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RELEASE, WAIVER AND ASSUMPTION OF RISK AGREEMENT

RELEASE, WAIVER AND ASSUMPTION OF RISK AGREEMENT

In consideration of being allowed to use the facilities and participate in the sport of ultralight vehicles and other activities provided by Aspen Paragliding, Inc. (Flight

School), the undersigned patron (Patron) (and the parent or legal guardian of Patron if Patron is under 18 years of age), for themselves, their personal representatives,

heirs, executors, next of kin, spouses, minor children and assigns, do agree as follows:

A. I acknowledge and understand that ultralight vehicle operations are not safe and that every year many people participating in ultralight vehicle operations have

suffered minor injury, major injury, life altering injury, paralysis, and even death.

B. I have read Part 103 of the Federal Aviation Administration rules (and FAA Advisory Circular 103-7) which authorizes Patron to participate in ultralight vehicle

operations (for example: powered and unpowered hang gliders and paragliders (including mini-wings & speed-wings)), and I understand that the FAA authorization

is premised upon Patron assessing the dangers involved and Patron's assumption of all responsibility for Patron's personal safety.

C. I represent that Patron has fulfilled Patron's obligation under Part 103 - that Patron has personally assessed the dangers involved in Patron's participation in ultralight

vehicle operations; that Patron knowingly assumes full and sole responsibility for Patron's personal safety; that Patron will assure Patron's own personal safety; and

that Patron will not rely upon anyone except Patron for Patron's safety.

D. DEFINITIONS - The following definitions apply to terms used in this Agreement:

1. “PARTICIPATION IN THE SPORT” means both attempted and successful acts of launching (or assisting another in launching), flying (whether as pilot in command

or otherwise) or landing (including, but not limited to, crashing) any ultralight vehicle, including all steps connected to such acts, such as assembly, rigging,

inspection, and disassembly of the glider, kiting and other ground handling of the glider, the practicing of and honing of the skills utilized in such acts., as well

as Patron's participation in any other activities provided by the Flight School.

2. “SPORTS INJURIES” means personal injury, bodily injury, death, property damage and any other personal or financial injury sustained by Patron, and if

Patron is under 18 years of age, sustained by Patron's parents and legal guardians, as a result of Patron’sPARTICIPATIONIN THESPORT or as a result of the

administration of any USHPA programs (for example: the USHPA Pilot Proficiency System).

3.“RELEASED PARTIES” means the following, including their owners, officers, directors, managers, agents, principals, spouses, employees, officials (elected or

otherwise), members, independent contractors, sub-contractors, lessors and lessees:

a) TheFlight School;

b) The United States Hang Gliding and Paragliding Association, a California Non-profit Corporation (USHPA);

c) The Professional Air Sports Association, a North Carolina Non-profit Corporation;

d) The United States Powered Paragliding Association, a Delaware Non-profit Corporation;

e) Each USHPA Certified Instructor, Mentor, Observer, Examiner, TECH or Administrator that has ever been involved in Patron’s flying activities;

f) Each of the person(s) sponsoring or participating in the administration of Patron’sUSHPA flight proficiency rating(s);

g) Parapente Aspen and each of the other hang gliding and paragliding organizations that are chapters of USHPA;

h) The United States Of America and each of the city(ies), town(s), county(ies), State(s) and other political subdivisions or governmental agencies within

whose jurisdictions Patron'sPARTICIPATIONIN THESPORT takes place;

i) Aspen Skiing Company; City of Aspen, CO; Pitkin County Open Space & Trails; Steve Vance, His Parents, Heirs & Estate and each of the other property

owners on or over whose property Patron'sPARTICIPATIONIN THESPORT takes place; and

j) The St Regis Aspen Resort, Marriott International, Inc, Aspen TRS Operating Tenant, LLC, operator of the St Regis Aspen Resort, owner and any other

parties of interest; W Aspen, Sky Residences at W Aspen, Marriott International Inc, Marriott Hotel Services, Northridge Capital, Aspen Club Residences

