WAIVER AND RELEASE OF LIABILITY
I understand that I am purchasing aftermarket products from WCI Offroad, LLC and understand and accept the potential consequences of installing aftermarket products on my off-road vehicle. I understand that installing aftermarket parts may change the center of gravity, rollover resistance, ride characteristics, performance, and general operation of my off-road vehicle and potentially void manufacturer warranties. I understand that I am solely responsible for familiarizing myself with the handling, performance, and operation of my off-road vehicle upon installation the products purchased from WCI Offroad, LLC.
I understand that driving off-road vehicles is a potentially dangerous activity. I am aware of the risks associated with driving off-road vehicles, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, economic or emotional loss, and death. I understand these injuries or outcomes may arise from my own negligence or others’ negligence.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of said care or treatment. I am aware and understand that I should carry my own health insurance.
I understand that roll cages sold by WCI Offroad, LLC are not certified rollover protection system (“ROPS”) devices and cannot prevent injury or death in a rollover or any accident or crash.
DISCLAIMER OF WARRANTIES:
I UNDERSTAND THAT EXCEPT TO THE EXTENT THAT WCI OFFROAD, LLC HAS MADE ANY EXPRESS WRITTEN WARRANTIES, ALL EXPRESS OR IMPLED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY WCI OFFROAD, LLC. I UNDERSTAND THAT TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED; SUCH WARRANTY IS LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS FROM PURCHASE. I UNDERSTAND THAT SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND THAT THIS EXCLUSION MAY NOT APPLY TO MY PURCHASE. I UNDERSTAND THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS I PURCHASE IS WITH ME AND THAT SHOULD THE PRODUCTS PROVE DEFECTIVE FOLLOWING THEIR PURCHASE, I, AND NOT WCI OFFROAD, LLC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
RELEASE OF LIABILITY:
I, FOR MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, OR PERSONAL REPRESENTATIVES, HERBY RELEASE, WAIVE, DISCHARGE AND RELINQUISH ANY ACTION OR CAUSES OF ACTION WHICH MAY HEREAFTER ARISE FOR MYSELF OR MY ESTATE, AND AGREE THAT UNDER NO CIRCUMSTANCES WILL I OR MY HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, OR PERSONAL REPRESENTATIVES PROSECUTE, PRESENT ANY CLAIM FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH AGAINST WCI OFFROAD, LLC OR ITS MEMBERS, MANAGERS, AGENTS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS FOR ANY OF SAID CAUSES OF ACTION, WHETHER THE SAME SHALL ARISE BY THE NEGLIGENCE OF ANY OF SAID PERSONS, OR OTHERWISE. IT IS MY INTENT TO EXEMPT AND RELIEVE WCI OFFROAD, LLC AND ITS MEMBERS, MANAGERS, AGENTS, EMPLOYEES, AFFILIATES, SUCCESSORS AND ASSIGNS FROM LIABLITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSE BY NEGLIGENCE.
LIMITATION ON LIABILITY:
I ACKNOWLEDGE THAT IF WCI OFFROAD, LLC IS FOUND TO BE LIABILE, THE TOTAL LIABILITY OF WCI OFFROAD, LLC TO ME FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, IF ANY, (WHETHER IN CONTRACT, TORT (INCLUDLING NEGLIGENCE) OR OTHERWISE) SHALL NOT EXCEED THE TOTAL PURCHASE PRICE PAID FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM.
I agree to indemnify and hold harmless WCI Offroad, LLC against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney fees and any related costs, if litigation arises pursuant to any claims made by me or any anyone else acting on my behalf.
In the event that any provision contained within this Release of Liability is deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this Release of Liability shall remain in full force and effect, so long as the severed clause does not affect the intent of the parties. If a court should find that any provision of this agreement is invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed, and enforced as so limited.
I AFFIRM THAT I AM 18 YEARS OF AGE OR OLDER AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.
/s/ electronic signature of buyer