This agreement is made between you and One Up Adventures, LLC, (including its agents, subsidiaries, and affiliates), and its owners and employees, (sometimes referred to as “the Company”), agents and independent contractor pilots.
I have requested that I be allowed to ride as a passenger in a powered paraglider tandem aircraft. I understand that neither One Up Adventures or its owners or employees would be willing to accept me as a passenger were they to incur any liability. I am signing this release for the express purpose of extinguishing any liability they may otherwise have. In consideration of my being allowed to be a passenger, I agree to the following:
The company has or may form subsidiaries and may contract with independent contractors and affiliated companies for the purpose of providing the services contemplated by this agreement. This agreement is intended to release the company for any acts of negligence including the acts of such subsidiaries, independent contractors, or affiliated companies, or their employees.
I understand that this agreement is intended to cover all interactions that I may have with the company either during training or at any time in the future.
I agree and accept that the company and its employees are only willing to provide services because of my agreeing to the terms set forth herein.
I hereby RELEASE, WAIVE AND DISCHARGE the company, including its agents, subsidiaries and affiliates, its officers, directors and owners, and/ or its employees from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or to any property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY, ITS EMPLOYEES, INSTRUCTORS, OR OTHERWISE, for any activities, or in, on or upon the premises where the activities are being conducted. I further agree that I will not file suit against the company or its employees for any injuries I may receive and specifically waive any right that I might otherwise obtain against them. This agreement applies to all claims, whether they arise from negligence, breach of contract, or otherwise.
September 28, 2021
I am fully aware of the risks and hazards connected with powered paragliding, including the risk of injuries that can cause death or bodily injury, and I hereby voluntarily elect to participate in said activities knowing that the activities may be hazardous to me and my property. I recognize that there are certain risks involved in powered paragliding that cannot be eliminated or avoided. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or any loss or damage to property owned by me, as a result of any action or failure to act, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR ITS EMPLOYEES OR SOME OTHER SET OF CIRCUMSTANCES.
I understand that powered paragliding is virtually unregulated. There are no laws or regulations that govern the equipment being used, the experience of the pilots or instructors, or any other material aspects of the sport. Different instructors and “experts” in the field of powered paragliding have different opinions regarding the safest way to fly powered paragliders. I completely RELEASE, WAIVE AND DISCHARGE the company and its employees for any decisions regarding these matters, regardless of what may be considered by others to be a standard for conducting these activities.
I assume full responsibility for any health risks that I may have. Neither the company nor its employees have in any way evaluated whether I am healthy enough to participate in the activities contemplated by this agreement. I assume all risks associated with the activities including the risk of death or serious bodily injury resulting from any health condition I may have.
I understand that the company does not make any claim or representation that the equipment used is fit for any particular purpose.
I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the company, its employees, and instructors from any loss, liability, damage or costs, including court costs and attorney’s fees, that may incur due to my participation in said activities WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR ITS EMPLOYEES or otherwise.
It is my express intent that this agreement shall bind the members of my family and spouses, if I am alive, and my heirs, successors, assigns and personal representatives, if I am deceased, and shall be deemed as a RELEASE, WAIVER AND DISCHARGE OF LIABILITY, HOLD HARMLESS, COVENANT NOT TO SUE AND INDEMNIFICATION AGREEMENT.
September 28, 2021
I further agree to indemnify the company and its employees from any suits that may be brought as a result of my contact with the company, its employees or instructors. Specifically, I agree to indemnify them from any claims that may be brought by my family members, heirs, or other beneficiaries or creditors of any estate or trust that I may create, as well as any other claims that may be brought against the company or its employees resulting from my activities.
I understand that I have the right to have this agreement reviewed by an attorney of my choice and have either done so or waived that right.
I agree that this agreement shall be construed in accordance with the laws of the State of Florida.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read and understand the foregoing provisions and that I sign this AGREEMENT voluntarily as my own free act and deed. No oral representations, statements, or inducement, apart from the foregoing written agreement, have been made. I am at least eighteen (18) years of age and fully competent. I execute this Release for full, adequate and complete consideration, fully intending to be bound by same.
September 28, 2021