Rockpilot Rigging Inc. Acknowledgment of Risk, Release of Liability, Covenant Not to Sue, and Indemnity Agreement To be completed by the client. This Master Service Waiver applies to all current and future services, Invoices and all Gear Intake Forms submitted to Rockpilot Rigging Inc. unless and until a subsequent written agreement is executed. 1. SCOPE OF SERVICES & PROFESSIONAL STANDARDSRockpilot Rigging Inc. provides professional technical services for soft-goods aviation, parachuting, paragliding and wind-sport equipment, including detailed inspections, porosity and fabric testing, trim-tuning, line set replacements, riser and component integration, technical sewing, structural repairs, custom modifications, and reserve repacking or harness systems integration. These services apply to paragliding canopies, reserves, and harnesses, skydiving and BASE canopies, kitesurfing kites, paramotor wings, and all related technical soft goods and apparel. All work is performed to the best of our ability in accordance with the certified service standards and technical protocols established by CSPA (Rigger A/A1), APPI, NOVA, BGD and SKYWALK. Rockpilot Rigging Inc. operates as a specialized technical facility and relies on these industry-leading benchmarks to ensure the highest level of precision. Full payment for all services is due within 15 days upon receipt of invoice. 2. MASTER AGREEMENT STATUS I agree that this document serves as the Master Legal Agreement governing all current and future professional interactions with Rockpilot Rigging Inc. This MASTER SERVICE WAIVER agreement remains in full force and effect as long as the equipment or the effect exists. I EXPRESSLY AGREE THAT THIS DOCUMENT IS INEXORABLY LINKED TO EVERY "GEAR INTAKE FORM" AND ANY ASSOCIATED INVOICE, NOW OR IN THE FUTURE. THESE DOCUMENTS FORM A SINGLE, INDIVISIBLE LEGAL CONTRACT. I AGREE THAT EVERY PIECE OF EQUIPMENT SUBMITTED AT ANY TIME IS FULLY SUBJECT TO ALL TERMS, WAIVERS, RELEASES, AND INDEMNIFICATIONS CONTAINED IN THIS MASTER AGREEMENT. I agree that the releases, covenants, and indemnifications contained in this version of the Master Service Waiver shall survive any termination or replacement of this agreement and remain permanently binding for all services performed while this version was in effect. 3. LIMITATION OF DAMAGES (THE "CEILING" CLAUSE) IN THE EVENT THAT ANY PART OF THE ABOVE RELEASE IS FOUND UNENFORCEABLE AND ROCKPILOT RIGGING INC. IS HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT OR LOSS, I EXPRESSLY AGREE THAT THE MAXIMUM TOTAL DAMAGES RECOVERABLE SHALL NOT EXCEED TWO (2) TIMES THE COST OF THE SERVICE FEE PAID, OR THE ACTUAL DEPRECIATED MARKET VALUE OF THE EQUIPMENT AT THE TIME OF SERVICE, WHICHEVER IS LESS. UNDER NO CIRCUMSTANCES SHALL ROCKPILOT RIGGING INC. BE LIABLE FOR CONSEQUENTIAL, INDIRECT, EXCEPTIONAL, AGGREVATED OR PUNITIVE DAMAGES. 4. EXCULPATORY CLAUSE AND TOTAL RELEASE OF LIABILITY (READ CAREFULLY: YOU ARE GIVING UP LEGAL RIGHTS) I OR ANYONE CLAIMING THROUGH ME DOES HERBY UNCONDITIONALLY RELEASE, WAIVE, AND FOREVER DISCHARGE ROCKPILOT RIGGING INC., ITS OWNERS, OFFICERS, EMPLOYEES, RIGGERS, AND AGENTS (COLLECTIVELY THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR CAUSES OF ACTION OF ANY KIND. I EXPRESSLY AGREE THAT THIS RELEASE APPLIES EVEN IF I AM INJURED OR KILLED AS A DIRECT OR INDIRECT RESULT OF THE NEGLIGENCE, FAULT, OR CARELESSNESS (WHETHER ACTIVE OR PASSIVE, SOLE OR CONCURRENT) OF ROCKPILOT RIGGING INC. OR THE RELEASED PARTIES. I ACCEPT THAT ROCKPILOT RIGGING INC. IS NOT RESPONSIBLE FOR ANY OVERSIGHT, ERROR IN JUDGMENT, OR DEFECT IN WORKMANSHIP. 