In consideration of being allowed to use the facilities and participate in the Non-Motorized Paragliding Flight School and other activities (collectively the "Activities") provided by Monterey Sky Sports, LLC (the "Host"), the Participant, and the Participants parents or legal guardians do hereby agree, to the fullest extent permitted by the law, as follows:
- TO WAIVE ALL CLAIMS that they have or may have against the Host, it's owners, affiliates, employees, and/or agents arising out of the inherent risks of participating in the Activities;
- TO ASSUME ALL RISKS INHERENT IN PARTICIPATING IN THE ACTIVITIES; and
- TO RELEASE the Host, it's owners, affiliates, employees, and or agents, from all liability from any loss, damage, injury, or expense forming the basis for a claim and or cause of action that the Participant (or his/her parents or legal guardians) may suffer, arising out of the inherent risks of the participation in the Activities.
The Participant and his/her parents or legal guardian certify that the Participant has no physical mental condition that precludes him her from participating in the Activities and he/she is not participating against medical advice.
The Participant and his/her parents or legal guardians understand that the Participants participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Host’s equipment and facilities before any participation.
The Participant and his/her parents or legal guardians understand that the Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and being aware of his/her surroundings.
If, while participating in the Activities, the Participant and his/her parents or legal guardians observe any unusual hazard or condition, which they believe jeopardizes the Participants personal safety or that of others, the Participant and or his her parents or legal guardians will remove the Participant from the participation in the Activities and immediately bring said hazard or condition to the attention of the Host.
I, parent/legal guardian, hereby agree that I will explain to my child that the risk of injury while participating in the activities can be reduced by following the rules and through the use of common sense and good judgment.
To the extent that any portion of this agreement is deemed to be invalid under the law of applicable jurisdiction, the remaining portions of the agreement shall remain binding and available for use by the Host and it's counsel and any proceeding.
I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.
Date: November 22, 2019
MONTERY SKY SPORTS, LLC STUDENT WAIVER
141 10th St., Pacific Grove, CA 93950 (831) 275-0719 www.montereyskysports.com
RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS & ASSUMPTION OF RISK
In consideration for the renting, purchasing or leasing of a paraglider and related equipment (“Gliding Equipment”) from Monterey Sky Sports, LLC and/or the utilizing of the facilities, ground school, instruction, premises, and equipment of Montery Sky Sports, LLC in engaging in paragliding, tandem paragliding, ground instruction, flight instruction, or other related activities (hereinafter collectively called the “Gliding”), I hereby understand and agree to the release of liability, waiver of claims, assumption of risk and declaration of fitness agreement (this “Waiver”), three pages total and to the terms hereof as follows:
I HAVE READ THE RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND DECLARATION OF FITNESS AGREEMENT, THE NEXT TWO PAGES, AND FULLY UNDERSTAND ITS CONTENTS. I SIGN IT OFF MY OWN FREE WILL AND AGREE TO BE BOUND BY IT.
In witness of my agreement to the foregoing, I execute this document this day of November 22, 2019.