Black Triangle Release, Assumption of Risk, Waiver of Liability, and Indemnity Agreement
IMPORTANT: PLEASE READ CAREFULLY BEFORE PURCHASING OR USING ANY BLACK TRIANGLE PRODUCT.
By purchasing or receiving any item produced by Black Triangle (the "Product"), you (the "Buyer") acknowledge and agree to the following:
1. Assumption of Risk: You understand that Black Triangle products, particularly knives and other edged tools, can be dangerous if used improperly. You assume all risks associated with the purchase, possession, ownership, use, transportation, or storage of the Product.
2. Compliance with Laws: You are solely responsible for researching and complying with all applicable federal, state, local, and international laws related to the possession, ownership, carry, shipment, transport, and use of the Product. Black Triangle is not responsible for any legal consequences resulting from your non-compliance with such laws.
3. Waiver of Liability: You expressly waive and release Black Triangle from any and all claims, demands, losses, liabilities, or damages arising directly or indirectly from:
- The purchase, possession, ownership, transportation, or use of the Product.
- Any injury, death, or property damage resulting from the misuse of the Product.
4. Indemnity: You agree to indemnify and hold harmless Black Triangle, its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, losses, liabilities, or damages (including reasonable attorneys' fees) arising out of or in any way connected with your purchase, possession, ownership, transportation, or use of the Product.
5. Age Requirement: You represent and warrant that you are at least eighteen (18) years of age to purchase any Black Triangle Product.
6. Disclaimer of Misuse: Black Triangle is not liable for any misuse of its Products, regardless of whether purchased directly from Black Triangle or a reseller.
7. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of [State Name], without regard to its conflict of laws principles.
8. Entire Agreement: This Agreement constitutes the entire agreement between you and Black Triangle with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
9. Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
10. Waiver: No waiver of any provision of this Agreement by Black Triangle shall be deemed a further or continuing waiver of such provision or any other provision.
11. Headings: The headings used in this Agreement are for convenience only and shall not be considered in construing this Agreement.
BY PURCHASING OR USING ANY BLACK TRIANGLE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS RELEASE, ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT.