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Customer’s Acknowledgments. Customer understands and acknowledges that products purchased from
Nemesis Industries, Inc.TM (“Nemesis”) are designed to protect against certain types of property damage from
minor impacts, but are not designed as a crash safety device, or as an impact resistant product designed for
the protection of occupants, but instead are cosmetic enhancements to assist in protecting against minor
impact damage with certain stationary obstacles. As a result, Customer also understands and acknowledges
that the installation of Nemesis products on a Vehicle and the voluntary use of that Vehicle for off-road
activities (each, hereinafter, and “an Off-Road Activity”) is inherently dangerous and hazardous and can result
in damage to the Vehicle, to others, to the property of others and in the serious bodily injury or death to
Customer or others.
Use in an Off-Road Activity. By accepting a Nemesis product and using such product in any Off-Road
Activity, Customer accepts and agrees to all of the terms described below (the “Release”); provided that
Customer may in lieu of accepting the terms of this Release and prior to installation, elect to return any
Nemesis product and receive a full refund. Such return may be initiated by contacting a Nemesis sales
representative or by directly contacting Nemesis at (303) 974-2440 or at www.nem-ind.com for the issuance
of a call tag for the product in question. Once the product being returned has been received by Nemesis in
good condition, a full refund will be issued minus shipping charges.
Assumption of Risk and Release. Customer assumes all risk and responsibility of engaging in an Off-Road
Activity which is acknowledged as being inherently dangerous. Customer understands that persons par-
ticipating in an Off-Road Activity must possess specialized knowledge and skills, and in voluntarily deciding
to do so, Customer assumes all risks inherent therein which may be encountered at any time in connection
with an Off- Road Activity. With full knowledge of the above and all risks inherent therein, Customer and
others who may voluntarily choose to engage in an Off-Road Activity accepts full responsibility for and
assumes all risks associated with engaging in an Off-Road Activity, whether known, unknown, or inherent,
and acknowledge and agree that such persons are assuming all responsibility for any and all consequences
resulting from the participation in an Off-Road Activity, including, but not limited to, injury and/or death to
Customer or others and damage to the Vehicle and other property. Customer and each other participant in
any Off-Road Activity hereby release, and forever discharge and shall hold harmless each other and Nemesis,
including all of their respective predecessors, affiliates, successors, assigns, partners, venturers, principals,
officers, directors, managers, shareholders, attorneys and agents and their respective insurance carriers (the
“Released Parties”)and hereby release and forever discharge, indemnify and hold harmless the Released
Parties, and any and all persons claiming under them, however involved, of and from any and all liability for
any and all claims, demands, damages and costs, liabilities, losses, expenses, obligations, compensations,
reimbursements, actions, rights, loss of profits, and rights and causes of action, of every kind and nature
whatsoever, including court costs and attorney fees, whether known or unknown, which Customer and any
other participant may now have, or claim at any future time to have, arising from or growing out of, or by
reason of, or based in whole or in part upon, any act, omission, event, transaction, matter or thing involved,
alleged or referred to, whether direct or indirect, involving an Off-Road Activity.
Release of Unknown Claims. Customer and any other participant fully realize that in participating in an Off-
Road Activity they may sustain unknown and unforeseen losses, costs, expenses, damages, liabilities, and
claims, and the consequences thereof, which may be at this time, and hereafter unknown, unrecognized and
not contemplated by them. By participating in an Off-Road Activity, Customer and any other participant
intend to release the Released Parties from any and all liability for any and all such unknown and unforeseen
losses, expenses, damages, costs, liabilities, and the consequences thereof, not known, recognized nor
contemplated at any time by them, which result or may result from an Off-Road Activity. Customer and any
other participant expressly and forever waive any right to assert that this Release was the result of a mistake
of any kind, waiving all claims based upon the doctrine of mistake.
Assumption of Risk, Indemnity and Release:
