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Super Fly Paragliding
8683 Sandy Parkway
Sandy, UT 84070
801 255 9595

Today's Date: April 26, 2024

Acknowledgement of Risk

Cautionary Statement

Read each section of this document carefully and thoroughly before signing or initialing your name. Choosing to sign this waiver results in you giving up certain rights to bring legal action against Super Fly Inc., its agents, employees, devisees, executors, heirs, and assigns, the owners and manufacturers of any equipment used and the owners of any property utilized for paragliding activities, Super Fly Inc., Salt Lake County Parks, Utah State Parks, Chris Santacroce, Mark Rich, William Pardis, Blake Pelton, Pat Johnston and any and all booking agents (herein collectively referred to as "The School") for and from any property damage, personal injuries, or death that you may suffer as a result of participating in any phase of paragliding training, including the use of any equipment or supervision provided in connection with paragliding activities.

I have read and clearly understood the Cautionary Statement above
INITIAL IF YOU UNDERSTAND AND AGREE


In consideration of "The School" allowing the participant herein referred to as "The Participant" to utilize facilities and participate in paragliding and its associated activities, it is agreed to that:

1. ASSUMPTION OF RISK

The participant is fully aware that paragliding and all associated activities are calculated risk sports and contain inherent risks and dangers, which cannot be completely eliminated by anyone. These risks may subject The Participant to damage to property, serious injury, or even death. The participant knows and understands the scope, nature, and extent of the risks involved in the activities contemplated by this agreement, which includes but is not limited to the risk of equipment malfunction or failure to function, the risk of rapidly-changing weather conditions, the risk of negligent design, manufacture, or maintenance of paragliding equipment, and the risk that The Participant will receive negligent supervision or instruction from The School, including negligent use of ground transportation services, and the risk of collision with terrain while flying or ground-handling paragliding equipment. The Participant knows that ram-air wings and ascending parachute canopies sometimes malfunction even when they are properly designed, manufactured, assembled, maintained, and used due to unforeseeable weather changes or operator inputs, including the risk that The Participant will fly into turbulent winds. The result of such paraglider malfunctions may be The Participant's serious injury or death.

The participant acknowledges that paragliding flight involves travel in three (3) dimensions and that such activity is subject to mishap, injury and possibly even death. The Participant is fully informed of the risks of paragliding, paragliding instruction and supervision, and the use of ground transportation services, and despite this knowledge voluntarily and freely chooses to assume any and all such risks and dangers.

INITIAL IF YOU UNDERSTAND AND AGREE PARAGLIDING IS A DANGEROUS SPORT.


INITIAL IF YOU UNDERSTAND AND AGREE

2. EXEMPTION FROM LIABILITY

The Participant hereby fully and forever discharges and releases The School from any and all liability, claims, demands, actions,and causes of action whatsoever arising out of any damages both in law and equity, in any way resulting from personal injuries, pain and suffering, dismemberment, impairment, scarring, loss of income or earning capacity, loss of consortium, death, or property damages sustained by The Participant arising out of or relating in any way to his/her participation in any phase of paragliding training, paragliding flights, or any other vehicular or equipment operation, parachute or otherwise, or any other device of The School while on the ground or in flight, or while participating in any of the activities contemplated by this release. This exemption of liability includes loss, damage, injury, or death resulting from negligence of The School or any other cause or causes.

YOU PROMISE NOT TO HOLD US RESPONSIBLE FOR YOUR INJURIES OR DAMAGES.
INITIAL IF YOU UNDERSTAND AND AGREE


3. COVENANT NOT TO SUE

The Participant agrees that neither he/she nor his/her heirs, executors, devisees, personal representatives, administrators, spouse, assigns, or any other representative will ever institute any suit or action at law, equity, or otherwise against The School, nor initiate or assist in the prosecution of any claims for damages or cause of action which The Participant, his/her heirs, executors, devisees, personal representatives, administrators, or any other representative may have by reason of death or injury to the person of the The Participant or to his/her property arising from the activities contemplated by this agreement. If married, The Participant executes this agreement on behalf of him/herself, as well as on behalf of his/her spouse and the marital community which they compose.

YOU PROMISE NOT TO SUE THE SCHOOL OR ASSIST ANYONE ELSE IN ANY LAWSUIT AGAINST THE SCHOOL.
INITIALIF YOU UNDERSTAND AND AGREE


4. INDEMNITY AGREEMENT

The Participant agrees for him/herself and his/her heirs, executors, devisees, personal representatives, administrators, spouse, assigns, and any other representative to indemnify and hold harmless The School from any and all losses, claims, actions, or proceedings of any kind which may be initiated by The Participant and/or any other person or entity. This includes reimbursement of all legal costs and reasonable attorneys fees incurred by The Participant, The School, and indemnified parties, or any of them, for the defense of any such action, which may hereafter arise directly or indirectly from activities of The Participant while engaged in the activities contemplated by this agreement. YOU AGREE TO PAY OUR COSTS FOR ANY LAWSUIT BROUGHT ON YOUR BEHALF.
INITIAL IF YOU UNDERSTAND AND AGREE


5. CONTINUATION OF OBLIGATION

The Participant agrees and acknowledges that the terms and conditions of the above provisions, including ASSUMPTION OF RISK, EXEMPTION FROM LIABILITY, COVENANT NOT TO SUE, AND INDEMNITY AGREEMENT shall continue in full force and effect at all times, and shall be binding upon The Participant's heirs, executors, devisees, personal representatives, administrators, spouse, assigns, and any other representative.

