Release of Liability

RELEASE OF LIABILITY

By assembling and using this product (“Product”), you agree that you have read and understand the entire Arba International instruction manual and the on-product warnings and labels, including all instructions and warnings contained in these materials, prior to using the Product, and that copies of such warnings, labels and instructions have been made available to you. You also agree that by assembling and using this product, that you are agreeing to the terms of this Release of Liability (this “Release”). You agree to wear all recommended protective apparel and to use the Product only according to the instructions provided in the instruction manual and the on-product warnings and labels. You agree not to use the Product under the influence of alcohol, drugs, or anything that could impair your faculties and/or judgment and that you do not have any physical or mental disabilities that may interfere with your use of the Product. You additionally agree that you will ensure any additional or subsequent users of the Product will read and understand the entire instruction manual, the on-product warnings and labels, and this Release. Misuse or improper use of the Product could result in risks, dangers, and hazards which may result in serious injury or death. BY USING THE PRODUCT, YOU ACKNOWLEDGE AND UNDERSTAND THAT THE ACTIVITY FOR WHICH THE PRODUCT IS DESIGNED IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, AND EVEN DEATH. BY USING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITY FOR WHICH THE PRODUCT IS INTENDED AND AGREE TO ACCEPT AND ASSUME ANY AND ALL KNOWN AND UNKNOWN RISKS OF INJURY, DISABILITY AND EVEN DEATH ARISING FROM YOUR PARTICIPATION, INCLUDING THOSE RISKS CAUSED BY ACTIONS OR NEGLIGENCE OF RELEASEES AND/OR ANY DESIGN, MANUFACTURING OR ASSEMBLY DEFECTS IN THE PRODUCT.

Your assembly and use of the Product shall also constitute a release, to the fullest extent permitted by law, of Arba International LLC and each of its related, constituent, or affiliated entities including each of its managers, members, officers, agents, dealers, employees and any party participating in the design and/or manufacture of the Product (“Releasees”) from liability relating to your use or any user’s use or operation of the Product, whether arising out of the negligence or breach of contract of any Releasee or otherwise. To the fullest extent permitted by law, you agree to waive any claims which you may now have or may have in the future against Releasees, by reason of any loss, damage, injury, and/or expense you or any user may sustain arising out of your use or any user’s use of the Product and agree not to bring any claim against any Releasee in respect of such matters. To the fullest extent permitted by law, you further agree, on behalf of yourself, spouse, heirs, agents, assigns, successors, and representatives, to release, discharge, indemnify, defend or hold each and all Releasees harmless from and against any and all claims, causes of action, demands or charges of any nature, including but not limited to claims with respect to the design, manufacture, assembly, preparation, repair or maintenance of the Product, or with respect to the conditions, qualifications, instructions, rules or procedures under which the use of the Product is permitted or conducted, or from any other cause, arising out of or resulting from your use or any user’s use of the Product, including any claim relating to your own negligence or the negligence of the Releasees (in whole or in part and due to negligence or not).

Arba International LLC and related parties have not made and hereby expressly deny any oral or written representations and/or warranties, including without limitation any warranty of merchantability or fitness for a particular purpose, other than those that may be set forth in the Product’s instruction manual.

If any term or provision of this Release is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Releasees and you and your respective successors assign and permitted users of the Product. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the laws of the State of Delaware without regard to the conflict of law rules thereof.

If any term or provision of this Release is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Releasees and you and your respective successors assign and permitted users of the Product. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the laws of the State of Delaware and the state of Washington without regard to the conflict of law rules thereof.