In consideration of the benefits of membership in USHPA, and in consideration of the benefits of the mutual agreement by other USHPA members to substantially similar agreements under which Pilot and persons owned, managed, or controlled by Pilot are RELEASED PARTIES, Pilot (and the parent or legal guardian of Pilot if Pilot is a minor), for themselves, their personal representatives, heirs, executors, next of kin, spouses, minor children, assigns, and for any RELEASED PARTIES owned, managed, or controlled by them, agrees as follows:
A. Pilot has read the Federal Aviation Association rules that grant Pilot permission to fly hang gliders and paragliders (Part 103 of the FAA Regulations and FAA advisory Circular 103-7) and Pilot understands that FAA authorization for Pilot's participation in hang gliding or paragliding flight is premised upon Pilot assessing the dangers involved and Pilot's assumption of all responsibility for Pilot's personal safety.
B. Pilot represents that Pilot has fulfilled the Pilot's obligation under the law—that Pilot has personally assessed the dangers involved in hang gliding and/or paragliding, and Pilot assumes all responsibility for Pilot's personal safety.
C. DEFINITIONS - The following definitions apply to terms used in this Agreement:
1. "PARTICIPATION IN THE SPORT" means launching/kiting (and/or assisting another in launching/kiting), flying (whether as pilot in command or otherwise), landing (including, but not limited to, crashing) a hang glider or paraglider. A speed wing or mini wing is a form of paraglider.
2. "SPORTS INJURIES" means personal injury, bodily injury, death, property damage and/or any other personal or financial injury sustained by a participant as a result of participant's PARTICIPATION IN THE SPORT and/or as a result of the administration of any USHPA programs (for instance, the Pilot Proficiency System), and, if a participant is under 18 years of age, the term "SPORTS INJURIES" also includes the personal injury, bodily injury, death, property damage and/or any other personal or financial injury sustained by the participant's parents and legal guardians, as a result of the 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 United State Hang Gliding and Paragliding Association, a California non-profit corporation (USHPA);
b. Each USHPA Certified Instructor, Mentor, Observer, Examiner, TECH, or Administrator that has ever been involved in the Pilot's flying activities;
c. Each of the person(s) sponsoring and/or participating in the administration of Pilot's proficiency rating(s);
d. Each of the hang gliding and/or paragliding organizations that are chapters of 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 Pilot launches, flies and/or lands;
f. Each of the property owners on or over whose property Pilot may launch, fly and/or land;
g. All persons involved, in any manner, in the sports of hang gliding and/or paragliding at the location(s) where Pilot PARTICIPATES IN THE SPORT, except for hang glider pilots and paraglider pilots who are not members of USHPA. "All persons involved" includes, but is not limited to, spectators, hang glider pilots, paraglider pilots, powered ultra light pilots, assistants, drivers, tow equipment operators and owners, instructors, schools, observers, examiners, mentors, administrators, owners of hang gliding equipment, and owners of paragliding equipment.
D. PILOT FOREVER RELEASES AND DISCHARGES THE RELEASED PARTIES FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, OR CAUSES OF ACTION THAT PILOT MAY HEREAFTER HAVE FOR PILOT'S 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.
E. PILOT WILL NOT SUE OR MAKE A CLAIM against any of the RELEASED PARTIES for loss or damage on account of Pilot's SPORTS INJURIES. If Pilot violates this agreement by filing such a suit or making such a claim, Pilot will pay all attorneys' fees and costs of the RELEASED PARTIES.
F. Pilot agrees that this AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. All disputes and matters whatsoever concerning any SPORTS INJURIES or otherwise arising under, in connection with or incident to this Agreement shall be litigated, if at all, in and before a Court located in the State of California, U.S.A in connection with all such disputes and matters.
G. Any lawsuit, or other proceeding, concerning any SPORTS INJURIES or otherwise arising under, in connection with or incident to this Agreement must be filed, if at all, either 1) within twelve (12) months of the accrual of such cause of action, or 2) within the shortest limit of time permitted by law.
H. Each of the RELEASED PARTIES, whether or not parties to this Agreement, are intended beneficiaries of the Agreement and each of them may enforce each and every provision of this Agreement as though they were parties to this Agreement.
I. 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.
J. This agreement shall apply to any and all SPORTS INJURIES to pilot occurring at any time after the execution of this Agreement by Pilot. This Agreement is in addition to and is not intended to replace any other agreements related to liability for SPORTS INJURIES to Pilot that Pilot (or Pilot'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 any part, article, or clause of such agreements, Pilot (and Pilot's parent or legal guardians) intends to be subject to the parts, articles, paragraphs, sentences, and clauses of each agreement that provide the most expansive release of claims and assumption of risk allowed by law.
K. The undersigned represents that the Pilot is at least 18 years of age, or, that the undersigned is the parent or legal guardian of the Pilot and is making this agreement on behalf of the undersigned and Pilot. If the undersigned is the parent or legal guardian of the Pilot, the undersigned AGREES TO INDEMNIFY AND REIMBURSE the RELEASED PARTIES for their defense and indemnity from any claim or liability in the event that the Pilot suffers SPORTS INJURIES as a result of the Pilot's PARTICIPATION IN THE SPORT, even if caused in whole or in part by the negligence (whether active or passive) of any of the RELEASED PARTIES, to the fullest extent allowed by law.
L. PILOT VOLUNTARILY ASSUMES ALL RISKS, KNOWN AND UNKNOWN, OF SPORTS INJURIES TO PILOT, 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.
