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 "PPG"), I hereby agree to release, indemnify, and discharge PPG, 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 entails known and unanticipated risks that could result 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: major injuries are a risk, including sprains, strains, scratches, bruises, abrasions, cuts, lacerations, broken bones, fractures, and musculoskeletal injuries, including injuries to the head, neck, and back; the forces of nature, including high winds, lightning, and rapid weather changes; changing visibility conditions; falls from significant heights; hazards associated with being struck by equipment; slips and falls during takeoff or landing; loss of flying control, including collapse, stall, spiral, changes in direction or flight path, rapid ascent or descent, pitch, yaw, roll, and changes in turning radius; collisions with exposed rock, water, snow, cables, fences, vehicles, structures, or other objects; high-altitude conditions; exposure to insects and encounters with wildlife; travel over extreme mountainous or alpine terrain; travel on highways and back-country roads; becoming lost or separated from other pilots, guides, instructors, or participants; failure to act safely or within one’s own abilities; my own physical condition; exposure to transmissible pathogens and diseases; and the physical exertion associated with this activity.
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. Additionally, I agree to wear a secure and certified helmet while participating in this activity.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless PPG from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity or my use of PPG's equipment or facilities, including any such claims which allege negligent acts or omissions of PPG.
4. Should PPG or anyone acting on their behalf be required to incur attorney 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 PPG, 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 statute or law in a 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 and specifically 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 executing the release and that, if known 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 PPG 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 PPG. 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.