• Hang Gliding, Paragliding, Flying Ultralights and/or Light sport aircraft release of liability, waiver of legal rights and assumption of Risk

  • In consideration for the renting, purchasing or leasing of Hang Gliders or Paragliders, Ultralights and/or Light sport aircraft from Penguin Paragliding, LLC and/or the utilizing of the facilities, ground school, instruction, premises and equipment of Penguin Paragliding, LLC. In engaging in the sport of Hang Gliding, paragliding and/or flying ultralights or light sport aircraft ground instruction, flight instruction and related activities, (hereinafter collectively called “flying” I hereby understand and agree to this Release of Liability, Waiver of Legal Rights and Assumption of Risk and to the terms hereof as follows:

  • 1. I acknowledge that Flying is an action sport and recreational activity involving travel in three dimensions and such activity is subject to mishap and even injury to participants. I understand I may suffer a broken limb, paralysis or fatal injury while participating in the sport of Flying

  • 2. I further acknowledge that there are no warranties applicable to the purchase, rental or lease of Flying equipment by me and the all warranties whether expressed or implied are excluded. THERE IS NO WARRANTY OF MERCHANT ABILITY OR THAT THE SAID FLYING EQUIPMENT IS FIT FOR ANY PURPOSE, and that I am accepting the said Flying equipment as is and I hereby acknowledge that I will personally examine the said Flying equipment prior to my using of the same

  • 3. I hereby RELEASE and DISCHARGE Penguin Paragliding, LLC, the state of California, the town of Benicia, Vallejo or Pacifica and their officers, directors, elected officials, agents, employees, instructors, pilots and owners of equipment and the land used for Flying activities (hereinafter collectively referred to as “Released parties”), from any and all liability, claims, demands or causes of action that I may hereafter have for injuries/ demander arising out f my participation in Flying activities, including but not limited to, losses CAUSED BY THE NEGLIGENCE OF THE RELEASE PARTIES

  • 4. I understand and acknowledge that flying activities have inherent dangers that no amount of care, caution, instruction or expertise can eliminate and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN FLYING ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASE PARTIES

  • 5. I further agree that I WILL NOT SUE OR MAKE A CLAIM against the Released Parties for damages or other losses sustained as the result of my participation in Flying activities.

  • 6. I also agree INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from all claims, judgements, and costs, including attorneys’ fees, incurred in connection with any action ought as a result of my participation in Flying activities

  • 7. I will take full responsibility for, and hold harmless Released Parties for any injury that I Amy suffer or inflict upon others or their property as a result of eye engaging in Flying activities

  • 8. I agree that I will operate the said Flying equipment in a reasonable and safe manner so as not to endanger the lives of persons or property of any individual

  • 9. I have read and understood the above and acknowledge that the same constitutes a release of liability and a waiver of my legal rights and also acknowledgement of the assumption of liability by me of all risks arising out of my engaging in Flying activities

  • 10. I further represent that this Release of Liability, Waiver of Legal Rights and Assumption of Risk shall continue in full force and effect for so long as I engage inFlying activities which are in any way connected to or with the Released Parties

  • 11. I further represent that I am at least 18 years of age, or that as the parent or (adult) legal guardian, I waive and release any and all legal rights that may accrue to me, to my minor child or to the minor child for whom I am (adult) legal guardian, as the result of any injury that my minor child, the minor child for whom I am (adult) legal guardian or I may sugar while engaging in Flying activities

  • 12. I hereby expressly recognize the this Release of Liability, Waiver of Legal Rights and Assumption f Risks is a contact pursuant to which I have released any and all claims against the Release Parties resulting from participation in Flying activities including any claims by the negligence of the Released Parties by any of the undersigned

  • DECLARATION OF FITNESS

  • I hereby declare that I am physically fit. I do not, and have not, suffered from any of the following conditions, which I understand may lead to a dangerous situation with regard to other persons or myself during Flying activities:

  • Epilepsy, fits, severe head injury, recurrent blackout or giddiness, disease of the brain or nervous system, high blood pressure, lung or heart disease, recurrent weakness or dislocation of any limb, diabetes, mental illness, drug or alcohol addiction, recent back injury, arthritis and severe joint sprains, chronic bronchitis, asthma, rheumatic fever, thyroid adrenal or other glandular disorder, recent blood donation or any condition that requires the regular use of drugs.

  • Even if I have a health condition as stated above of which I may be unaware, by signing this form I still choose to participate in the Flying activity and agree to waive all responsibilities to all above mentioned parties concerting any consequences that would result from my actions.

  • I hereby declare that I have no physical or mental condition that should preclude me from participating in my chosen activity, that I am not participating against medical advice or treatment, and the I have not been diagnosed by a registered doctor as having a terminal illness.

  • I further declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if an injury is sustained of any kind during the course of Flying activities, I will notify the instructor immediately,

  • I HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK AND FULLY UNDERSTAND ITS CONTENTS. I SIGN IT OF MY OWN FREE WILL AND AGREE TO BE BOUND BY IT

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