STICK REVIVAL, LLC
REFURBISHED STICKS
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISK AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND THE LEGAL RIGHTS OF ANY MINOR ON WHOSE BEHALF YOU SIGN, INCLUDING THE RIGHT TO SUE FOR PERSONAL INJURY.
Section 1 — Parties and Products Covered
This Release of Liability, Waiver of Claims, and Assumption of Risk Agreement ("Agreement") is between Stick Revival, LLC, an Illinois limited liability company with its principal place of business in Oak Park, Illinois ("Company"), and the individual identified in the associated Warranty & Safety Waiver activation form, ("You" or "User"), regarding the used, refurbished composite hockey stick(s) purchased from the Company (the "Product").
Section 2 — Nature of the Product; Acknowledgment of Risk
Ice hockey and related activities involve significant physical risks. Hockey sticks are exposed to substantial impact, tension, torsion, bending, vibration, temperature changes, and other forces during normal use. The Product is a structurally repaired or refurbished carbon-fiber composite hockey stick that has been modified from its original factory condition. You acknowledge and understand that:
(a) Repaired composite materials may not have the same structural integrity, flex profile, load-bearing capacity, or safety specifications as factory-new, unmodified equipment.
(b) Hockey, independent of any repair, places extreme tension, torsion, impact, and bending forces on a stick, and involves inherent risks of collision, falls, and being struck by a puck, stick, or skate.
(c) A repaired shaft may experience sudden mechanical failure, and carbon fiber may snap, splinter, shatter, delaminate, or expose sharp and jagged edges.
(d) Product failure may cause serious bodily injury to You or to other people, including teammates, opposing players, officials, bystanders, or spectators.
(e) Potential injuries include lacerations, puncture wounds, blunt-force trauma, eye injury, permanent disability, or death.
(f) No inspection, repair process, or warranty can eliminate all risks associated with using repaired sporting equipment.
You are responsible for inspecting the Product before every use and must stop using it immediately if You notice cracking, separation, unusual movement, exposed fibers, changes in sound or flex, or any other sign of damage.
Section 3 — Customer Responsibilities
Before every use, the Customer or User is responsible for:
- Visually inspecting the shaft, blade, repaired area, and surrounding material
- Checking for cracks, separation, movement, exposed fibers, or unusual sounds
- Discontinuing use immediately if damage or abnormal performance is detected
- Using the Equipment only for its intended purpose
- Following applicable league, rink, team, facility, and equipment rules
- Preventing use by another person who has not been informed that the Equipment is repaired
- Keeping the Equipment away from excessive heat, vehicles, doors, machinery, and avoidable impact
- Contacting Stick Revival before attempting any additional repair or modification
Section 4 — Assumption of Risk
I voluntarily, knowingly, and freely accept and assume all risks associated with the possession, transport, storage, handling, and use of the Equipment, including those identified in Section 2, whether those risks are known or unknown, foreseeable or unforeseeable.
I accept full responsibility for deciding whether the Equipment is appropriate for my intended use. I also accept responsibility for inspecting the Equipment before every use and immediately discontinuing use if I notice cracking, separation, unusual movement, exposed fibers, changes in sound or flex, or any other indication of possible damage.
I understand that I may choose not to purchase or use repaired equipment and may instead purchase factory-new equipment.
Section 5 — Release and Covenant Not to Sue
To the fullest extent permitted by law, and in exchange for being permitted to use the Product, You release, forever discharge, and covenant not to sue the Company and its owners, members, managers, employees, agents, and contractors (the "Released Parties") from any and all claims, demands, or causes of action arising out of or related to the condition, repair, refurbishing, or use of the Product, including claims based on the Released Parties' ordinary negligence.
THIS RELEASE DOES NOT APPLY TO, AND DOES NOT WAIVE, ANY CLAIM BASED ON THE RELEASED PARTIES' GROSS NEGLIGENCE, WILLFUL OR WANTON MISCONDUCT, OR VIOLATION OF LAW, ALL OF WHICH ARE PRESERVED NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT.
Section 6 — Minor Users; Parent or Guardian Acknowledgment
If a minor will use the Product, the adult accepting this Agreement represents that they are the minor's parent or legal guardian, and confirms that:
- They have authority to accept these terms for the minor.
- They have read and understood the risks described in this Agreement.
- They have ensured the minor is aware of the risks described in this Agreement and that the minor is capable of effectively navigating such risks.
- They agree to supervise or instruct the minor regarding inspection and safe use.
- They accept the terms on behalf of themselves and the minor.
- They authorize the minor to use repaired or refurbished Equipment.
(a) Parent's Own Release. The undersigned parent or guardian, on their own behalf, releases and agrees not to sue the Released Parties for the parent's or guardian's own claims (including claims for medical expenses, loss of services, or emotional distress) arising from the minor's use of the Product, to the fullest extent permitted by law.
(b) Indemnification Limited by Law. In the event that the minor retains their own right to bring a claim against the Company for injuries arising from the Product, by agreeing to these terms, the parent or guardian confirms they have reviewed the risks described in Section 2 and that the minor is aware of such risks, and that the minor's use of the Product is with the parent's or guardian's knowledge and permission. Therefore, the parent or guardian agrees to indemnify the Released Parties for claims arising from the minor's use of the Product to the fullest extent enforceable under applicable law.
Section 7 — No Implied Warranties; Limited 35-Day Warranty
To the fullest extent permitted by applicable law, Stick Revival disclaims all implied warranties. Where applicable, Stick Revival provides a limited 35-day warranty covering the structural integrity of the repaired joint.
If the repaired joint fails during normal hockey use within 35 days of the original purchase date, Stick Revival will inspect the Equipment. If the claim is approved, Stick Revival may repair the affected joint or replace the Equipment with a reasonably comparable refurbished stick at its discretion.
- The limited warranty:
- Applies only to the repaired joint
- Applies only to the original purchaser or registered user
- Is not transferable
- Does not cover new or unrelated damage
- Does not cover misuse, abuse, modification, improper storage, or unauthorized repairs
- Does not cover normal wear or cosmetic blemishes
- Does not cover personal injury, property damage, or consequential loss
- Requires compliance with the published warranty-claim procedure
The repair or replacement of the Equipment is the exclusive remedy available under this limited warranty, to the fullest extent permitted by applicable law.
Section 8 — Severability
If any provision of this Agreement is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Section 9 — Governing Law and Venue
This Agreement is governed by the laws of the State of Illinois, without regard to conflict-of-laws principles.
Section 10 — Entire Agreement; Electronic Acceptance
This Agreement, together with the Warranty Registration, the listing for the Product, is the entire agreement between You and the Company regarding the condition of, risks of, and warranty for the Product. By checking the acknowledgment box in the Warranty Registration and submitting Your electronic acceptance, You agree to the terms of this Agreement.
Stick Revival, LLC
Oak Park, Illinois
Email: Contact@StickRevival.com
