Experiential Systems will warranty (i) workmanship of its own employees and contractors, and (ii) new materials constructed or installed by the Experiential Systems for ONE YEAR from the completion of construction/installation of elements. Otherwises all warrenties are from the independant component manufacturer (ex. puilley, carabiner, harness, etc.)
Disclaimer of Warranties
This warranty does not extend to any workmanship or foreign materials not provided, constructed or installed under the direct supervision and approval of Experiential Systems. This warranty also does not cover recalls, defects, or changes in manufacturer’s requirements for products that have been procured from another manufacturer and in turn installed or provided by Experiential Systems.
Experiential Systems is not responsible for property damage, personal injury or death caused by weather, vandalism, normal wear use and/or extraordinary use. Experiential Systems is not responsible for damages, personal injury or death caused by modifications to structures by anyone other than authorized personnel of Experiential Systems. Experiential Systems is not responsible for damages, personal injury or death caused by improper or unauthorized operation of installed materials, products, or elements by Client as well as its owner(s), staff, participants, guests, invitees, trespassers, and/or all others. Improper operations include such activities or variations to activities not expressly covered within the training provided by Experiential Systems or outlined within approved operations manuals or other written documentation provided by Experiential Systems.
There are no express or implied warranties of merchantability or fitness for a particular purpose, which extend beyond the description on the face hereof. Client has made its own investigations and inspection as to the merchantability of the products provided and its fitness for their particular purpose. No other warranties, expressed, or implied are intended.
Ownership and Responsibility
It is the Client’s responsibility to understand and adhere to all requirements and regulations set forth by any Authority Having Jurisdiction (AHJ) applicable to their site(s) and organization. This includes but is not limited to AHJ requirements related to insurance, work safety, and industry specific standards such as those produced by ASTM International and the Association for Challenge Course Technology (ACCT).
It is the Client’s responsibility to retain at all times a designated Qualified Course Manager – who shall be charged with the responsibility to oversee operations for all elements, structures, and programs in accordance with the ANSI/ACCT 03-2019 Challenge Course and Canopy/Zip Line Tour Standard and the ACCT Qualified Challenge Course Professional (QCCP) Guidelines.
It is the Client’s responsibility to notify Experiential Systems in writing within 36 hours of any incident or accident related to installations, products, or services provided by Experiential Systems, that result in any person (owner, staff, participant, guest, invitee, trespasser, or others) seeking medical care by any professional health care provider. It is the Client’s responsibility to notify Experiential Systems in writing within 36 hours of the discovery of any critical maintenance items related to any structures or equipment installed, modified, or otherwise provided by Experiential Systems. Client agrees to provide any requested documentation related to incidents, accidents, and critical maintenance as described above to Experiential Systems and its agents in a timely manner.
Should Client fail to provide timely written notice under the foregoing conditions and thereby preclude Experiential Systems from responding in a timely manner to any incident or potential hazard, Client assumes all responsibility for any claims that arise from that incident brought against Experiential Systems. Consequently, in such circumstances, Client shall indemnify and hold Experiential Systems harmless against any such claims.|
Client agrees that Experiential Systems is not a partner, operator, or co-owner of any of the Client’s structure(s), property or company/organization(s). Experiential Systems has no financial interest in the Client’s organization with the exception of those outlined above to provide services or products to the client. Client agrees that Experiential Systems has no responsibility for supervision of any program, structures, staff, or clients once Experiential Systems has released any installed structures to the client, provided approval of the structures for use, or has otherwise concluded delivery of the agreed upon services. The client agrees to hold Experiential Systems harmless and indemnify Experiential Systems for any action(s) or inaction(s) of owner, staff, participants, guests, invitees or trespassers that Experiential Systems was not in direct supervision of at the time of damage to property or injury to person(s).
Mutual Waiver of Consequential Damages
Experiential Systems and the Client waive all claims against the other for all consequential and indirect damages of every kind arising out of or relating to the contract. This mutual waiver Includes:
- Damages incurred by the Client for rental expenses for loss of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and
- Damages incurred by the contractor for principle office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit other than anticipated profits arising directly from the work in this contract.
This mutual waiver is applicable, without limitation, to all consequential damages to either party (except where listed), damages related to termination of this agreement and liquidated damages.