IN CONSIDERATION OF the risk of injury that exists while participating in MOUNTING AND USING COOLERS ON WATER CRAFTS AND OTHER VEHICLES (hereinafter the＂Activity") ;and
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also includeReleasor's parents or guardian if Releasor is under 18 years of age) , knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge KOOL KOOLERS, IT'S PRINCIPALS AND SUPPLIERS, located at 4641 Stag Thicket Ln, Brunswick, Ohio 44212, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM
PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. IAM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT,TEMPORARY OR PERMANENT DISABILITY (INCLUDING
PARALYSIS),ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE
INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS'NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S).NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees 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's fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf ofReleasees. In the event that I should require medical care or treatment, I authorize KOOL KOOLERS, IT'S PRINCIPALS AND SUPPLIERS to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss.I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the KOOL KOOLERS, IT'S PRINCIPALS AND SUPPLIERS official or agent, regarding my approval to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER
AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE KOOL KOOLERS, IT'S PRINCIPALS AND SUPPLIERS AND ALL OF ITS AFFILIATES,MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS,REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANYAND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST KOOL KOOLERS, IT'S PRINCIPALS AND SUPPLIERS FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of KOOL KOOLERS, IT'S PRINCIPALS AND SUPPLIERS, its agents, and employees.
I agree that this Release shall be governed for all purposes by Ohio law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL ANDALL SUBSEQUENT EVENTS OF PARTICIPATION.
By purchasing products from KOOL KOOLERZ, and subsequently accept delivery of said products constitute that THIS AGREEMENT was entered into without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength.
Both purchaser of products, and KOOL KOOLERS, IT'S PRINCIPALS AND SUPPLIERS agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be 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 agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be 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 and hereby agreed.
General statement: This coolers purchased is intended to store beverage and/or food item ONLY and should only be used for such purposes and no other purpose.
The products(s) are sold on an "As Is Basis" and by accepting it's purchase and/or accepting delivery of the product, Kool Koolerz ad a company or it's principals and supply partners, and associated individuals and principals will accept no liability and there is no basis for any present or future action, suit proceeding, hearing, investigation, charge, complaint, claim or demand against any person and/or company giving rise to any liability arising out of any injury to any individual or property as a result of ownership, possession, or use of any product manufacturer, sold, leased or delivered by us and/or the company.
- COMMON SENSE MUST BE USED WHILE USING THE PRODUCTS.
- CHILDREN SHOULD BE MONITORED DURING SET-UP AND USE.
- THESE PRODUCTS ARE NOT TOYS AND SHOULD BE TREATED AS SUCH. NOT TAKING PROPER AND NECESSARY PRECAUTIONS PRIOR TO USE MAY CAUSE INJURY TO USERS OTHERS, AS WELL AS PROPERTY.
- COOLERS SHOULD NOT BE USED AS A SEAT OF ANU KIND, AS A PLATFORM TO JUMP OF OR LAUNCH, OR AS A PLATFORM TO RE-BOARD AT ANY TIME. COOLER IS INTENDED TO STORE FOOD AND BEVERAGES.
4641 Stag Thicket Lane, Brunswick, Ohio 44212, United States
Copyright© 2023 KOOL-KOOLERZ - All Rights Reserved.
- PATENT PENDING -