LLC, Aspen Club Lodge Properties LLC operator of W Aspen and Sky Residences at W Aspen, and any other parties of interest; Rocky Mountain

Connections, Inc. and its subsidiaries and clients; One10 LLC Maritz Holdings Inc. and its subsidiaries and clients; The Hotel Jerome an Auberge Property;

and all persons involved, in any manner, in all operations at the location(s) where PatronPARTICIPATESIN THESPORT, except for ultralight vehicle pilots

who are not members of USHPA. "All persons involved" includes, but is not limited to, spectators, other ultralight vehicle pilots, assistants, drivers, tow

equipment operators and owners, instructors, schools, observers, examiners, mentors, coaches, administrators, owners of ultralight vehicles, and owners of

ultralight vehicle equipment and tow equipment.

E. I FOREVER RELEASE AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, OR CAUSES OF ACTION

THAT I MAY HEREAFTER HAVE FOR SPORTS INJURIES, HOWEVER CAUSED, EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION, INACTION

OR NEGLIGENCE (WHETHER ACTIVE OR PASSIVE) OF ANY OF THE RELEASED PARTIES, TO THE FULLEST EXTENT ALLOWED BY LAW.

F. I WILL NOT SUE OR MAKE A CLAIM against any of the RELEASED PARTIES for loss or damage on account of SPORTS INJURIES. If I violate this Agreement by filing

such a suit or making such a claim, I will pay all attorneys’ fees and costs of the RELEASED PARTIES.

G. I agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Colorado.

H. Any lawsuit, or other proceeding, concerning any SPORTS INJURIES or otherwise arising under, in connection with or incident to this Agreement must be filed, if at all,

either 1) within twelve (12) months of the accrual of such cause of action, or 2) within the shortest limit of time permitted by law.

I. Each of the RELEASED PARTIES, whether or not parties to this Agreement, are intended beneficiaries of this Agreement and each of them may enforce each and

every provision of this Agreement as though they were parties to this Agreement.

J. If any part, article, paragraph, sentence or clause of this Agreement is not enforceable, the affected provision shall be curtailed and limited only to the limited

extent necessary to bring it within the requirements of the law, and the remainder of the Agreement shall continue in full force and effect.

K. This Agreement shall apply to any and all SPORTS INJURIES occurring at any time after the execution of this Agreement by Patron. This Agreement is in addition to

and is not intended to replace any other agreements related to liability for SPORTS INJURIES that Patron (or Patron's parents or legal guardians) may have signed,

either in the past or in the future. To the extent that there is any conflict between any part, article, paragraph, sentence or clause of such agreements, Patron (and

Patron's parents or legal guardians) intends to be subject to the parts, articles, paragraphs, sentences, and clauses of each agreement that provide the most

expansive release of claims and assumption of risk allowed by law.

L. I represent that Patron is at least 18 years of age, or, that I am the parent or legal guardian of Patronand am making this Agreement on behalf of myself and

Patron. If I am the parent or legal guardian of Patron, I AGREE TO INDEMNIFY AND REIMBURSE the RELEASED PARTIES for their defense and indemnity from

any claim or liability in the event that Patron suffers SPORTS INJURIES as a result of Patron’sPARTICIPATIONIN THESPORT, even if caused in whole or in part by the

action, inaction or negligence (whether active or passive) of any of the RELEASED PARTIES,to the fullest extent allowed by law.

M. I VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, OF SPORTS INJURIES, HOWEVER CAUSED,

EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION, INACTION, OR NEGLIGENCE (WHETHER

PASSIVE OR ACTIVE) OF THE RELEASED PARTIES,TO THE FULLEST EXTENT ALLOWED BY LAW.

I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND THE POTENTIAL DANGERS OF ENGAGING IN ULTRALIGHT VEHICLE

OPERATIONS AND THAT ACTION, INACTION OR NEGLIGENCE OF OTHERS CAN INCREASE THOSE DANGERS. I UNDERSTAND AND AGREE THAT

THIS DOCUMENT IS LEGALLY BINDING AND WILL PREVENT ME FROM RECOVERING MONETARY DAMAGES FROM THE ABOVE LISTED ENTITIES AND

INDIVIDUALS, WHETHER SPECIFICALLY NAMED OR NOT, FOR PERSONAL INJURY, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, OR ANY

OTHER PERSONAL OR FINANCIAL INJURY SUSTAINED BY PATRON IN CONNECTION WITH FLIGHT SCHOOL'S ACTIVITIES.

