RELEASE, WAIVER AND ASSUMPTION OF RISK AGREEMENT
In consideration of being allowed to participate in the sport of hang gliding and/or paragliding and other activities provided by Damien Mitchell, dba Air Damien (the “Flight Instructor”), the undersigned pilot (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 and assigns, do agree as follows:
A. I have read the Federal Aviation Administration rules that grant me permission to fly hang gliders and paragliders (Part 103 of the FAA
Regulations and FAA Advisory Circular 103-7) and I understand that FAA authorization for my participation in hang gliding or paragliding flight is
premised upon me assessing the dangers involved and my assumption of all responsibility for my personal safety.
B. I represent that I have fulfilled my obligation under the law – that I have personally assessed the dangers involved in hang gliding and/or
paragliding, and I assume all responsibility for my 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) and/or landing (including, but not limited to, crashing) a hang glider or paraglider.
2. “SPORTS INJURIES” means personal injury, bodily injury, death, property damage and/or any other personal or financial injury sustained by Pilot as a result of Pilot’s PARTICIPATION IN THE SPORT and/or as a result of the administration of any USHPA programs (for example: the Pilot Proficiency System), and, If Pilot is under 18 years of age, “SPORTS INJURIES” also includes the personal injury, bodily injury, death, property damage and/or any other personal or financial injury sustained by Pilot’s parents and legal guardians, as a result of Pilot’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, managers, agents, spouses, employees, officials (elected or otherwise), members, independent contractors, sub-contractors, lessors and lessees:
a) The Flight Instructor;
b) The United States Hang Gliding and Paragliding Association, a Colorado Non-profit Corporation (USHPA);
c) The Club de Vuelo el Penon, A.C., a Mexican Non-profit entity;
d) The Utah Hang Gliding and Paragliding Association, Inc; a Utah Non-profit Corporation.
e) Each USHPA Certified Instructor, Mentor, Observer, Examiner, TECH or Administrator that has ever been involved in Pilot’s flying activities;
f) Each of the person(s) sponsoring and/or participating in the administration of Pilot’s proficiency rating(s);
g) Each of the hang gliding and/or paragliding organizations that are chapters of USHPA;
h) The Country ofMexico 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;
i) 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;
j) Each of the property owners on or over whose property Pilot may launch, fly and/or land; and
k) All persons involved, in any manner, in the sports of hang gliding and/or paragliding at the location(s) where the 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 ultralight 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. I FOREVER RELEASE AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, OR CAUSES OF ACTION THAT I MAY HEREAFTER HAVE FOR 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. I WILL NOT SUE OR MAKE A CLAIM against any of the RELEASED PARTIES for loss or damage on account of SPORTS INJURIES. If I violate this agreement by filing such a suit or making such a claim, I will pay all attorneys’ fees and costs of the RELEASED PARTIES.
F. I agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Mexico, Mexico if the dispute occurs in Mexico. All disputes and matters whatsoever concerning 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 Mexico, Mexico to the exclusion of the Courts of any other State or Country, and I consent to the Personal Jurisdiction of Courts located in the State of Mexico, Mexico in connection with all such disputes and matters.
G. I agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Utah if the dispute occurs in Utah. All disputes and matters whatsoever concerning 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 Utah, U.S.A. to the exclusion of the Courts of any other State or Country, and I consent to the Personal Jurisdiction of Courts located in the State of Utah, U.S.A. in connection with all such disputes and matters.
H. Any lawsuit, or other proceeding, concerning 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.
I. Each of the RELEASED PARTIES, whether or not parties to this Agreement, are intended beneficiaries of this Agreement and each of them may enforce each and every provision of this Agreement as though they were parties to this Agreement.
J. 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 limited extent necessary to bring it within the requirements of the law, and the remainder of the Agreement shall continue in full force and effect.
K. This Agreement shall apply to any and all SPORTS INJURIES occurring at any time after the execution of this Agreement. This Agreement is in addition to and is not intended to replace any other agreements related to liability for SPORTS INJURIES 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, paragraph, sentence or clause of such agreements, Pilot (and Pilot’s parents 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.
L. I REPRESENT THAT Pilot is at least 18 years of age, or, that I am the parent or legal guardian of Pilot and am making this Agreement on behalf of myself and Pilot. If I am the parent or legal guardian of Pilot, I AGREE TO INDEMNIFY AND REIMBURSE the RELEASED PARTIES for their defense and indemnity from any claim or liability in the event that Pilot suffers SPORTS INJURIES as a result of Pilot’s PARTICIPATION IN THE SPORT, 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.
M. I VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, OF SPORTS INJURIES, 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.
I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND THE POTENTIAL DANGERS OF ENGAGING IN HANG GLIDING AND/OR PARAGLIDING AND THAT ACTION, INACTION OR NEGLIGENCE OF OTHERS CAN INCREASE THOSE DANGERS. I UNDERSTAND AND AGREE THAT THIS DOCUMENT IS LEGALLY BINDING AND WILL PREVENT ME FROM RECOVERING MONETARY DAMAGES FROM THE ABOVE LISTED ENTITIES AND/OR INDIVIDUALS, WHETHER SPECIFICALLY NAMED OR NOT, FOR PERSONAL INJURY, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, OR ANY OTHER PERSONAL OR FINANCIAL INJURY SUSTAINED BY PILOT IN CONNECTION WITH HANG GLIDING/PARAGLIDING.
