BEE ENTERPRISES, LLC
D/B/A BEE REAL ARCHERY
DISCLAIMER, WAIVER, AND RELEASE OF LIABILITY FOR CUSTOM PRODUCTS
Please read this agreement carefully. It contains important information about custom products offered by Bee Enterprises, LLC, an Iowa limited liability company d/b/a Bee Real Archery (“Bee Real Archery”). This agreement disclaims warranties and seeks protection from claims arising from purchase of custom products. All customers must sign this agreement in connection with placing a custom order. Please direct questions to _____________________.
In consideration of being permitted to purchase custom products from Bee Real Archery, I acknowledge and agree as follows:
1. CUSTOM PRODUCTS: Bee Real Archery customers have the option to select custom
components and/or specifications for arrows, including, without limitation, shafts and
length of each, points, collars, nocks, wraps, and vanes (each a “Component”). Upon
purchase, Bee Real Archery assembles the Components (“Assembly”) and ships
completed arrow(s) to customers (“Custom Product(s)”).
2. CUSTOMER’S DISCRETION. I understand and agree that I am solely responsible for
selecting each Component of a Custom Product. In exercising my discretion, I am relying on my own skill and judgment and not that of Bee Real Archery.
3. ASSUMPTION OF RISK. I also understand that archery is an inherently dangerous and
high risk activity, whether archery equipment is used by myself or others. The risks
cannot be eliminated without destroying the unique value and character of archery and may cause property damages, serious personal injury, and even death. My participation in archery and my purchase and subsequent use of custom arrows from Bee Real Archery (the “Activities”) are both voluntary. I understand the risks described above and that other risks will be encountered. I willingly assume all risks arising from the Activities, inherent and not, and whether or not described above.
4. MANUFACTURERS: The shipment of each Custom Product includes the warnings,
literature, and/or warranties provided by the manufacturer of each Component, the scope of which each manufacturer determines in its sole discretion and over which Bee Real Archery has no control. Upon my written request, Bee Real Archery will provide copies of the foregoing to me prior to purchase. I understand and agree that manufacturers may not provide warranty support for Components that are altered or changed from their original state without the manufacturer’s consent, which may include Assembly by Bee Real Archery.
5. DISCLAIMER AND WAIVER OF IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE: BEE
REAL ARCHERY MAKES NO WARRANTY OF MERCHANTABILITY AND
NO WRRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE WITH
RESPECT TO ANY COMPONENT OR ANY COMBINATION OF
COMPONENTS THAT I SELECT FOR EACH CUSTOM PRODUCT OR THE ASSEMBLY THEREOF. BEE REAL ARCHERY MAKES NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT
THE MERCHANTABILITY, SAFETY, OR APPROPRIATENESS OF ANY
COMPONENT, CUSTOM PRODUCT, OR THE ASSEMBLY THEREOF. I
UNDERSTAND AND AGREE THAT I AM PURCHASING EACH CUSTOM
PRODUCT “AS IS,” WITH ALL FAULTS AS SUPPLIED BY THE
MANUFACTURERS. THERE ARE NO WARRANTIES BEYOND THOSE
PROVIDED BY THE MANUFACTURERS OF INDIVIDUAL COMPONENTS.
ALL COMPONENTS AND CUSTOM PRODUCTS ARE SOLD “AS IS” WITH
RESPECT TO THEIR ASSEMBLY, COMBINATION AND USE TOGETHER.
6. AGREEMENTS OF RELEASE AND INDEMNITY: To the fullest extent allowed by
law, I agree (for myself and for my personal representatives, heirs, and family members) to waive and release from liability and not to sue the Released Parties (defined herein to mean Bee Real Archery and its members, owners, officers, directors, employees, agents, representatives) with respect to any and all liability for injuries (including death) and for all personal and property loss or damages suffered by me (including without limitation all expenses incident thereto) (“Claims”), even if caused by the negligence of a Released Party, that are in any way related to my participating in the Activities.
7. MISCELLANEOUS: This agreement and all other aspects of my purchase from Bee Real Archery are governed by Iowa state law. Any mediation, suit, or other proceeding arisin out of or relating to the same must be filed or entered into and maintained only in the state of Iowa, Polk County. This agreement is intended to be as broad and inclusive as is permitted by law. If any part of this agreement is held to be invalid or legally unenforceable for any reason by a court of competent jurisdiction, the remainder of this agreement shall not be affected thereby and shall remain valid and fully enforceable.
THIS AGREEMENT PERTAINS TO EVERY PURCHASE OF CUSTOM PRODUCT(S)
FROM BEE REAL ARCHERY ON AND AFTER THE DATE OF ITS EXECUTION,
UNLESS AND UNTIL THE CUSTOMER SIGNS ANOTHER AGREEMENT
PERTAINING TO THE SAME.
I HAVE READ, UNDERSTOOD AND VOLUNTARILY AGREE TO THIS
DISCLAIMER, WAIVER, AND RELEASE OF LIABILITY.
I UNDERSTAND THAT BY CLICKING THE BOX “I AGREE” AND PURCHASING
CUSTOM PRODUCT(S) FROM BEE REAL ARCHERY, I AM AGREEING TO BE
BOUND BY THE ABOVE TERMS THE SAME AS IF I HAD SIGNED BY HAND.