Release, Waiver And Assumption Of Risk Agreement
In consideration of the benefits to be derived from membership / temporary
membership of Paragliding in Indonesia (FASI Paralayang / PGPI), I
and the parent or legal guardian of Pilot (if Pilot a minor), for themselves,
their personal representatives, heirs, executors, next of kin, spouses, minor children and
assigns, do agree as follows:
A. DEFINITIONS - The following definitions apply to terms used in this Agreement:
1. "PARTICIPATION IN THE SPORT" means launching (and/or assisting another in
launching), flying (whether as pilot in command or otherwise) and/or landing
(including, but not limited to, crashing) a paraglider (PG).
2. "SPORTS INJURIES” means personal injury, bodily injury, death, property damage
and/or any other personal or financial injury sustained by Pilot as a result of Pilot's
PARTICIPATIONIN IN THE SPORT and/or as a result of the administration of any
PGPI programs (for example: the Pilot Proficiency System). If Pilot is under 18 years
of age, the term "SPORTS INJURIES" means personal injury, bodily injury, death,
property damage and/or any other personal or financial injury sustained by Pilot as
well as personal injury, bodily injury, death, property damage and/or any other
personal or financial injury sustained by Pilot's parents or legal guardians, as a result
of Pilot's PARTICIPAT1ON IN THE SPORT and/or as a result of the administration of
any USPPA programs.
3. "RELEASED PARTIES" means the following, including their owners, officers,
directors, agents, spouses, employees, officials (elected or otherwise), members,
independent contractors, sub-contractors, lessors and lessees:
a. FASI Paragliding, a Delaware non-profit Organization (PGPI);
b. Each of the person(s) sponsoring and/or participating in the administration of
Pilot's proficiency rating(s);
c. Each of the organizations which are chapters of the PGPI;
d. FASI Paragliding and each of the city(ies), town(s), county(ies), State(s) and/or
other political subdivisions or governmental agencies within whose jurisdictions
pilot launches, flies and/or lands;
e. Each of the property owners on or over whose property Pilot may launch, fly
and/or land;
f. All persons involved, in any manner, in the sports of paragliding at the site(s)
where Pilot PARTICIPATES IN THE SPORT "All persons involved" include, but
are not limited to, spectators, PG pilots, assistants, drivers, instructors,
observers, and owners of PG equipment; and
g. All other persons lawfully present at the site(s) during Pilot's PARTICIPATION IN
THE SPORT.
B. 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 by the negligence (whether active or passive) of any of the
RELEASED PARTIES to the fullest extent allowed by law.
C. 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 suitor
making such a claim, I will pay all attorneys' fees and costs of the RELEASED PARTIES
D. LAWS. I agree that this agreement shall be governed by and construed in accordance
with the laws of the State of Delaware. All disputes and matters whatsoever arising under,
in connection with or incident to this Agreement shall be litigated, if at all, in and before a
Court located in the State of Jakarta to the exclusion of the Courts of any other State or
Country.
E. SEVERABILITY. 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 extent
necessary to bring it within the requirements of the law, and the remainder of the agreement
shall continue in full force and effect.
F. AGE. I represent that pilot is at least 18 years of age, or, that I am the parent or legal
guardian of pilot and am making this agreement on behalf of myself and pilot if I am the
parent or legal guardian of pilot, I agree to indemnify and reimburse the released parties
for their defense and indemnity from any claim or liability in the event that pilot suffers
sports injuries as a result of pilot's participation in the sport even if caused in whole or in
part by the negligence (whether active or passive) of any of the released parties.
G. 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 of the released
parties to the fullest extent allowed by law.
