INFORMED CONSENT, ASSUMPTION OF RISK, and RELEASE OF LIABILITY

We will do everything in our control to make your introductory tandem paragliding flight a safe and enjoyable one. We have provided hundreds of introductory tandem paragliding flights without incident. However, these are the unavoidable facts of paragliding life:

1. Your pilot, and others involved in making your flight possible are human beings who are capable of making mistakes.
2. Your equipment is made by human beings and therefore is not perfect, and can malfunction.
3. Paragliding is NOT perfectly safe. We cannot offer any guarantees. We do not guarantee that our equipment nor that anyone involved in making your flight possible will perform flawlessly. You may get hurt even if we and you do everything correctly.

We therefore require you to read and sign this “informed consent, assumption of risk, and release of liability” agreement before your flight:

THIS IS A CONTRACT BETWEEN ME, EBEN LINDSEY AND LUCAS KOWAL

Eben Lindsey and Lucas Kowal are individuals who provide services to persons participating in the sport of paragliding. In making this contract, Eben Lindsey and Lucas Kowal are acting as agents for their pilots, instructors, employees, agents, ground crew, volunteers, equipment owners and operators, and any other person involved in the provision of paragliding goods, collectively referred to below as “Eben Lindsey and Lucas Kowal”.

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 if not for entering into this agreement, I would not be permitted to engage in paragliding activities.

I WANT TO DO THIS, PLEASE LET ME FLY

It is my wish to take an introductory tandem paragliding flight. I will follow the instruction provided so as to minimize the danger on my 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 Eben Lindsey nor Lucas Kowal. 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 CAN BE DANGEROUS, and I ASSUME THE RISK

I know that the sport of paragliding exposes 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 Eben Lindsey and/or Lucas Kowal. 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, release, and indemnify Eben Lindsey and Lucas Kowal from any and all liability, claims, demands, or causes of action arising from any property damage or bodily injury of any kind, up to and including my death, as a result of my paragliding activities. I agree that no damages, compensation, or other award will be payable to me or my estate by Eben Lindsey nor Lucas Kowal 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 Eben Lindsey and/or Lucas Kowal. This covenant not to sue binds my estate, heirs, survivors, assigns, executors, administrators, and legal representatives. I agree that Eben Lindsey and Lucas Kowal are entitled to an award of legal fees and costs incurred in any defense of a suit or action, including appeals, and that Eben Lindsey and Lucas Kowal are 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.

INDEMNITY AGAINST THIRD PARTY CLAIMS

I indemnify and hold harmless Eben Lindsey and Lucas Kowal from any damages or losses caused to third parties resulting from my participation 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 Eben Lindsey and Lucas Kowal or any related entity. This contract remains in force indefinitely unless 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.

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 Eben Lindsey and/or Lucas Kowal that conflict with this statement, and Eben Lindsey and Lucas Kowal have 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 Eben Lindsey and Lucas Kowal reside.

“PARAGLIDING ACTIVITIES” INCLUDE:

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, including “Hang gliding”.

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 will take the unhurried opportunity to ask questions of Eben Lindsey and Lucas Kowal until I have been given answers satisfactory to me. 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. My initials (check box) have been placed beside every paragraph to indicate that I have read, understood, and accepted each one.