WARNING: BY SIGNING, YOU ARE WAIVING SIGNIFICANT LEGAL RIGHTS. DO NOT SIGN WITHOUT

READING!

/ /

Patron’s Signature Date Print Patron’s Name

/ /

Signature of Patron’s Parent or Legal Guardian if Patron under 18 years of age Date Patron’s USHPA #

RRRG8530-A-UV (0126011) Aspen Paragliding, Inc.

Doc ID: 499f02f5aa5af22f9fd0f03367f242112d5ad773FAA REGULATIONS - PART 103

"Part 103 is based on the assumption that any individual who elects to fly an ultralight vehicle

has assessed the dangers involved and assumes personal responsibility for his/her safety" FAA Advisory Circular 103-7

§103.1 Applicability.

This part prescribes rules governing the operation of ultralight vehicles in the United

States. For the purposes of this part, an ultralight vehicle is a vehicle that:

(a) Is used or intended to be used for manned operation in the air by a

single occupant;

(b) Is used or intended to be used for recreation or sport purposes only;

(c) Does not have any U.S. or foreign airworthiness certificate; and

(d) If unpowered, weighs less than 155 pounds; or

(e) If powered:

(1) Weighs less than 254 pounds empty weight, excluding floats and

safety devices which are intended for deployment in a potentially

catastrophic situation;

(2) Has a fuel capacity not exceeding 5 U.S. gallons;

(3) Is not capable of more than 55 knots calibrated airspeed at full

power in level flight; and

(4) Has a power-off stall speed which does not exceed 24 knots

calibrated airspeed.

§103.3 Inspection requirements.

(a) Any person operating an ultralight vehicle under this part shall, upon

request, allow the Administrator, or his designee, to inspect the vehicle

to determine the applicability of this part.

(b) The pilot or operator of an ultralight vehicle must, upon request of

the Administrator, furnish satisfactory evidence that the vehicle is

subject only to the provisions of this part.

§103.5 Waivers.

No person may conduct operations that require a deviation from this part

except under a written waiver issued by the Administrator.

§103.7 Certification and registration.

(a) Notwithstanding any other section pertaining to certification of

aircraft or their parts or equipment, ultralight vehicles and their

component parts and equipment are not required to meet the

airworthiness certification standards specified for aircraft or to have

certificates of airworthiness.

(b) Notwithstanding any other section pertaining to airman certification,

operators of ultralight vehicles are not required to meet any

aeronautical knowledge, age, or experience requirements to operate

those vehicles or to have airman or medical certificates.

(c) Notwithstanding any other section pertaining to registration and

marking of aircraft, ultralight vehicles are not required to be registered

or to bear markings of any type.

§103.9 Hazardous operations.

(a) No person may operate any ultralight vehicle in a manner that

creates a hazard to other persons or property.

(b) No person may allow an object to be dropped from an ultralight

vehicle if such action creates a hazard to other persons or property.

§103.11 Daylight operations.

(a) No person may operate an ultralight vehicle except between the

hours of sunrise and sunset.

(b) Notwithstanding paragraph (a) of this section, ultralight vehicles

may be operated during the twilight periods 30 minutes before official

sunrise and 30 minutes after official sunset or, in Alaska, during the

period of civil twilight as defined in the Air Almanac, if:

(1) The vehicle is equipped with an operating anticollision light visible

for at least 3 statute miles; and

(2) All operations are conducted in uncontrolled airspace.

§103.13 Operation near aircraft; right-of-way rules.

(a) Each person operating an ultralight vehicle shall maintain vigilance so as

to see and avoid aircraft and shall yield the right-of-way to all aircraft.

