April 5, 2020
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Horseshoe Bend Flight Park LLC, their agents, owners, officers, volunteers, personnel, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "HBFP"), I hereby agree to release, indemnify, and discharge HBFP, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- I acknowledge that my participation in hang gliding activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: The forces of nature, including high winds, lightning, and rapid weather changes; changing visibility; falls from significant heights; the hazards of being struck by the equipment, slips and falls during take-off or landing; loss of flying control, including collapse, stall, spiral, change in direction or flight path; rapid rate of descent and ascent, pitch, yaw, roll and change in turning radius; collision with exposed rock, water, snow, cables, fences, vehicles, structures or other objects; high altitude; the risk of exposure to insects and encounters with wildlife; the negligence of participants, or other persons who may be present; travel over extreme mountainous or alpine terrain; travel on highways and back-country roads; becoming lost or separated from other pilots, guides, instructors or other participants; accidents or illness can occur in remote places without medical facilities; failing to act safely or within one’s own ability; my own physical condition; and the physical exertion associated with this activity.
Furthermore, HBFP personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
- I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless HBFP from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of HBFP 's equipment or facilities, including any such claims which allege negligent acts or omissions of HBFP.
- Should HBFP or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
- In the event that I file a lawsuit against HBFP, I agree to do so solely in the state of Idaho, and I further agree that the substantive law of that stat shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against HBFP on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at HBFP
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Date: April 5, 2020