5. PILOT OBLIGATIONS & REPRESENTATIONS I certify that I have disclosed all known history, damage, and usage—including flight and ground-handling hours—for any equipment currently submitted. I ACKNOWLEDGE AND ACCEPT MY ONGOING AND SOLE RESPONSIBILITY TO FULLY DISCLOSE THE COMPLETE HISTORY, PREVIOUS DAMAGE, AND ACCURATE USAGE DATA ON EVERY INDIVIDUAL GEAR INTAKE FORM SUBMITTED TO ROCKPILOT RIGGING INC. NOW AND IN THE FUTURE. I understand that Rockpilot Rigging Inc. relies entirely on the accuracy of my disclosures to perform its services. While all work is performed with professional care, the company cannot guarantee the future airworthiness or safety of any equipment.. Consequently, I agree to perform my own thorough pre-flight checks before every flight and strictly adhere to all manufacturer guidelines. I accept that safe flying and the final decision to launch remain my responsibility alone. 6. ASSUMPTION OF INHERENT RISKS I understand and accept that the use of aviation, paragliding, parachuting, kitesurfing, BASE gear and any related equipment involves inherent risks that can result in severe injury, permanent disability, or death. I understand that even with expert inspection and repair, equipment can fail due to unforeseen factors including but not limited to environmental factors (such as weather, terrain or similar), manufacturing defects, equipment design, equipment and component compatibility or user error. I voluntarily assume all risks associated with the use of the equipment serviced by Rockpilot Rigging Inc. 7. COVENANT NOT TO SUE, INDEMNIFICATION, AND "HAMMER" CLAUSE I EXPRESSLY AGREE AND PROMISE THAT NEITHER I (OR ANYONE CLAIMING THROUGH ME), NOR MY FAMILY, HEIRS, ESTATE, OR LEGAL REPRESENTATIVES WILL EVER BRING A LAWSUIT, CLAIM, OR LEGAL ACTION AGAINST ROCKPILOT RIGGING INC. FOR ANY INJURY, PROPERTY DAMAGE, OR DEATH ARISING OUT OF THE SERVICES PROVIDED, REGARDLESS OF WHETHER SUCH CLAIM IS BASED ON STRICT LIABILITY, BREACH OF CONTRACT, OR NEGLIGENCE ON THE PART OF ROCKPILOT RIGGING INC. COMMERCIAL & SCHOOL EQUIPMENT: IF I AM SUBMITTING EQUIPMENT ON BEHALF OF A FLIGHT SCHOOL, INSTRUCTIONAL PROGRAM, OR COMMERCIAL OPERATION, I EXPLICITLY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ROCKPILOT RIGGING INC. AGAINST ANY AND ALL CLAIMS, LAWSUITS, OR PROCEEDINGS BROUGHT BY STUDENTS, RENTERS, OR THIRD-PARTY USERS OF THE SERVICED EQUIPMENT. I AGREE TO ASSUME FULL LIABILITY FOR ANY DIRECT OR INDIRECT CONSEQUENCES OF SUCH ACTIONS. I FURTHER AGREE THAT THE FILING OF ANY SUCH LAWSUIT OR LEGAL ACTION SHALL CONSTITUTE A MATERIAL BREACH OF THIS AGREEMENT. IN THE EVENT OF A BREACH, OR IF A THIRD-PARTY/STUDENT CLAIM IS BROUGHT AGAINST ROCKPILOT RIGGING INC. REGARDING MY SUBMITTED EQUIPMENT, I SPECIFICALLY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ROCKPILOT RIGGING INC. I EXPRESSLY AUTHORIZE ROCKPILOT RIGGING INC. TO SEEK IMMEDIATE REIMBURSEMENT FROM ME, MY BUSINESS, OR MY ESTATE FOR ALL COSTS INCURRED IN DEFENDING AGAINST SUCH CLAIMS, INCLUDING BUT NOT LIMITED TO: ACTUAL ATTORNEY’S FEES, LEGAL EXPENSES, COURT COSTS, INVESTIGATION COSTS, AND EXPERT WITNESS FEES. I CONSENT TO THE FILING OF ANY MOTION, LEGAL ACTION, APPLICATION, OR CLAIM AT MY COST. FURTHERMORE, I AGREE TO BE SOLELY RESPONSIBLE FOR ANY JUDGMENTS, DISBURSEMENTS, CAUSE, OR SETTLEMENTS THAT MAY BE ASSESSED AGAINST ROCKPILOT RIGGING INC. RESULTING FROM SUCH BREACH OR THIRD-PARTY CLAIM. 