FLXKITERS LLC LAUNCH RITE PROTOTYPE WAIVER OF LIABILITY
1. Implied Agreement
By accepting and taking possession of a Launch Rite (the ‘prototype’) you (the ‘receiver’) implicitly enters into an agreement to test and evaluate a prototype that is a commercially unavailable and is provided at no cost from FLXkiters LLC (the ‘inventor) and agrees to be bound by all terms presented in this Waiver.
2. Release of Liability & Limitation of Liability
The receiver acknowledges that the prototype has not been subject to rigorous testing beyond the bench testing and field trials that involved typical kiteboarding anchors (sand screws and fence posts) in typical kiteboarding location conditions (fine sand, gritty sand and clayey sand) conducted by the inventor and that the prototype may be subject to changes, including but not limited to: design, claims, physical properties and additional components. The receiver further acknowledges that the use of the Launch Rite could result in damage to the receiver’s kiteboarding equipment (e.g. kite, anchor, lines, bar, harness etc.). Improper use of the prototype beyond the inventor’s recommendations on the inventor’s website could result in health hazards, injuries and in extreme cases, loss of life. The receiver agrees to indemnify the inventor, defend the inventor, and hold the inventor harmless for any and all liabilities incurred or alleged to the receiver and any other persons as a result of accepting the prototype, or arising out of the use of the prototype. If the receiver allows the prototype to come into the possession of another person(s), or allows another person(s) to utilize the prototype, the inventor will not be held liable for any and all liabilities, injuries or property damage incurred or alleged to said person(s) or any other person(s) as a result ofthe prototype, or arising out of the use of the prototype.
3. Proprietary Information
The receiver agrees not to reverse engineer or attempt to derive the composition or the underlying information of the prototype. The receiver also agrees not to advertise, sell or send the prototype out to any third party without written approval from the inventor.
The inventor warrants that the prototype will arrive undamaged and will be made in accordance to the prototype specifications presented on the inventor’s website. In the event that the prototype is damaged upon receipt, the receiver shall notify the inventor and ship the damaged prototype back to inventor. The inventor will send, at inventor's sole discretion, a replacement. This Warranty shall be effective for returns received within ninety days of the initial delivery of the prototype. The inventor will not accept a return for any other reason. Because the prototype is specially-made, and is not a complete, finished, retail, product in nature, it is the receiver's responsibility to ensure safety the safety of others before allowing others to use the prototype. The inventor disclaims all other representations and warranties, express or implied, including the warranty of fitness for any particular purpose. The foregoing constitutes receiver’s sole and exclusive remedy under this Waiver.
The unenforceability of any portion of this waiver shall not render the remainder of the waiver invalid or unenforceable.
The receiver will be deemed to have implicitly accepted this waiver by accepting, taking possession, testing and evaluatingthe prototype designated as “Prototype Tester ” and/or whose description includes a link to this waiver and states that its possession constitutes an implicit acceptance. The inventor will, at its sole discretion, further require the receiver to sign a copy of this waiver when deemed necessary.