RELEASE, WAIVER AND
ASSUMPTION OF RISK AGREEMENT
In consideration of the
benefits to be derived participating in (___________________________) (Name of Event), (_______________________________________________) (Printed name of Participant) (and the parent or legal
guardian of Participant if Participant is a minor), for themselves, their
personal representatives, heirs, executors, next of kin, spouses, minor
children and assigns, do agree as follows:
A. DEFINITIONS -
The following definitions apply to terms used in this Agreement:
1. “PARTICIPATION IN THE SPORT”
means launching (and/or assisting another in launching), flying (whether as
pilot in command or otherwise) and/or landing (including, but not limited to,
crashing) a hang glider or paraglider.
2. “SPORTS INJURIES”
means personal injury, bodily
injury, death, property damage and/or
any other personal or financial injury sustained by Participant as a result of Participant’s
PARTICIPATION IN THE SPORT and/or as a
result of the administration of any USHPA programs (for example: the Pilot
Proficiency System). If Participant is under 18 years of age, the term “SPORTS INJURIES”
means personal injury, bodily
injury, death, property damage and/or
any other personal or financial injury sustained by Participant as well as personal
injury, bodily injury, death, property damage and/or any other personal or
financial injury sustained by Participant’s parents or
legal guardians, as a result of Participant’s
PARTICIPATION IN THE SPORT and/or as a
result of the administration of any USHPA programs.
3. “RELEASED PARTIES”
means the following, including their owners, officers, directors, agents,
spouses, employees, officials (elected or otherwise), members, independent
contractors, sub-contractors, lessors and lessees:
a) The
b) The organizers, directors, officials, stewards and volunteers
of the event in which Participant participates;
c) Each of the person(s) sponsoring and/or participating in the
administration of Participant’s proficiency rating(s);
d) Each of the hang gliding and/or paragliding organizations that
are chapters of the USHPA;
e) The United States Of America and each of the city(ies), town(s), county(ies),
State(s) and/or other political subdivisions or governmental agencies within
whose jurisdictions Participant launches, flies and/or lands;
f) Each of the property owners on or over whose property Participant may launch,
fly and/or land;
g) All persons involved, in any manner, in the sports of hang
gliding and/or paragliding at the site(s) where Participant PARTICIPATES IN THE SPORT. "All persons involved" includes, but is not limited
to, spectators, hang glider and/or paraglider pilots, powered ultralight
pilots, assistants, drivers, instructors, observers, and owners of hang gliding
and/or paragliding equipment; and
h) All other persons lawfully present at the site(s) during Participant’s PARTICIPATION IN THE SPORT.
B. I FOREVER RELEASE AND
DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS,
OR CAUSES OF ACTION THAT I MAY HEREAFTER HAVE FOR SPORTS INJURIES, HOWEVER
CAUSED, EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION, INACTION OR
NEGLIGENCE (WHETHER ACTIVE OR PASSIVE) OF ANY OF THE RELEASED PARTIES, TO THE
FULLEST EXTENT ALLOWED BY LAW.
C. I WILL NOT SUE OR
MAKE A CLAIM against any of the RELEASED PARTIES for
loss or damage on account of SPORTS
INJURIES. If I violate this agreement
by filing such a suit or making such a claim, I will pay all attorneys’ fees
and costs of the RELEASED PARTIES.
D. I AGREE THAT this AGREEMENT shall be governed by and construed in accordance with the laws of
the State of
E. SEVERABILITY. If any part, article, paragraph, sentence or clause of this
Agreement is not enforceable, the affected provision shall be curtailed and
limited only to the extent necessary to bring it within the requirements of the
law, and the remainder of the Agreement shall continue in full force and
effect.
F. CONSTRUCTION. This agreement shall apply to any and all SPORTS INJURIES occurring
at any time after the execution of this agreement. This agreement is in
addition to and is not intended to replace any other agreements related to
liability for SPORTS INJURIES that Participant (or Participant's parents or legal guardians) may have signed, either in the past or
in the future. To the extent that there is any conflict between such
agreements, Participant (and Participant's parents or legal guardians) intends to be subject to the agreement
that provides the most expansive release of claims and assumption of risk
allowed by law.
G. I REPRESENT THAT Participant
is at least 18 years of age,
or, that I am the parent or legal guardian of Participant and am making
this agreement on behalf of myself and Participant. If I am the parent or legal guardian of Participant, I AGREE TO INDEMNIFY AND REIMBURSE the RELEASED PARTIES for their defense and indemnity from any claim or liability in the
event that Participant suffers SPORTS INURIES as a result of Participant’s
PARTICIPATION IN THE SPORT, even if
caused in whole or in part by the action, inaction or negligence (whether
active or passive) of any of the RELEASED
PARTIES, to the fullest extent
allowed by law.
H. I VOLUNTARILY ASSUME ALL
RISKS, KNOWN AND UNKNOWN, OF SPORTS INJURIES, HOWEVER CAUSED, EVEN IF CAUSED IN
WHOLE OR IN PART BY THE ACTION, INACTION, OR NEGLIGENCE (WHETHER PASSIVE OR
ACTIVE) OF THE RELEASED PARTIES, TO THE FULLEST EXTENT ALLOWED BY LAW.
I ACKNOWLEDGE THAT I HAVE
READ THIS AGREEMENT, FULLY UNDERSTAND THE POTENTIAL DANGERS OF ENGAGING IN HANG
GLIDING AND/OR PARAGLIDING, AND THAT ACTION, INACTION OR NEGLIGENCE OF OTHERS
CAN INCREASE THOSE DANGERS. I UNDERSTAND AND AGREE THAT THIS DOCUMENT IS
LEGALLY BINDING AND WILL PREVENT ME FROM RECOVERING MONETARY DAMAGES FROM THE
ABOVE LISTED ENTITIES AND/OR INDIVIDUALS, WHETHER SPECIFICALLY NAMED OR NOT,
FOR PERSONAL INJURY, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, OR ANY
OTHER PERSONAL OR FINANCIAL INJURY SUSTAINED BY PARTICIPANT IN CONNECTION WITH
HANG GLIDING/PARAGLIDING.
WARNING: BY SIGNING, YOU ARE WAIVING SIGNIFICANT LEGAL RIGHTS. DO
NOT SIGN WITHOUT
______________________________ ___/___/___ ______________
Participant’s Signature
Date Participant’s USHPA Number
______________________________
___/___/___
Signature of Participant’s
Parent or Legal Guardian if Participant under 18 years of age Date