BK OUTDOORS™ CLIMBING PRODUCTS WAIVER
Liability Waiver & Disclaimer
**Warning**
Use and/or misuse of climbing products sold by BK Outdoors LLC involves serious risks including injury, disability and death. BUYER/USER assumes all risks.
Disclaimer
All BK Outdoors LLC products are sold “As Is” without any warranty, express or implied. Please review carefully. These terms and conditions include limited warranties and disclaimers of liabilities. Using or allowing use of BK Outdoors LLC’s products indicates your agreement to these terms. If you do not wish to agree to these terms, you have 15 days from the date of product delivery to return the unused product.
Use limitation
Modifying, copying, reproducing, selling, or distributing BK Outdoors LLC products is prohibited without written consent from BK Outdoors LLC.
Terms of Use and Consent
By using or purchasing this BK Outdoors LLC product, The BUYER/USER expressly and voluntarily agrees to accept the product with NO WARRANTY as well as all other conditions set forth herein and knowingly and voluntarily assumes all risks associated with the end use of the product. BUYER/USER further agrees that if any provision of this Disclaimer/Liability Waiver is held to be illegal, invalid or unenforceable, such provision shall be stricken from the Disclaimer but the remaining provisions shall remain in full force and effect and shall not be affected by the unenforceable provision. All matters related to the purchase and/or use of this BK Outdoors LLC product shall be governed by the laws of the State of Michigan. BUYER/USER consents to the exclusive jurisdiction and venue of the courts of Muskegon County, Michigan, U.S.A
Associated Risk
BK Outdoors LLC products include devices used in climbing activities associated with hunting and outdoor activities. Our aider products are designed to be used with manufactured climbing sticks designed and tested for the hunting industry. Safe use practices and climbing methods are the sole responsibility of the BUYER/USER. Participation in climbing activities is associated with a high level of risk. These risks include, but are not limited to, serious physical injury, disability, and/or death. Use at your own risk.
Assumption of Risk
BK Outdoors LLC assumes no liability for the BUYER/USER’s participation in the associated activities named above. The BUYER/USER assumes all liability for participation in such activities. Purchasing, using, or allowing the use of BK Outdoors LLC’s products, BUYER/USER understands and agrees that activities including climbing are high risk activities and, to the extent permitted by law, BUYER/USER EXPRESSLY AND VOLUNTARILY ASSUMES THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF BK Outdoors LLC including but not limited to equipment malfunction from whatever cause, or any other fault of BK Outdoors LLC.
Additionally, BUYER/USER agrees to indemnify, defend, and hold BK Outdoors LLC harmless from any third party claims arising from such high risk activities or any other activity.
Inspect Before Each Use
This product must be inspected before EACH use to ensure it has not been damaged. Do not use the product and immediately return to BK Outdoors LLC for a replacement or repair.
Limitation Of Liability
BK Outdoors LLC liability is limited to the repair or replacement of its products which are returned to it in the specified time period. In no event shall BK Outdoors LLC’s liability exceed the value of the product(s) sold. In no event shall BK Outdoors LLC be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever arising out of or connected with the use or misuse of any of its products.
Entire Obligation
The PRODUCT LIABILITY DISCLAIMER document states the entire obligation of BK Outdoors LLC with respect to the products. If any part of this disclaimer is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.
Applicable Law
This disclaimer statement is governed by the laws of the United States. You hereby consent to the exclusive jurisdiction and venue of the Supreme Court of the United States, in all disputes arising out of or relating to the use of this product. Use of this product is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Modification of Terms and Conditions
BK Outdoors LLC reserves the right to change the terms, conditions, and notices under which it’s products are offered.
**Warning**
Use and/or misuse of climbing products sold by BK Outdoors LLC involves serious risks including injury, disability and death. BUYER/USER assumes all risks.
Disclaimer
All BK Outdoors LLC products are sold “As Is” without any warranty, express or implied. Please review carefully. These terms and conditions include limited warranties and disclaimers of liabilities. Using or allowing use of BK Outdoors LLC’s products indicates your agreement to these terms. If you do not wish to agree to these terms, you have 15 days from the date of product delivery to return the unused product.
Use limitation
Modifying, copying, reproducing, selling, or distributing BK Outdoors LLC products is prohibited without written consent from BK Outdoors LLC.
Terms of Use and Consent
By using or purchasing this BK Outdoors LLC product, The BUYER/USER expressly and voluntarily agrees to accept the product with NO WARRANTY as well as all other conditions set forth herein and knowingly and voluntarily assumes all risks associated with the end use of the product. BUYER/USER further agrees that if any provision of this Disclaimer/Liability Waiver is held to be illegal, invalid or unenforceable, such provision shall be stricken from the Disclaimer but the remaining provisions shall remain in full force and effect and shall not be affected by the unenforceable provision. All matters related to the purchase and/or use of this BK Outdoors LLC product shall be governed by the laws of the State of Michigan. BUYER/USER consents to the exclusive jurisdiction and venue of the courts of Muskegon County, Michigan, U.S.A
Associated Risk
BK Outdoors LLC products include devices used in climbing activities associated with hunting and outdoor activities. Our aider products are designed to be used with manufactured climbing sticks designed and tested for the hunting industry. Safe use practices and climbing methods are the sole responsibility of the BUYER/USER. Participation in climbing activities is associated with a high level of risk. These risks include, but are not limited to, serious physical injury, disability, and/or death. Use at your own risk.
Assumption of Risk
BK Outdoors LLC assumes no liability for the BUYER/USER’s participation in the associated activities named above. The BUYER/USER assumes all liability for participation in such activities. Purchasing, using, or allowing the use of BK Outdoors LLC’s products, BUYER/USER understands and agrees that activities including climbing are high risk activities and, to the extent permitted by law, BUYER/USER EXPRESSLY AND VOLUNTARILY ASSUMES THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF BK Outdoors LLC including but not limited to equipment malfunction from whatever cause, or any other fault of BK Outdoors LLC.
Additionally, BUYER/USER agrees to indemnify, defend, and hold BK Outdoors LLC harmless from any third party claims arising from such high risk activities or any other activity.
Inspect Before Each Use
This product must be inspected before EACH use to ensure it has not been damaged. Do not use the product and immediately return to BK Outdoors LLC for a replacement or repair.
Limitation Of Liability
BK Outdoors LLC liability is limited to the repair or replacement of its products which are returned to it in the specified time period. In no event shall BK Outdoors LLC’s liability exceed the value of the product(s) sold. In no event shall BK Outdoors LLC be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever arising out of or connected with the use or misuse of any of its products.
Entire Obligation
The PRODUCT LIABILITY DISCLAIMER document states the entire obligation of BK Outdoors LLC with respect to the products. If any part of this disclaimer is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.
Applicable Law
This disclaimer statement is governed by the laws of the United States. You hereby consent to the exclusive jurisdiction and venue of the Supreme Court of the United States, in all disputes arising out of or relating to the use of this product. Use of this product is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Modification of Terms and Conditions
BK Outdoors LLC reserves the right to change the terms, conditions, and notices under which it’s products are offered.