WARNING: BY SIGNING, YOU ARE WAIVING SIGNIFICANT LEGAL RIGHTS. DO NOT SIGN WITHOUT READING!
Student Pilot’s Signature
Signature of Student Pilot’s Parent or Legal Guardian if Pilot under 18 years of age
Print Student Pilot’s Name
Student Pilot’s USHPA Number
Damien Mitchell, dba Air Damien
FAA REGULATIONS – PART 103
“Part 103 is based on the assumption that any individual who elects to fly an ultralight vehicle has assessed the dangers involved and assumes personal responsibility for his/her safety” FAA Advisory Circular 103-7
This part prescribes rules governing the operation of ultra light vehicles in the United States. For the purposes of this part, an ultralight vehicle is a vehicle that:
(a) Is used or intended to be used for manned operation in the air by a single occupant;
(b) Is used or intended to be used for recreation or sport purposes only; (c) Does not have any U.S. or foreign airworthiness certificate; and
(d) If unpowered, weighs less than 155 pounds; or (e) If powered:
(1) Weighs less than 254 pounds empty weight, excluding floats and safety devices which are intended for deployment in a potentially catastrophic situation;
(2) Has a fuel capacity not exceeding 5 U.S. gallons;
(3) Is not capable of more than 55 knots calibrated airspeed at full power in level flight; and
(4) Has a power-off stall speed which does not exceed 24 knots calibrated airspeed.
§103.3 Inspection requirements.
(a) Any person operating an ultralight vehicle under this part shall, upon request, allow the Administrator, or his designee, to inspect the vehicle to determine the applicability of this part.
(b) The pilot or operator of an ultralight vehicle must, upon request of the Administrator, furnish satisfactory evidence that the vehicle is subject only to the provisions of this part.
No person may conduct operations that require a deviation from this part except under a written waiver issued by the Administrator.
§103.7 Certification and registration.
(a) Notwithstanding any other section pertaining to certification of aircraft or their parts or equipment, ultralight vehicles and their component parts and equipment are not required to meet the airworthiness certification standards specified for aircraft or to have certificates of airworthiness.
(b) Notwithstanding any other section pertaining to airman certification, operators of ultralight vehicles are not required to meet any aeronautical knowledge, age, or experience requirements to operate those vehicles or to have airman or medical certificates.
(c) Notwithstanding any other section pertaining to registration and marking of aircraft, ultralight vehicles are not required to be registered or to bear markings of any type.
Subpart B – Operating Rules
§103.9 Hazardous operations.
(a) No person may operate any ultralight vehicle in a manner that creates a hazard to other persons or property.
(b) No person may allow an object to be dropped from an ultralight vehicle if such action creates a hazard to other persons or property.
§103.13 Operation near aircraft; right-of-way rules.
(a) Each person operating an ultralight vehicle shall maintain vigilance so as to see and avoid aircraft and shall yield the right-of-way to all aircraft.
(b) No person may operate an ultralight vehicle in a manner that creates a collision hazard with respect to any aircraft.
(c) Powered ultralights shall yield the right-of-way to unpowered ultralights.
More than 1,200 feet above the surface and at or above 5 statute miles 10,000 feet MSL.
§103.11 Daylight operations.
(a) No person may operate an ultralight vehicle except between the hours of sunrise and sunset.
(b) Notwithstanding paragraph (a) of this section, ultralight vehicles may be operated during the twilight periods 30 minutes before official sunrise and 30 minutes after official sunset or, in Alaska, during the period of civil twilight as defined in the Air Almanac, if:
§103.15 Operations over congested areas.
No person may operate an ultralight vehicle over any congested area of a city, town, or settlement, or over any open air assembly of persons.
§103.17 Operations in certain airspace.
No person may operate an ultralight vehicle within Class A, Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport unless that person has prior authorization from the ATC facility having jurisdiction over that airspace. §103.19 Operations in prohibited or restricted areas.
No person may operate an ultralight vehicle in prohibited or restricted areas unless that person has permission from the using or controlling agency, as appropriate.
§103.20 Flight restrictions in the proximity of certain areas designated by notice to airmen.
No person may operate an ultralight vehicle in areas designated in a Notice to Airmen under §91.137, §91.138, §91.141, §91.143 or §91.145 of this chapter, unless authorized by:
(a) Air Traffic Control (ATC); or
(b) A Flight Standards Certificate of Waiver or Authorization issued for the demonstration or event.
§103.21 Visual reference with the surface.
No person may operate an ultralight vehicle when the flight visibility or distance from clouds is less than that in the table found below. All operations in Class A, Class B, Class C, and Class D airspace or Class E airspace designated for an airport must receive prior ATC authorization as required in §103.17 of this part.