HILL HIKER LIABILITY RELEASE, WAIVER, AND INDEMNITY AGREEMENT FOR
REMOTE TROUBLESHOOTING SUPPORT SERVICES
In consideration of Hill Hiker, Inc. (“Hill Hiker”) providing remote telephonic or on-line troubleshooting support services to me, I agree and/or represent that:
1. I am an owner of, or authorized technician working on, a Hill Hike® lift system. I warrant that I either have the required licensures or certifications (including any federal, state, municipal, or other certifications or licenses required) to work on the Hill Hiker® system as an elevator contractor or mechanic, or that I otherwise am authorized by law, regulation, code, ordinance, or statute to perform such work (including any maintenance, adjustment, repair, replacement, or other similar work). I warrant that I am and shall be responsible for any others who I may choose to have assist me in working on the Hill Hiker® system.
2. Hill Hiker’s remote support services are provided on a first-come, first-served basis. The remote support services only include: remote requests for information by owners of or authorized technicians working on Hill Hiker® lift systems; remote review of product specifications, including installation specifications; and general reference information relating to Hill Hiker® lift systems.
3. Hill Hiker reserves the right to discontinue or decline to provide the support services for any reason.
4. I understand that my use of or participation in Hill Hiker’s remote support services is voluntary. I acknowledge that Hill Hiker makes no verbal or written warranties, either expressed or implied, on the support services rendered by Hill Hiker. I assume all risks of my use of or participation in Hill Hiker’s remote support services, whether known or unknown to me, including assumption of all responsibility for my personal safety and the safety of any others who I may choose to have assist me in working on the Hill Hiker® system.. Knowing and understanding these risks, I assume all responsibility for any use of or reliance upon information received from Hill Hiker. I assume all risk for any damages, to my Hill Hiker® lift system or otherwise, that may result from my use Hill Hiker’s remote support services.
5. In consideration for participating in the Hill Hiker remote support services, I release Hill Hiker from liability and waive my right to sue Hill Hiker, their shareholders, officers, employees, and agents (“the Released Parties”) from any and all claims, including claims of Hill Hiker’s negligence, resulting in any physical injury, illness (including death) or economic loss I may suffer or which may result from my participation in in the Hill Hiker remote support services, or any events incidental to my use of the Hill Hiker remote support services.
6. On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to indemnify and hold each of the Released Parties harmless from and against any and all claims made or incurred by anyone, including myself, arising out of or in any way relating to my use of or participation in Hill Hiker’s remote support services. My indemnification obligations shall include, without limitation, all attorneys’ fees and costs incurred by any of the Released Parties through and including any appeals. I understand and agree that I am not relying on the Released Parties to have arranged for, or carry, any insurance of any kind for my benefit relative to my use of or participation in Hill Hiker’s remote support services, and that I am solely responsible for obtaining any mandatory or desired life, travel, accident, property, or other insurance related to my use of or participation in Hill Hiker’s remote support services, at my own expense.
7. I further acknowledge and agree that if any warrant I have made to Hill Hiker in this agreement is false, I will waive all rights to pursue claims against Hill Hiker, and will be responsible for paying any damages incurred by Hill Hiker in defending or bringing any claims arising from my breach of warranty, including all attorneys’ fees, costs, or disbursements incurred by Hill Hiker, as well as any actual damages or consequential damages.
8. I have read this document, and I am signing it freely. I understand the legal consequences of signing this document, including (a) releasing the Released Parties from all liability, (b) waiving my right to sue the Released Parties, (c) and assuming all risks of participating in Hill Hiker’s remote support services.
9. Waiver of California Civil Code § 1542: I acknowledge and agree that I am familiar with, understand, and do waive any rights and benefits of the provisions of Section 1542 of the California Civil Code, and any similar provisions of other jurisdictions, which provides that:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
10. Governing Law: This Form will be governed by the laws of the State of Minnesota, without respect to any conflict of laws provisions, and any legal action relating to or arising out of this Form will be commenced exclusively in Hennepin County District Court in the State of Minnesota, AND I SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY.