(b) No person may operate an ultralight vehicle in a manner that

creates a collision hazard with respect to any aircraft.

(c) Powered ultralights shall yield the right-of-way to unpowered ultralights.

§103.15 Operations over congested areas.

No person may operate an ultralight vehicle over any congested area of a city,

town, or settlement, or over any open air assembly of persons.

§103.17 Operations in certain airspace.

No person may operate an ultralight vehicle within Class A, Class B, Class

C, or Class D airspace or within the lateral boundaries of the surface area

of Class E airspace designated for an airport unless that person has prior

authorization from the ATC facility having jurisdiction over that airspace.

§103.19 Operations in prohibited or restricted areas.

No person may operate an ultralight vehicle in prohibited or restricted

areas unless that person has permission from the using or controlling

agency, as appropriate.

§103.20 Flight restrictions in the proximity of certain areas designated

by notice to airmen.

No person may operate an ultralight vehicle in areas designated in a

Notice to Airmen under §91.137, §91.138, §91.141, §91.143 or

§91.145 of this chapter, unless authorized by:

(a) Air Traffic Control (ATC); or

(b) A Flight Standards Certificate of Waiver or Authorization issued for

the demonstration or event.

§103.21 Visual reference with the surface.

No person may operate an ultralight vehicle except by visual reference

with the surface.

§103.23 Flight visibility and cloud clearance requirements.

No person may operate an ultralight vehicle when the flight visibility or

distance from clouds is less than that in the table found below. All

operations in Class A, Class B, Class C, and Class D airspace or Class E

airspace designated for an airport must receive prior ATC authorization as

required in §103.17 of this part.

Airspace 

Flight visibility 

Distance from clouds

Class A 

Not applicable 

Not Applicable.

Class B 

3 statute miles 

Clear of Clouds.

Class C 

3 statute miles

500 feet below.

1,000 feet above.

2,000 feet horizontal.

Class D 

3 statute miles

500 feet below.

1,000 feet above.

2,000 feet horizontal.

Class E:

Less than 10,000 feet

MSL 

3 statute miles

500 feet below.

1,000 feet above.

2,000 feet horizontal.

At or above 10,000 feet

MSL 

5 statute miles

1,000 feet below.

1,000 feet above.

1 statute mile horizontal.

Class G:

1,200 feet or less above

the surface (regardless of

MSL altitude)

1 statute mile 

Clear of clouds.

More than 1,200 feet above

the surface but less than

10,000 feet MSL

1 statute mile

500 feet below.

1,000 feet above.

2,000 feet horizontal.

More than 1,200 feet above

the surface and at or above

10,000 feet MSL

5 statute miles

1,000 feet below.

1,000 feet above.

1 statute mile horizontal.


RRRG 9130 (0716001)

Doc ID: 499f02f5aa5af22f9fd0f03367f242112d5ad773

 

First Participant's Name
First Name*
Last Name*
Phone*
Select Gender
First Participant's Date of Birth*
Date of Birth
Information
Flight Date: *
Weight *
Height *
Do you have health insurance?*
No
Yes
If so, what is the name of the company?
In case of accident, notify: *
Telephone *
Relationship *

Training Status:

I have never had paragliding training.
How many paragliding flights have you made:
If you've received training please list the company and how many months ago you were training:
How did you find out about Aspen Paragliding?
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Information
Flight Date: *
Weight *
Height *
Do you have health insurance?*
No
Yes
If so, what is the name of the company?
In case of accident, notify: *
Telephone *
Relationship *

Training Status:

I have never had paragliding training.
How many paragliding flights have you made:
If you've received training please list the company and how many months ago you were training:
How did you find out about Aspen Paragliding?
Third Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Information
Flight Date: *
Weight *
Height *
Do you have health insurance?*
No
Yes
If so, what is the name of the company?
In case of accident, notify: *
Telephone *
Relationship *

Training Status:

I have never had paragliding training.
How many paragliding flights have you made:
If you've received training please list the company and how many months ago you were training:
How did you find out about Aspen Paragliding?
Fourth Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Information
Flight Date: *
Weight *
Height *
Do you have health insurance?*
No
Yes
If so, what is the name of the company?
In case of accident, notify: *
Telephone *
Relationship *

