of the following Terms in addition to the purchase price is essential consideration and
inducement for the sale and use of this Product. Should Consumer not wish to accept these Terms upon review, then please do not purchase this Product or if you have already purchased this Product,
then please return it to the Retailer for a full refund of your purchase price for your rejection of these Terms - whether the Product has been opened or not. Use of this Product by Consumer shall be
notice of Consumer’s unreserved acceptance of these Terms. Thank you for your acceptance and please enjoy this Product safely.
THE “TERMS” YOU, THE CONSUMER (THE BUYER), UNRESERVEDLY ACCEPT PRIOR TO USE OF THE PRODUCT FOLLOW, SO PLEASE READ CAREFULLY:
WARNING ABOUT USE OF THIS PRODUCT AND ASSUMPTION OF RISK OF USE: Please be advised that the use of this Product is inherently hazardous, and you may be exposed to dangers and hazards,
including some of the following: unpredictable ocean, river currents, lightning, hypothermia/heat exhaustion, drowning, death, falls, fractures, concussions, dangerous weather, overexertion, injuries
from lack of fitness or conditioning, equipment failures, or failure to wear a personal flotation device or use other protective gear, and negligence of others. As a consequence of these risks, you may be
seriously hurt or disabled or may die from the resulting injuries, and your property may also be damaged. THEREFORE, Consumer hereby freely ASSUMES the above-mentioned risks as well as other
risks not listed that are may be part of use of this Product, and any harm, injury or loss that may occur to you or your property as a result of use of the Product.
WAIVER AND RELEASE OF LIABILITY:
By use of this Product the Consumer hereby agrees specifically and unreservedly to Waive, Release and promise not to sue for any and all claims, liabilities, causes of action and demands against SURF
9, LLC, a licensee of Eddie Bauer, its employees, agents, attorneys, officers, subcontractors and manufacturers, that in any way arise from the use of this Product for injury, death, pain, loss or harm
that may occur to Consumer, third parties or any personal property. This waiver and release shall include all claims for negligence, breach of contract or design defect, but shall not apply to gross
negligence, wilful misconduct or other liabilities the laws of the State of Florida prohibit waiver and release by agreement.
INDEMNIFICATION, HOLD HARMLESS AND DEFEND:
The Consumer agrees to INDEMNIFY, HOLD HARMLESS and DEFEND SURF 9, LLC, a licensee of Eddie Bauer, its employees, agents, attorneys, officers, subcontractors, manufacturers, from any loss,
demand, damage, liability, judgments or costs, including attorneys fees and costs incurred, by reason of claims waived and released in the immediately foregoing paragraph entitled “WAIVER AND
RELEASE OF LIABILITY” including Consumer’s own negligence and use of the Product.
JURISDICTION, APPLICABLE LAW AND BINDING EFFECT:
Consumer expressly agrees that these Terms are intended to be as broad and inclusive as is permitted by the laws of the State of Florida. The courts of the State of Florida shall have exclusive
jurisdiction as to all causes of action arising from the use of the Product or these Terms. If any portion of this Agreement is held to be invalid, it is agreed that the balance shall, notwithstanding,
continue in full legal force and effect. Consumer agrees that these Terms shall bind the members of Consumer’s family and spouse, if Consumer is alive, and Consumer’s heirs, personal representative/
executor and assigns if deceased.
IF YOU, THE CONSUMER, DO NOT AGREE TO ALL OF THE ABOVE TERMS, YOU MAY NOT USE THE PRODUCT AND SHOULD RETURN THE PRODUCT TO RETAILER FOR A COMPLETE REFUND OF THE
PURCHASE PRICE.
Made in China
Assembly required
For outdoor use only
Keep away from flame
or direct heat source
This is not a toy
FOR WARRANTY INFORMATION, PARTS / ACCESSORIES
AND CUSTOMER SERVICE INQUIRIES (ENGLISH)
CALL 1-866-696-9257
9 AM – 5 PM U.S. EASTERN TIME MONDAY – FRIDAY
EMAIL: CUSTOMERSERVICE@SURF9.COM
SURF 9 LLC
24850 Old 41 Road, #10
Bonita Springs, FL 34135 USA
WWW.EDDIEBAUER.COM