Liability Waiver and Release

Liability Waiver and Release

Each purchaser (Purchaser, also referred to as I or me) purchasing any item (Item) offered for sale via this website or any other medium, which is organized or operated by George Gankas, Gankas Enterprises, Inc. (Company) or its affiliates or subsidiaries, must read and agree to this Liability Waiver and Release (Agreement). In consideration for being allowed to purchase any Item, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I agree as follows:

  1. Voluntary Participation. I understand that my purchase of any Item is strictly voluntary and entirely at my own risk. I acknowledge that my consent to the terms set forth in this Agreement is material inducement for Company to allow me to purchase of any Item, and Company would not do so in the absence of my consent as evidenced by my signature below. 
  1. Risk of Personal Injury. I am aware of the risks associated with purchasing any Item offered for sale, 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, or the condition of the Activity location. Nonetheless, I assume all risks, either known or unknown to me, of my purchase of any Item.
  1. Waiver and Release. On behalf of myself and my successors, assigns, heirs, devisees, estate, and executors (collectively, Successors), and to the fullest extent permitted by law, I unconditionally and forever release, waive, covenant not to sue, agree to hold harmless, and discharge Company and its affiliates and subsidiaries, along with each of their officers, directors, employees, agents, and contractors (collectively, Released Parties), from all claims, judgments, costs, damages, losses, expenses, and liabilities, whether arising under a theory of contract, warranty, negligence, strict liability, product liability, or any other theory, relating to any claim I may have now or in the future with respect to any death, disability, personal injury, property damage, property theft, pecuniary or other loss, damage, cost, or expense, including reasonable attorney’s fees (collectively, Damages), that may be suffered by me or any third party as the purchase and use of any Item even if the Damages are caused solely by the recklessness, negligence, or fault of one or more Released Parties (collectively, Released Claims).

I specifically understand that Company and Released Parties are not insurers of my conduct, and I agree that this Agreement will prevent me and my Successors from bringing a lawsuit, claim, or other action against Company and Released Parties and from recovering any money damages, or other legal relief from Company and Released Parties in connection with any claims for Damages related to the Released Claims.

  1. Consent to Medical Treatment. I consent to receive medical treatment which may be deemed advisable in the event of injury, accident, or as a result of my use of any purchased Item. I agree to pay for all costs related to medical response, treatment, and transport on my behalf. I further warrant and represent that I have health, accident, and life insurance (Insurance) adequate for my needs and that the Insurance provides coverage with respect to the purchase of any Item.
  1. General Conditions. This Agreement should be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. If any court of law finds any provision of this Agreement to be unenforceable in any respect, it is my intention and understanding that the court will nonetheless enforce this Agreement to the maximum legal extent. To the extent permitted by applicable law, I waive the benefit of any provisions of any statute or other law that might adversely affect the rights of Company or Released Parties under this Agreement. This Agreement is governed by the laws of California, without reference to its choice of law rules. I irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located at Ventura County California, with respect to any Released Claims, and I agree not to commence or prosecute any claim in any other court or jurisdiction.
  1. Acceptance by Participant. I affirm that I am freely signing this Agreement as an acceptance of the terms and conditions of this Agreement. I certify that I have read this Agreement, that I fully understand its content, and that this Agreement 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.