Training Status:

I have never had paragliding training.
How many paragliding flights have you made:
If you've received training please list the company and how many months ago you were training:
How did you find out about Aspen Paragliding?
Fifth Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Information
Flight Date: *
Weight *
Height *
Do you have health insurance?*
No
Yes
If so, what is the name of the company?
In case of accident, notify: *
Telephone *
Relationship *

Training Status:

I have never had paragliding training.
How many paragliding flights have you made:
If you've received training please list the company and how many months ago you were training:
How did you find out about Aspen Paragliding?
Sixth Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Information
Flight Date: *
Weight *
Height *
Do you have health insurance?*
No
Yes
If so, what is the name of the company?
In case of accident, notify: *
Telephone *
Relationship *

Training Status:

I have never had paragliding training.
How many paragliding flights have you made:
If you've received training please list the company and how many months ago you were training:
How did you find out about Aspen Paragliding?
Seventh Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Information
Flight Date: *
Weight *
Height *
Do you have health insurance?*
No
Yes
If so, what is the name of the company?
In case of accident, notify: *
Telephone *
Relationship *

Training Status:

I have never had paragliding training.
How many paragliding flights have you made:
If you've received training please list the company and how many months ago you were training:
How did you find out about Aspen Paragliding?
Eighth Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Information
Flight Date: *
Weight *
Height *
Do you have health insurance?*
No
Yes
If so, what is the name of the company?
In case of accident, notify: *
Telephone *
Relationship *

Training Status:

I have never had paragliding training.
How many paragliding flights have you made:
If you've received training please list the company and how many months ago you were training:
How did you find out about Aspen Paragliding?
Ninth Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Information
Flight Date: *
Weight *
Height *
Do you have health insurance?*
No
Yes
If so, what is the name of the company?
In case of accident, notify: *
Telephone *
Relationship *

Training Status:

I have never had paragliding training.
How many paragliding flights have you made:
If you've received training please list the company and how many months ago you were training:
How did you find out about Aspen Paragliding?
Tenth Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Information
Flight Date: *
Weight *
Height *
Do you have health insurance?*
No
Yes
If so, what is the name of the company?
In case of accident, notify: *
Telephone *
Relationship *

Training Status:

I have never had paragliding training.
How many paragliding flights have you made:
If you've received training please list the company and how many months ago you were training:
How did you find out about Aspen Paragliding?
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
In consideration for the above minor(s) being permitted by Aspen Paragliding to participate in tandem paragliding activities (the "Event") at the Aspen Mountain Ski Area, Pitkin County, Colorado, I agree to the following waiver, release and indemnification: The undersigned, for themselves and on behalf of said minor(s), hereby represents and warrants under the penalty of fraud that he/she is the parent or legal guardian of the aforesaid minor(s) and hereby joins in and agrees to the provisions of the foregoing Waiver, Release and Indemnity Agreement and hereby stipulates and agrees to save harmless, indemnify, and forever defend Aspen Paragliding, the United States Hangliding and Paragliding Association, Aspen Skiing Company, and their respective owners, agents, officers, employees, sponsors, volunteers, and insurers from and against any claims, actions, demands, expenses, liabilities (including reasonable attorneys' fees) and ordinary NEGLIGENCE made or brought by said minor(s) or by anyone on behalf of said minor(s), as a result of his/her/their participation in the Event including, without limitation, his/her/their use of the Aspen Paragliding and Aspen Skiing Company properties and facilities.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Phone*
Select Gender
Parent or Guardian's Date of Birth*
Date of Birth
Information
Flight Date: *
Weight *
Height *
Do you have health insurance?*
No
Yes
If so, what is the name of the company?
In case of accident, notify: *
Telephone *
Relationship *

Training Status:

I have never had paragliding training.
How many paragliding flights have you made:
If you've received training please list the company and how many months ago you were training:
How did you find out about Aspen Paragliding?
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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