In consideration of being permitted to utilize the lands, premises and/or equipment of Doug Keller, Karen Keller, Doug and Karen Keller operating under the name and style of Skyview Ranch, the said Skyview Ranch and any corporate entity or partnership established to own, manage, lease or otherwise utilize the lands, premises and/or equipment located at, but not limited to, those lands commonly known as “Skyview Ranch”, and municipally located at 841 Canyon Creek Road, Nicholson, British Columbia, and legally described as the NE ¼-19-26-21-W5, and any lands associated or utilized in connection therewith (the “Lands”), and to engage in any activities on the Lands whatsoever, including but not limited to walking, running, hiking, biking, cross-country skiing, snowshoeing (collectively the “Activities”), and in particular, any aviation sports, including, hang gliding, paragliding, solo and/or tandem flight, ground handling, kiting, and any and all related activities (collectively "Flying"), I hereby agree as follows:
I, (the “Releasor”),
hereby RELEASE AND FULLY DISCHARGE Doug Keller, Karen Keller, Doug and Karen Keller (collectively "Keller") operating under the name and style of Skyview Ranch, the said Skyview Ranch, and any corporate entity or partnership established to manage the Lands and/or Flying and/or the Activities (“Skyview”), AND all directors, officers, employees, volunteers, contractors or agents of Skyview (all of the above collectively being the “Released Parties”) from any and all liabilities, damages, claims, demands or causes of action of any kind whatsoever, in respect of all personal injuries, property losses, injuries 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, either Flying and/or the Activities, or arising from my mere presence on the Lands during Flying and/or the Activities, 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 the Activities have inherent dangers that no amount of care, caution, instruction or 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 THE ACTIVITIES, WHETHER OR NOT CAUSED BY ANY DEGREE OF NEGLIGENCE OF THE RELEASED PARTIES.
I have been advised and recognize that Flying and/or the Activities, or any activities related thereto, are not covered by any personal accident or general liability insurance policy issued to the Released Parties.
Keller and/or Skyview have the sole and exclusive right to refuse to continue, and to refuse to permit a Releasor to further engage in Flying and/or the Activities, in the sole, unfettered and exclusive discretion of Keller and/or Skyview, at any time and for any reason whatsoever, and I recognize that the Lands and Skyview Ranch are private property.
I hereby expressly recognize this Agreement and Release of Liability is a contract pursuant to which I have released any and all claims against the Released Parties resulting from my participation in Flying and /or the Activities, including any claims caused by any degree of negligence of the Released Parties.
I KNOW and I ADMIT as incontestable fact(s) that:
Flying is a potentially dangerous activity, exposing participants AND bystanders 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 Flying activities; and/or by bystanders observing such activities; and/or the operation of any equipment in relation to the Lands; and/or the condition of the Lands, including unmowed grasses, rocks or uneven terrain; and/or by weather-related factors such as wind, falling trees, precipitation and/or standing or flowing water; and/or the presence of wild and/or domestic animals such as dogs, horses, cattle or deer;
As a result of the above-mentioned risks and hazards, I as a participant may suffer serious personal injury, disability, and even death, as well as property damage or loss, and/or loss of income, which I may also suffer for participating in the Activities, or due to my mere presence on the Lands, including risks and hazards caused by third parties participating in either Flying or the Activities, or by third parties observing the Flying and/or Activities;
Some of the above-mentioned risks and hazards are foreseeable, others are not;
I freely and voluntarily assume all risks and hazards of my participation in the Activities and/or Flying. My preparation for, and participation in the Activities and/or Flying is entirely at my own risk. I am solely responsible for my own safety;
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), or am under the care of a Doctor, 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 Flying and/or the Activities;
I understand and agree that the Released Parties are in no way responsible whatsoever for my safety, or for any personal injuries, losses or damages which I may suffer as a result of the consumption of alcohol and/or recreational drugs by any parties on the Lands, and/or the operation of any motor vehicles or equipment on the Lands, including, but not limited to, any tow rigs utilized in relation to Flying;
I understand and agree that the Released Parties is are in no way responsible whatsoever for my safety during the course of my preparation for, or participation in, any Flying and/or the Activities;
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;
By signing this document I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless the Related Released Parties for any personal injuries, loss of income, losses or damages to any property, or that I may sustain while participating in or preparing for Flying and/or the Activities, whether or not such losses or injuries are caused solely or partly by the negligence of the Released Parties;
I have been provided with a reasonable opportunity and have been encouraged to seek independent legal advice prior to signing this agreement;
This RELEASE, WAIVER, INDEMNITY, AND ASSUMPTION OF RISK is binding upon me, my heirs, my executors, administrators, personal representatives and assigns; and
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 June 8, 2023