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THIS IS A CONTRACT BETWEEN ME and PEGASUS PARAGLIDING INC, a limited company
providing goods or services to persons interested in participating in
the sport of PARAGLIDING . In making this contract, Pegasus Paragliding
Inc. is acting as agent for its pilots, instructors, employees, agents,
ground crew, volunteers, equipment owners and operators, and any other
person involved in the provision of paragliding goods or services, collectively
referred to below as "Pegasus Paragliding Inc."
SIGNING THIS IS PART OF THE PRICE I AM PAYING.
Signing this document is part of the price I am paying for being allowed
to engage in paragliding activities. I accept that but for entering into
this agreement, I would not be permitted to engage in paragliding activities.
Nobody is rushing me or pressuring me to sign this document without independent
legal advice or without sufficient time to reflect and consider the implications
of entering into this contract.
I WANT TO DO THIS, PLEASE TEACH ME TO FLY.
It is my wish to receive instruction from Pegasus Paragliding Inc, in
how to control and fly a paraglider, including the use of some or all
of their equipment. I will follow the instruction provided and operate
the paraglider in a responsible and safe manner so as to minimize the
danger the life or property of myself or others.
THERE IS NO INSURANCE COVERAGE and NO WARRANTY
My flying activities are not covered by any personal accident or general
liability insurance covering Pegasus Paragliding Inc. I accept that there
is no warranty of fitness for any purpose on any of the equipment used
in the instruction or flights. I accept the equipment used in my flying
activities "as is".
THIS IS DANGEROUS, and I ASSUME THE RISK
I know that the sport of paragliding is dangerous, exposing participants
to many risks and hazards, some from the nature of the sport itself, and
others from human error or negligence. I accept all risks of my participation
in paragliding activities, foreseeable or unforeseeable, known and unknown,
however caused, even if caused in whole or in part by the action, inaction,
or negligence of Pegasus Paragliding Inc. I accept that no amount of care,
caution, instruction, or expertise can eliminate all of the risks. I accept
that as a result of those risks, I may be injured, my property may be
damaged or destroyed, and I may even die.
I RELEASE YOU FROM LIABILITY:I exempt and release and indemnify Pegasus
Paragliding Inc. from any and all liability, claims, demands or causes
of action arising from any damage or injury of any kind including claims,
demands, or causes of action arising from any property damage or bodily
injury or loss of any kind up to and including death that may occur during
my participation in paragliding activities. I agree that no damages, compensation,
or other award will be payable to me or my estate by Pegasus Paragliding
Inc. in respect of any loss, damage, injury, or death.
COVENANT NOT TO SUE
If I suffer loss of any sort, I agree not to sue or start any other type
of legal action against Pegasus Paragliding Inc. This covenant not to
sue binds my estate, heirs, survivors, assigns, executors, administrators,
and legal representatives. I agree that Pegasus Paragliding Inc. is entitled
to an award of legal fees and costs incurred in any defense of a suit
or action, including appeals, and that Pegasus Paragliding Inc. is entitled
to full security for those legal fees and costs in advance. I assume full
and sole financial responsibility for any damages I may suffer while participating
in paragliding activities.
KEEP THIS ON FILE
I agree that this document will remain in full force and effect so long
as I continue to engage in paragliding with Pegasus Paragliding or any
related entity. This contract remains in force indefinitely unless and
until revoked in writing.
I AM NOT UNDER A PHYSICAL, MENTAL, or LEGAL DISABILITY
My judgment is not impaired by alcohol, drugs, mental illness, fatigue,
or otherwise. I am of sound mind. I am at least 18 years of age and otherwise
legally competent OR THAT I am signing this as legal guardian of the participant,
both on my own and their behalf.
INDEMNITY AGAINST THIRD PARTY CLAIMS
I indemnify and hold harmless Pegasus Paragliding Inc. from any damages
or losses caused to third parties resulting from my in paragliding activities.
THIS DOCUMENT IS EVIDENCE IN COURT:
My signature on this document constitutes an irrevocable admission of
the facts stated herein. This document is my own statement. I have made
no statements to Pegasus Paragliding Inc. that conflict with this statement,
and Pegasus Paragliding Inc. has said nothing conflicting with this statement
to me.
JURISDICTION
This agreement is intended to be as broad and inclusive as permitted by
the laws of the province in which it was signed, and that if any portion
hereof is invalid, it is agreed that the balance shall continue to be
of full legal force and effect. I specifically waive the protection of
any law or legal principle that would limit the effect of this waiver.
Any legal issue arising shall be dealt with in the local judicial district
in which Pegasus Paragliding Inc. has its head office.
"PARAGLIDING ACTIVITIES" INCLUDES:
Launching, flying, or landing a paraglider as pilot, passenger, assistant,
or spectator, or any other activity incidental to instruction or participation
in the sport of paragliding.
I UNDERSTAND WHAT YOU ARE SAYING.
I understand that my safety depends in part on my following the instructions
given to me. I can speak and hear normally and understand the English
language. I have had the unhurried opportunity to ask questions of Pegasus
Paragliding Inc., and have been given answers satisfactory to me. My initials
have been placed beside every paragraph to indicate that I have read,
understood, and accept each one.
SIGNED at on the day of , 20
Signature
Name (please print)
For Pegasus Paragliding__
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