Capital Play Trampoline Spares Direct Capital Play USA
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CAPITAL PLAY (WORLDWIDE) LTD. ASSUMPTION OF RISK AND RELEASE OF LIABILITY AGREEMENT

THIS IS A LEGAL DOCUMENT AND, BY CLICKING ON "PROCEED TO CHECKOUT" ON THE BASKET PAGE YOU ARE GIVING UP CERTAIN RIGHTS. PLEASE READ IT CAREFULLY.

This Assumption of Risk and Release of Liability Agreement (“Agreement”) is entered into on the date of your clicking “I Agree”, between Capital Play (Worldwide) Ltd. (“Capital Play”) and you (“Buyer”). As part of the consideration to support the Buyer’s purchase of the trampoline and any accessories (the “Product”), Buyer hereby agrees to the following:

1. ASSUMPTION OF RISK.
I know and understand the scope, nature, and extent of the risks involved using the Product. I understand these risks include, but are not limited to: Product malfunction and/or failure to function; defective and/or negligent design and/or manufacture of the Product; improper and/or negligent preparation of the Product for Buyer; improper and/or negligent operation and/or use of the Product; carelessness and/or negligent instruction and/or negligent supervision before, during or after use of the Product. I voluntarily, freely and expressly choose to incur all risks associated with using the Product covered by this Agreement, understanding that those risks may include personal injury, damage to property, and/or death.

2. EXEMPTION AND RELEASE FROM LIABILITY.

I EXEMPT AND RELEASE CAPITAL PLAY AND ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, REPRESENTATIVES, LESSORS; (THE “RELEASED PARTIES”), FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS OR ACTIONS OR CAUSES OF ACTION WHATSOEVER ARISING OUT OF ANY DAMAGE, LOSS OR INJURY TO ME OR MY PROPERTY, OR MY DEATH, WHILE UTILIZING THE PRODUCT, WHETHER RESULTING FROM THE GROSS NEGLIGENCE, NEGLIGENCE AND/OR OTHER FAULT, EITHER ACTIVE OR PASSIVE, OF ANY OF THE RELEASED PARTIES, OR FROM ANY OTHER CAUSE.

3. COVENANT NOT TO SUE.
I agree never to institute any suit or action at law or otherwise against any of the Released Parties, or to initiate or assist in the prosecution of any claim for damages or cause of action which I may have by reason of injury to my person or property, or my death, arising from the use of the Product, whether caused by the gross negligence, negligence and/or other fault, either active or passive, of any of the Released Parties, or from any other cause. I further agree that my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf, shall not institute any suit or action at law or otherwise against any of the Released Parties, nor shall they initiate or assist the prosecution of any claim for damages or cause of action which I, my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf may have by reason of injury to my person or property, or my death, arising from my use of the Product, whether caused by the gross negligence, negligence and/or other fault, either active or passive, of any of the Released Parties, or from any other cause. I hereby so instruct my heirs, executors, administrators, personal representatives and/or anyone else claiming on my behalf. Should any such suit or action at law or otherwise be instituted against any of the Released Parties, I agree that such Released Parties shall be entitled to recover attorneys’ fees and costs incurred in defense of such suit or action, including any appeals therefrom.

4. INDEMNITY AGAINST THIRD PARTY CLAIMS I will indemnify, defend and hold harmless the Released Parties from any and all losses, claims, actions, or proceedings of every kind and character, including attorney’s fees and expenses, which may be presented or initiated by any other third parties and which arise directly or indirectly from my utilization of the Product, whether resulting from the gross negligence, negligence and/or other fault, either active or passive, of any of the Released Parties or from any other cause.

5. VALIDITY OF WAIVER.

I have read and understand the terms of this Agreement. Capital Play’s sale of the Product is adequate consideration for the agreements and covenants contained in this Agreement. I understand and agree that if I institute, or anyone on my behalf institutes, any suit or action at law or any claim for damages or cause of action against any of the Released Parties because of injury to my person or property, or my death, due to my use of the Product, this Agreement can and will be used as evidence in court.

6. REPRESENTATIONS AND WARRANTIES.
I represent and warrant that I am physically able to operate the Product.
I HAVE CAREFULLY READ THIS DOCUMENT, FULLY KNOW AND UNDERSTAND ITS CONTENT, AND AGREE TO IT OF MY OWN FREE WILL.

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