PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Penguin Paragliding LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "PENP"), I hereby agree to release, indemnify, and discharge PENP, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative, and estate as follows:
1. I acknowledge that my participation in Paragliding Training and Instruction activities entails known and unanticipated risks that couldresult in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: slips and falls; being struck by the equipment on take-off and landing; wrist, arm, shoulder, neck and/or back injuries; the forces of nature, including extremes of weather, lightning and rapid weather changes, exposure to sun, strong wind, cold weather; the risk of collision with objects; crashing; sunburn, dehydration, heat exhaustion, heat stroke, and heat cramps; the risk of exposure to insect bites; sprains, strains, scratches, bruises, abrasions, cuts, lacerations, broken bones, fractures, musculoskeletal injuries including head, neck, and back injuries; wrist, arm, or shoulder injuries; travel in remote areas; the negligence of other participants or persons who may be present; accidents or illness can occur in remote places without medical facilities; my own physical condition; and the physical exertion associated with these activities; transmissible pathogen or disease; raveling to and from activity locations raises the possibility of any manner of transportation accidents.
Furthermore, PENP personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless PENP from any and all claims, demands, orcauses of action, which are in any way connected with my participation in this activity or my use of PENP’s equipment or facilities, including any such claims which allege negligent acts or omissions of PENP.
4. Should PENP or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against PENP, I agree to do so solely in the state of California, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
7. The undersigned waives the protection afforded by any statue or law in jurisdiction whose purpose, substance, cause and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing this release. This means, in part, that the undersigned is releasing unknown future claims andspecifically waives the provisions of California Civil Code Section 1542 which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect exist in his or her favor at the time of the executing the release and that, if know by him or her, would have materially affected his or her settlement with the debtor or released party.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against PENP on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at PENP. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION(Must be completed for participants under the age of 18)
In consideration of the following minor(s): (print name(s))
being permitted by PENP to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless PENP from any and all claims which are brought by, or on behalf of minor(s), and which are in any way connected with such use or participation by minor(s). Minor(s) DOB(s)