Release, Waiver of Liability, and Indemnification Agreement
READ BOTH PAGES CAREFULLY BEFORE SIGNING
Section 1: The Scope Of My Activities.
I, the undersigned, wish to engage in paragliding activities with the assistance of, or under the instruction of Nice Sky Adventures. In consideration of Nice Sky Adventures’ agreement to assist or instruct me in connection with those activities, I agree to the terms contained in this document.
Section 2: Risks Of Paragliding
I understand that paragliding is a dangerous sport. While engaged in it, I may encounter or be exposed to certain physical hazards, risks, and dangers. These risks include, but are not limited to the following: serious personal injury to myself and others, including fractures, concussions, internal injuries, paraplegia, quadriplegia, and other forms of permanent paralysis, property damage, equipment failure or loss, falls, poisonous animals such as rattlesnakes and black widow spiders, forces of nature, accidents, including with other paragliders, and death. I understand that paragliding performance is highly dependent on localized winds and other micro-meteorology that may be unpredictable and can result in serious injury or death even to the most experienced operator. I may also encounter other hazards of which I am totally unaware. No amount of coaching, supervision, or instruction by Nice Sky Adventures can possibly eliminate all of the risks I may encounter while paragliding.
Section 3: I Agree To Assume The Above Risks.
In consideration of Nice Sky Adventures agreeing to help me engage in the activities described in section 1, I hereby assume the risk of all the above-mentioned hazards, risks, and dangers while engaged in these activities, including any hazards, risk or dangers caused by Nice Sky Adventures and the United States Hang Gliding and Paragliding Association (USHPA). I acknowledge and agree that my own decision to engage in paragliding is the primary cause of any injuries or losses I may incur, even if those losses may contributed to in any way by Nice Sky Adventures or USPHA.
Section 4: Release of Liability
In further consideration of the permission to engage in the activities described in section 1, I AGREE TO THE FOLLOWING RELEASE OF Nice Sky Adventures, the State of Utah, and the Unites States Hang Gliding and Paragliding Association (USHPA). (These entities, together with their respective heirs, successors, and assigns, are referred to as “The Released Parties” in the rest of this document).
I HEREBY RELEASE the Released Parties from all liabilities, causes of action, claims and demands arising out of or relating in any way to my paragliding activities, including any and all causes of action, claims, and demands relating to any injury, death, loss, or harm that occurs to me or my property while I am engaged in any paragliding activities, based on any theory of liability whatsoever, including negligence, strict liability, product liability or defect, and recklessness.
Section 5: I Promise Not to Sue For Death, Injuries or Losses.
I promise, on behalf of myself, and my heirs and beneficiaries, not to sue any of the Released Parties for any of the claims or causes of action described in section 4 of this Agreement.
Section 6: My Indemnification Of Release Parties
I ALSO PROMISE TO INDEMNIFY, DEFEND, and HOLD the Released Parties HARMLESS from against any and all claims that may be brought against them arising out or relating to my paragliding activities, including the claims described in Section 4 of this Agreement, and specifically including the claims for their own negligence. In accordance with this promise, I will reimburse The Released Parties for any damages, reasonable settlements, and defense costs, including attorney’s fees, that they incur because of any such claims made against them.
Section 7: Representations and Duration of Agreement
I am eighteen years or older and legally competent to sign this Agreement. I agree that this Agreement is binding upon me, my heirs and my personal representative, executor or administrator. This Agreement is irrevocable and shall remain in force and effect and shall determine my rights and the rights of the Released Parties for each occasion, at the present and in the future, that I engage in paragliding activities.
Section 8: Severability
I agree that the purpose of this Agreement is that it shall be enforceable release of liability and indemnity as broad and inclusive as, and to the maximum extent, permitted by law. I agree that if any provision of this Agreement is found to be invalid or unenforceable, then the remainder shall have full force and effect, and the invalid provision shall be modified or partially enforced to the maximum extent permitted by law to effectuate the purpose of this Agreement.
Section 9: Applicable Law and Attorney Fees.
This Agreement shall be construed and enforced in accordance with the internal laws of the State of Utah. In any litigation arising out or relating in any way to this Agreement, I agree that the prevailing party shall be entitled to recover its attorney fees and other reasonable costs.
I have fully informed myself of the content of this Agreement by reading it before signing it. I agree that no oral representations, statements or other inducements to sign this release have been made apart from what is contained in this document.
COPY THE FOLLOWING STATEMENT TO CONFIRM YOUR AGREEMENT WITH THE TERMS AND CONDITIONS IN THIS DOCUMENT:
I have read all of the above terms and conditions and those on the other side of this document, and I understand and agree to be bound by all of them.