LIABILITY AND INDEMNITY AGREEMENT FOR TEMPORARY STUDENT LICENCE CARD
Read the provisions before deciding whether to be involved in any form of flying activities related to paragliding or powered paragliding and all related activities including making use of transportation means before, during, and after the activity.
In consideration of your registered pilot with Paraglide Africa School, hereafter referred to as the TFI Instructor, Instructor and/or his/her company allowing me as a participant to utilize facilities, purchase, lease, rent, borrow, or otherwise obtain goods and/or services, and/or participate in paragliding, and hang-gliding and powered forms of either and all related activities including the free use of vehicles to facilitate the activity, it is agreed that:
1. ASSUMPTION OF RISK
1.1 I am fully aware that participation in paragliding and hang-gliding and powered forms of either and all related activities are calculated, high-risk activities that contain inherent risks and dangers (including serious injury or death) that no amount of care, caution, instruction, or expertise can eliminate. I voluntarily and freely choose to incur any and all such risks and dangers. By signing this document I acknowledge that I understand the scope, nature, and extent of the risks involved in the activities contemplated by this agreement.
1.2 I further realize that there are risks involved which are unknown to me or unforeseeable.
1.3 I further acknowledge that the risks and dangers are constantly changing and are numerous and not limited to, equipment failure, changing and unpredictable weather conditions, collisions with other paragliders, pilot error, negligence of instructors, operators, and other participants, and therefore, all the risks cannot be set out as examples in this document.
1.4 I am fully aware that participation in personnel transportation before, during, and after the activity has multiple risks, internally and externally, and takes place of free will. Transportation is provided free of charge. Driving has its own inherent risks and dangers and no amount of care, caution, instruction, or expertise can eliminate serious injury or death.
2. EXEMPTION FROM LIABILITY
I, my heirs, executors, administrators or assigns, or the participants or my estate hereby indemnify and hold harmless, now and in the future,
2.1 The South African Hang Gliding and Paragliding Association ("SAHPA") as well as the Civil Aviation Authority of South Africa (“CAA”).
2.2 The Pilot in command referred to as the TFI instructor or instructor
2.4 The Operating company under which the activity is presented
2.4 The operator of any vehicles or transportation methods utilised to facilitate the activity.
2.5 Employees, contractors, agents, successors, or assigns, and any land-owners on whose premises our flying activities take place from any and all liability, claims, actions, and causes of action, whatsoever, arising out of any damage, loss, inclusive of my personal injury, my bodily injury, my death, and any damage to my property and/or any other personal or financial injury or loss, while upon the premises or in or around aircraft, paragliders, tow launch systems of any type, harnesses, or other vehicle, whether stopped or in motion, while participating in club flying, personal flying, demonstrations, training, paragliding flights, tandem paragliding or paraglider towing, powered forms of either or any other activity, directly, or indirectly, contemplated by this agreement, including all associated activities, for example transportation, whether such loss, damage or injury results from the negligence or gross negligence, either active or passive, of any of the aforementioned people or entities.
3.1 I agree to pay for all damages to or loss of equipment belonging to the TFI Instructor and/or his/her company, resulting from my use of equipment during solo or tandem flying, whether the damage is intentional or unavoidable.
3.2 I understand that I am paying for instruction in the sports of paragliding and/or hang gliding, powered forms of either and all related activities.
3.3 I understand that any Tandem flight that I undertake as a student passenger will be for the purposes of training only and I have duly completed the first flight student and temporary SAHPA membership form and paid the prescribed permit and membership fee.
4. HEALTH AND FITNESS
4.1 Paragliding or hang gliding and powered forms of either are strenuous physical and mental activities. I confirm that I am mentally and physically capable of participating in these activities, and declare that I have no existing medical condition that would prevent me from participating in these activities.
5. CANCELLATION OF POLICIES AND COST OF RESCUE AND MEDICAL ATTENTION
5.1 I acknowledge that I am aware of the fact that my participation in this paragliding or hang gliding, powered forms of either and all related activities may result in the cancellation of any policies I may have, inter alia, medical aid, policies over my life, retirement annuities, or any other insurance policies.
5.2 I authorize the TFI Instructor and/or his/her company, its owners, employees, contractors, and agents to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. I agree that upon my transport to any such medical facility or hospital not any of the aforementioned people shall have any further responsibility for me.
5.3 Further, I agree to pay all costs associated with such medical care and related transportation provided for me and shall indemnify and hold harmless the TFI Instructor and/or his/her company, its owners, employees, contractors, drivers, and agents of and from any costs incurred therein.
6. THIRD-PARTY LIABILITY
I declare that, if, as a result of my negligence, or willful misconduct, anyone suffers personal injury, death, or financial injury I might be held liable. I hereby indemnify the TFI Instructor and/or his/her company, driver, for any damages they may suffer as a result of defending any action brought against them or being liable to any third person in connection with my aforesaid act or omission.
I agree that this agreement shall be governed by the laws of the Republic of South Africa and all disputes and matters arising from and Incidental to this agreement shall be litigated in the appropriate courts in the Republic of South Africa to the exclusion of the courts of any other country:
8. INSTRUCTIONAL LESSON PLAN AND ENROLMENT FORM
I agree that this form will become my student file for the instructional flight that will take place with my assigned instructor and any comments from the student or instructor can be entered into this document at the end of the flight lesson.
It is the student's responsibility to view the pre-flight video at the link below alternatively the instructor will conduct an in-person briefing: https://youtu.be/ZI32ZsfxwMI
The following instructional exercises as stipulated in the Paraglide Africa DTO (SACAA/0021/DTO) might be covered by the instructor with the student during their training session :
- Exercise 1 – Familiarisation with the aircraft -characteristics of the Paraglider systems -checklists, drills, controls
- Exercise 3 – Air experience, introducing the student to aircraft-specific flight.
- Exercise 4 – Effects of primary and secondary control. Basic airmanship.
- Exercise 5 – Pre-launch checks, control of speed, and stopping
- Exercise 9 – Turning, entry, and maintaining medium-level turns and resuming straight flight.
- Exercise 10 – Safety checks.
- Exercise 13 – Circuit, approach, and landing. Circuit procedures, downwind, base leg approach, and landing.
9. COUNTRY OF DOMICILE
Paraglide Africa company contact details:
Company Physical Address: Plot 37, Outeniqua road, Hoekwil 6538
Telephone: +27 72 608 5574
I HEREBY DECLARE THAT I HAVE CAREFULLY READ THIS AGREEMENT AND RELEASE OF LIABILITY, FULLY UNDERSTAND ITS CONTENTS AND IMPLICATIONS, AND SIGN IT OF MY OWN FREE WILL AND BY ACCEPTING THE TEMPORARY STUDENT MEMBERSHIP LICENSE CARD AS LEGAL PROOF OF THIS AGREEMENT.