Voluntary Release, Assumption of Risk, and Indemnity Agreement


Windy Hill Skyriders Inc.
2035 Lyon Ave.
Belmont, CA 94002

CAUTION: PARAGLIDING AND HANG GLIDING ARE HAZARDOUS ACTIVITIES

Read each section of this document carefully and thoroughly before initialing and signing your name. By so initialing and signing your name to this agreement, you are giving up certain rights to bring legal action against the Windy Hill Skyriders Inc., its members, agents, employees, successors and assigns, owners, suppliers, distributors, retailers and manufactures of any equipment used: and owners, lessors, and lessees of any personal property used for paragliding and/or hang gliding activities (hereinafter collectively referred to as the released parties), for any property damage, personal injuries or death you may suffer as a result of your participation in paragliding and/or hang gliding activities.


I, , request and am granted permission to engage in the sports of hang gliding and/or paragliding at the Windy Hill Open Space Preserve of the Mid-Peninsula Regional Open Space District (MROSD) as a pilot, driver, pedestrian, and/or passenger (all collectively referred to in this document as permissive use).
In consideration of permissive use of the Windy Hill Open Space Preserve, I for myself, my personal representatives, heirs, executors, next of kin, spouse and assigns, do agree as follows:

 

1. Release, Waiver, and Discharge

I hereby release, waive, and discharge:

  1. The Town of Portola Valley and any of its affiliated organizations.
  2. The Mid-Peninsula Regional Open Space District (MROSD)
  3. The Windy Hill Skyriders, Inc., hang gliding and paragliding club, its members, and officers
  4. The United States Hang Gliding and Paragliding Association (USHPA)
  5. All persons participating in hang gliding or paragliding activities at the Windy Hill Open Space Preserve in any manner including, but not limited to, pilots, assistants, drivers, instructors, observers, and owners of equipment, and each of them, the officers, directors, agents, employees, members, committees, and boards (all collectively referred to in this document as released parties) from any and all claims and liability for my personal injury, my death, or my property damage, connected with my permissive use of Windy Hill Open Space Preserve, however caused, even if caused by the negligence of the released parties or arising under the doctrine of strict liability.

 

2. Assumption of all Risks of Hang Gliding and Paragliding

  • I understand and acknowledge that the sports of hang gliding and paragliding have inherent dangers and risks of personal injury, death, and property damage that no amount of care, caution, instruction, or expertise can eliminate.
  • I further know that the sports of hang gliding and paragliding are an extreme test of a person’s physical and mental limits, that there are risks involved which are unknown to me, and there are risks involved which are not even foreseeable
    I further acknowledge that the risks and dangers are constantly changing and are so numerous that even the known risks cannot be set out as examples in this document.
  • I acknowledge that have reviewed and am aware of all Site Procedures for hang gliding and paragliding at Windy Hill Open Space Preserve. I promise to comply with all these Site Procedures. I recognize that neither the existence of the Site Procedures nor my adherence to the Site Procedures can ensure my safety. I also recognize that the Site Procedures may actually create risks of personal injury, death, or property damage which would otherwise not exist.
  • Nevertheless, I voluntarily elect to assume all risks, known and unknown, of personal injury, death, or property damage connected with my participation in the sports of hang gliding or paragliding, however caused, even if caused in whole or in part by the action, inaction, or active or passive negligence of the released parties.

 

3. Covenant Not to Sue and Indemnity Agreement

  • I agree that I will not sue or make claims against the released parties for loss or damage on account of my personal injury, my death, or my property damage sustained as a result of my permissive use of Windy Hill Open Space Preserve. I also agree that I will hold the released parties harmless, and indemnify them for any claim, judgement, cost, or expense, including attorneys fees, incurred by the released parties arising out of my permissive use of Windy Hill Open Space Preserve.
  • I acknowledge that my permissive use of Windy Hill Open Space Preserve is not covered by any personal accident or general liability insurance policy issued to the released parties. I certify that considering my lifestyle and the manner in which I am supporting my dependents, I have made adequate provisions for my spouse, if any. My children, if any, my heirs, if any, and any and all other persons dependent upon me so that in the event of my death or injury, they will have suffered no financial loss.
    This release, assumption of risk, and indemnity agreement shall be given broad construction.
  • I agree that this Voluntary Release, Assumption of Risk, and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of California. If any portion of this document is held invalid, it is agreed that the balance thereof shall continue in full force and effect.

 

By signing below, you are agreeing to the following statements, and are waiving significant legal rights. Do not sign without reading thoroughly.

  • I HAVE READ THIS DOCUMENT
  • I UNDERSTAND IT IS A RELEASE OF ALL CLAIMS, PRESENT AND FUTURE.
  • I UNDERSTAND THAT I ASSUME ALL RISKS INHERENT IN HANG GLIDING AND/OR PARAGLIDING
  • I AM OVER THE AGE OF 18, AND VOLUNTARILY SIGN MY NAME IN EVIDENCE OF MY ACCEPTANCE OF THE PROVISIONS.
  • I REALIZE THAT PARAGLIDING AND HANG GLIDING ARE HAZARDOUS ACTIVITIES THAT MAY RESULT IN SERIOUS INJURY TO MYSELF OR EVEN MY DEATH!
  • I HAVE CAREFULLY READ THIS AGREEMENT AND RELEASE OF LIABILITY, FULLY UNDERSTAND AND AGREE TO ITS CONTENTS, AND SIGN IT OF MY OWN FREE WILL.

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Windy Hill Skyriders https://www.windyhillskyriders.com
Signature Certificate
Document name: Voluntary Release, Assumption of Risk, and Indemnity Agreement
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Timestamp Audit
March 2, 2019 12:49 pm PSTVoluntary Release, Assumption of Risk, and Indemnity Agreement Uploaded by Windy Hill Skyriders - support@windyhillskyriders.com IP 104.132.0.71