8. EXCLUSIVE CHOICE OF LAW AND VENUE I AGREE THAT ANY LEGAL ACTION, DISPUTE, OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT REGARDLESS OF CONFLICT OF LAWS, PRINCIPLES OR THE SERVICES PROVIDED BY ROCKPILOT RIGGING INC. MUST BE FILED SOLELY AND EXCLUSIVELY IN THE PROVINCIAL COURTS LOCATED IN COCHRANE, ALBERTA, CANADA. I WAIVE ANY RIGHT TO CHANGE THE VENUE OR JURISDICTION BASED ON CONVENIENCE, PLACE OF INJURY OR DAMAGE, OR MY PLACE OF RESIDENCE. 9. VOLUNTARY NATURE AND LOW SOCIAL UTILITY I acknowledge that all forms of recreational parachuting and aviation—including but not limited to paragliding, mini-wing flight, speed flying, parakiting, BASE jumping, kite surfing and sport parachuting—are entirely voluntary, non-essential activities. I agree that these activities are purely elective and of little to no public importance or essential value to society at large. I warrant that I am under no compulsion, economic or otherwise, to fly or jump; I choose to engage in these activities solely for my own personal satisfaction and recreational pleasure. 10. SUCCESSORS AND ASSIGNS This agreement is binding upon my heirs, next of kin, executors, administrators, and legal representatives. It shall also enure to the benefit of Rockpilot Rigging Inc. and its successors, assigns, and legal representatives. 11. CORPORATE STRUCTURE, ASSETS, AND SEVERANCE OF LIABILITYI acknowledge that Rockpilot Rigging Inc. is an operating entity and that technical assets or machinery may be owned by a separate parent holding company and leased to the operator. I waive any right to claim against the assets of any such holding company or owner for liabilities incurred by the operating entity. Furthermore, I agree that any "Change of Control," change of ownership, or transfer of assets immediately severs any implied liability link between the operating entity and any parent company or successor. Rockpilot Rigging Inc. reserves the right to assign this Agreement and all associated waivers to a parent company or successor entity at its sole discretion. 12. SEVERABILITY I agree that this agreement is intended to be as broad and inclusive as permitted by the laws of Alberta, Canada. If any portion of this agreement is held to be invalid or unenforceable, that specific portion shall be severed, and the remainder of the agreement shall continue in full legal force and effect. 13. ENTIRE AGREEMENT This Master Service Waiver, associated Invoices and any associated Gear Intake Forms, constitutes the entire agreement between the parties and supersedes all prior discussions or oral/written representations. No modification of this agreement shall be valid unless made in writing and signed by an authorized representative of Rockpilot Rigging Inc. BY SIGNING BELOW, I ATTEST THAT I AM AT LEAST 19 YEARS OF AGE AND AM PROVIDING MY SOBER, UNIMPAIRED CONSENT TO THIS WAIVER. I WARRANT THAT I AM OF SOUND MIND, ACTING OF MY OWN FREE WILL AND VOLITION, AND ABSENT ANY DURESS OR COERCION. I HAVE READ THIS DOCUMENT IN ITS ENTIRETY AND FULLY UNDERSTAND THAT I AM PERMANENTLY SIGNING AWAY ALL LEGAL RIGHTS IN FAVOR OF ROCKPILOT RIGGING INC.
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