Agreement and Release of Liability In consideration of being permitted to utilize the facilities, equipment and/or training of Muller Windsports Ltd., and to engage in the sport of Hang Gliding, Paragliding, solo and/or tandem flight, and all related activities (collectively “Flying”) and kite skiing and/or land kiting (collectively “Kiting”) I hereby agree as follows: I hereby RELEASE AND FULLY DISCHARGE MULLER WINDSPORTS LTD., Vincene Muller, Keith MacCullough, John Janssen, Mark Damm, Kyle Martens, Jeff Opekar AND all employees, volunteers, contractors or agents, specifically including but not limited to all instructors, of MULLER WINDSPORTS LTD., the Hang Gliding & Paragliding Association of Canada (“HPAC/ACVL”) and any of its instructors and members, and any landowners (the “Released Parties”) from any and all liability, damages, claims, demands or causes of action of any kind whatsoever, in respect of all personal injuries, property losses or death, specifically including, but not limited to, any claims for loss of income, that I may suffer arising out of or connected with, my training for, preparation for, or participation in, Flying and/or Kiting, the maintenance and operation of equipment utilized for Flying and/or Kiting, and/or the provision of, and/or sale of, kiting, hang gliding and/or paragliding equipment, to be utilized in Flying and/or Kiting, and driving to and from launching sites, notwithstanding that such injuries, losses or damages may have been caused solely or partly by the negligence of the Released Parties. I understand and acknowledge that Flying and/or Kiting activities have inherent dangers that no amount of care, caution, instruction or experience can eliminate and that I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN FLYING AND/OR KITING ACTIVITIES, WHETHER OR NOT CAUSED BY ANY DEGREE OF NEGLIGENCE OF THE RELEASED PARTIES. I have been advised and recognize that my Flying and/or Kiting activities, or any activities related thereto are not covered by any personal accident or general liability insurance policy issued to the Released Parties. Muller Windsports Ltd. has the right to refuse to continue lessons, and to refuse to permit a customer to further engage in Flying, Kiting and/or other activities, in the sole, unfettered and exclusive discretion of Muller Windsports Ltd. I hereby expressly recognize this Agreement and Release of Liability is contract pursuant to which I have released any and all claims against the Released Parties resulting from my participation in flying activities including any claims caused by any degree of negligence or of the Related Parties. I KNOW and I ADMIT as incontestable fact(s) that: - HANG GLIDING/PARAGLIDING/KITING are very dangerous activities, exposing participants to many risks and hazards, some of which are inherent in the very nature of the sport itself, others which result from human error and negligence on the part of persons involved in preparing, organizing and staging of such HANG GLIDING/PARAGLIDING/KITING activities;
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- As a result of those risks and hazards, I as a participant may suffer serious personal injury, disability, and even death, as well as property damage or loss;
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- Some of the risks and hazards are foreseeable, others are not;
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- I freely and voluntarily assume all risks and hazards of my participation in HANG GLIDING/PARAGLIDING/KITING. My preparation for, and participation in HANG GLIDING/PARAGLIDING/KITING is entirely at my own risk. I am solely responsible for my own safety;
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- I do NOT have any pre-existing medical condition(s), including but not limited to, heart conditions, high or low blood pressure, asthma, panic disorders, separated shoulders, joint issues, torn ligaments and/or severe allergies, or if I do have such condition(s), I have determined that such condition(s) and/or any prescribed or other medication(s) I may take will NOT impair my ability, or that of my fellow participants, to participate safely in Hang Gliding/Paragliding/Kiting. If I am under the care of a Doctor, utilize an epi-pen, inhaler, and/or any medications in relation to the foregoing or any other condition, I will disclose the same to any HPAC/ACVL certified instructor from whom I receive instruction;
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- I understand and agree that the Released Parties are in no way responsible whatsoever for my safety during the course of my preparation for, or participation in, any HANG GLIDING/PARAGLIDING/KITING;
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- I have carefully read this RELEASE, WAIVER, INDEMNITY, AND ASSUMPTION OF RISK agreement. I fully understand it, and I am freely and voluntarily signing my name in full agreement, on my own accord, and without pressure, coercion or duress of any person or persons whatsoever, including but not limited to the Released Parties;
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- By signing this document I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless the Released Parties for any losses or damage to any property or for personal injury that I may sustain while participating in or preparing for HANG GLIDING/PARAGLIDING/KITING programs or activities, whether or not such losses or injuries are caused solely or partly by the negligence of Released Parties;
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- I have been provided with a reasonable opportunity and have been encouraged to seek independent legal advice prior to signing this agreement;
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- This RELEASE, WAIVER, INDEMNITY, AND ASSUMPTION OF RISK is binding upon me, my heirs, my executors, administrators, personal representatives and assigns; and
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- I HAVE HAD SUFFICIENT OPPORTUNITY TO CAREFULLY READ THIS ENTIRE DOCUMENT. I HAVE FULLY READ AND UNDERSTOOD IT. I HAVE NOT SIGNED THIS DOCUMENT UNDER ANY DURESS OR COERCION BY ANY OTHER PERSON OR PERSONS. I HAVE CHOSEN TO SIGN IT OF MY OWN FREE WILL AND CHOICE. I HAVE OBTAINED INDEPENDENT LEGAL ADVICE BEFORE SIGNING OR HAVE CHOSEN TO WAIVE OBTAINING SUCH ADVICE. I AGREE TO BE BOUND BY ITS TERMS.
DATED: May 16, 2025
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