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Iris Paramotor LLC

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© 2020 Iris Paramotor, LLC - All rights reserved

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Iris Paramotor LLC
6 S Sapphire Dr
Camano Island, WA 98282
1-800-835-8073
info@iris-paramotor.com

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK & INDEMITY AGREEMENT

WARNING: PLEASE READ CAREFULLY BEFORE SIGNING!
THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS
INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION

  1. I understand that each person participating in the Activity is a “Participant.” I am signing this on my own behalf and, if a Participant is under the age of 18, I am signing as that Participant’s parent or legal guardian.

  2. I understand that certain recreational activities that are conducted using equipment and accessories produced, assembled or sold by Iris Paramotor LLC, including but not limited to, paramotoring (also known as Powered Paragliding or “PPG”), paragliding, kiting /ground handling, gear maintenance, storage, transport, assembly and other directly or indirectly related activities, whether guided, instructed, self-directed or otherwise, including but not limited to, use of the equipment and accessories and our facilities (including parking lots, showroom, walkways, event tents) used for service, sale, instruction or for any other related reason (the “Activities”), CAN BE HAZARDOUS AND PRESENT A RISK OF SERIOUS PHYSICAL INJURY OR DEATH.

     

  3. I understand that in the United States, powered paragliding and some of the Activities listed above are classified under FAA Regulations part 103.7 as Ultralight Vehicles. It states that “An ultralight vehicle is not subject to Federal aircraft certification and maintenance standards.” and that “There is no assurance that a particular ultralight vehicle will have consistent performance, controllability, structural integrity, or maintenance. Your safety, and potentially that of others depends on your adherence to good operation and maintenance practices. This includes proper preflight techniques, operation of the vehicle within the manufacturer’s recommended flight envelope, operation only in safe weather conditions, and providing safety devices in anticipation of emergencies. 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.”

    I understand that by the inherent nature of these Activities and current regulations for the equipment and accessories used to participate these Activities, no manufacturing, testing or operational safety standards exist; I am knowingly choosing to use equipment to engage in Activities that are experimental in nature and are are not just uncertified but also uncertifiable. 

  4. I understand that all Activities carry risks, inherent and otherwise, including but not limited to, injury or death caused by: collision, falling, crashing or loss of balance, loss of control, high speeds, strenuous activity, equipment failure (including unexpected engine outs, physical part failure, unexpected behavior) or improper use; and the negligence of the activity operator, instructor, or other participants.

    In addition, each Activity carries certain unique risks, which include but are not limited to, injuries, death, property or equipment damage to the operator (Participant) or others caused by: (a) collisions or entanglements with ground, other people or aircraft, drones, balloons, vehicles, power lines, natural or manmade objects, trees, buildings, cell towers (b) minor or serious crashes caused by main canopy (paraglider) or reserve parachute malfunctions, equipment failures including but not limited to carabiner, swing arms, throttle, safety straps, harness, frame, frame hoop and netting, metal hardware and buckles, which can cause loss of control or unexpected and/or uncorrectable flight behaviors (c) serious injury or death on the ground or in flight caused by contact of pilot’s body or any other whole or part of equipment or accessory with propeller or any other mechanical parts (d) risk of fire due to fuel and oil spillage or improper maintenance, engine tuning or usage, storage or charging of batteries (e) contact with open water, capsizing, swimming, drowning, and cold water immersion (f) unexpected and/or uncontrollable flight behavior due to equipment malfunction, improper maintenance, unsafe equipment, equipment used outside of recommended parameters (such as pilot weight, height, skill level, recommended certifications), improper configuration, tuning, incorrect hang point or strap adjustment, neglected pre-flight and post-flight checks, modification, alteration of any part of the equipment or accessory and any operation outside of standard intended operational parameters  (g) operating in an unsafe or reckless manner such as flying around obstacles, conditions outside of operator’s skill level, flying in turbulence, in close proximity to ground, ground-starting, flying near storm fronts or other unsafe weather systems (h) unsafe or improper operation due to lack of professional training or pilot’s decision making practices.

    I understand that the description of the risks in this agreement is not complete and voluntarily choose for participant to participate in and EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITY AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS resulting therefrom, whether or not described here, known or unknown, inherent or otherwise.

  5. I expressly acknowledge that: (a) Participant has studied and understands all rules and regulations of participation in the Activity; (b) Participant is responsible for complying with all rules, regulations and safe operation practices in all Activities; (c) Participant must have the physical ability,  dexterity and knowledge to safely operate all equipment and accessories; (d) proper training and instruction is the responsibility of the Participant (e) that emergency situations, unexpected engine failures, crashes, injuries and collisions occur and that injuries are a common and ordinary occurrence of the Activity; (f) PARTICIPANT HAS THE OPPORTUNITY TO INSPECT THE EQUIPMENT AND ACCESSORIES PRIOR TO PARTICIPATING in the Activity; (g) PARTICIPANT ASSUMES ALL RISK RELATED TO ASSEMBLING, CONFIGURING, STORING, INSPECTING, TRANSPORTING AND OPERATING EQUIPMENT.

6. Additionally, in consideration for allowing the Participant to participate in the Activity, I AGREE, to the greatest extent permitted by law, TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE Iris Paramotor LLC and all their respective insurance companies, successors in interest, commercial & corporate sponsors, affiliates, agents, employees, contractors, representatives, assignees, officers, directors, and shareholders (each a “Released Party”) FOR ANY INJURY, INCLUDING DEATH, LOSS, PROPERTY DAMAGE OR EXPENSE, WHICH I OR PARTICIPANT MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF PARTICIPANT’S PARTICIPATION IN THE ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT AGAINST THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITY.

In further consideration for allowing Participant to participate in the Activity, I FURTHER RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT I MAY NOW HAVE AGAINST ANY RELEASED PARTY AND UNDERSTAND THIS RELEASES ALL CLAIMS, INCLUDING THOSE OF WHICH I AM NOT AWARE, THOSE NOT MENTIONED IN THIS RELEASE AND THOSE RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW.

7. I ALSO AGREE TO PAY ALL COSTS, INCLUDING ATTORNEYS’ FEES, INCURRED BY ANY RELEASED PARTY IN DEFENDING AN INVESTIGATION, CLAIM OR LAWSUIT BROUGHT BY OR ON PARTICIPANT’S BEHALF WHETHER ARISING IN WHOLE OR IN PART FROM PARTICIPANT’S PARTICIPATION IN ANY ACTIVITY OR FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS AGREEMENT.

8. I represent that Participant is in good health and that there are no special problems associated with Participant’s physical or mental condition.

9. If a minor Participant is participating in the Activity, I represent that I am the minor Participant’s parent or legal guardian and that I VOLUNTARILY GRANT PERMISSION FOR HIM/HER TO TAKE PART IN THE ACTIVITY. I acknowledge that I am signing this release on behalf of the minor and that THEY SHALL BE BOUND BY ALL THE TERMS OF THIS RELEASE. If my child is participating, I also acknowledge that: (a) I have spoken to my child about the Activity; (b) my child understands and appreciates the risks of participating in the Activity; and (c) my child is voluntarily participating in the Activity. By signing this agreement without a parent or guardian’s signature, I represent that I am at least 18 years old. I AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS’ FEES, arising from any misrepresentations in or fraudulent execution of this agreement.

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