THIS CONTRACT IS IN EFFECT NOW AND AT ANY TIME IN THE FUTURE.
INITIAL IF YOU UNDERSTAND AND AGREE


6. NO INSURANCE; DISCLAIMER OF ALL WARRANTIES

The School does not provide any insurance of any kind to The Participant in connection with the activities covered by this agreement. Moreover, The School is not covered by any medical or liability insurance for any incident or injury which may arise as a result of or in connection with The Participant's participation in any phase of paragliding, training, ground transportation, or any other activity covered by this agreement. Paragliding equipment is rented to the user as-is without any warranties, expressed or implied,including without limitation the implied warranty of merchantability. Paragliding training programs are not licensed or governed by any governmental authority. Persons associated with The School may have membership in or association with various national or international formal and informal groups who have various training procedures to which The School may or may not adhere. The School is the sole proponent of our program. The participant warrants that he/she is physically fit, mentally alert, competent to enter into this agreement, and has provided for himself/herself, including accidental disability and/or health insurance as he/she deems appropriate.

NO MEDICAL OR LIABILITY INSURANCE IS PROVIDED FOR THE PARTICIPANT.
INITIAL IF YOU UNDERSTAND AND AGREE


7. TERMS OF USE OF EQUIPMENT AND INSTRUCTION

I agree to pay for all damages to or loss of equipment belonging to or obtained from The School resulting from my use whether damage is intentional or unavoidable. I understand that I am paying for instruction in the sport of paragliding and that this does not guarantee my right to fly. PARTICIPANT AGREES TO PAY DAMAGES. ______


IF YOU UNDERSTAND AND AGREE

8. HEALTH AND FITNESS FOR PARAGLIDING

Paragliding is a strenuous physical and mental activity. We recommend a complete physical examination prior to training. The Participant agrees to refrain from taking any drug including alcohol for 12 hours prior to engaging in paragliding activities. I further state that I am legally competent to sign this affirmation and release and I understand that the terms herein are contractual and not a mere recital and that I have signed this document of my own free act. The Participant assured The School of his/her medical fitness and is aware of any current medical conditions and assumes his/her responsibility of physical fitness and capability to perform under the normal conditions of flight which utilizes a parachute-type airfoil as its main airfoil.

YOU AGREE THAT YOU HAVE NOT USED DRUGS OR ALCOHOL FOR 12 HOURS.
INITIAL IF YOU UNDERSTAND AND AGREE


9. The Participant expressly recognizes that this agreement and release of liability is a binding contract pursuant to which he/she has released all claims against the released parties resulting from participating in paragliding and related activities; it is not mere recital.

INITIAL IF YOU UNDERSTAND AND AGREE


10. APPLICABLE LAW; WAIVER OF JURY TRIAL; VENUE

I agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction). I further agree that Utah law shall govern any dispute arising from the activities covered by this Agreement. SHOULD THIS AGREEMENT BE BREACHED AND SUIT IS BROUGHT AGAINST THE SCHOOL OR ANY OTHER RELEASEE, THEN EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY. Any legal suit, action or proceeding arising out of or relating to this agreement or the transactions contemplated hereby shall be instituted solely in the United States federal court or state court located in the State of Utah, in the City of Salt Lake, County of Salt Lake.
INITIAL IF YOU UNDERSTAND AND AGREE


11. SEVERABILITY

I agree that this agreement is intended to be as broad and inclusive as permitted by the laws of the State of Utah and if any portions of this agreement are found to be unenforceable or against public policy, that only those portions shall fail, and I agree to be bound to the remainder of the agreement.
INITIAL IF YOU UNDERSTAND AND AGREE


12. BINDING ARBITRATION

Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be determined by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures ("Commercial Rules"). There shall be one arbitrator agreed to by the parties within twenty (20) days of receipt by respondent[s] of the request for arbitration or in default thereof appointed by the AAA in accordance with its Commercial Rules. The seat or place of arbitration shall be the City of Denver, County of Denver. Except as may be required by law, neither a party nor the arbitrator[s] may disclose the existence, content or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. The award rendered by the arbitrator shall be final, non-reviewable, non-appealable, and binding on the parties and may be entered and enforced in any United States District Court or state court located in the State of Utah. Judgment on the award shall be final and non- appealable.
INITIAL IF YOU UNDERSTAND AND AGREE


13. I am Eighteen (18) years of age or older and mentally competent to enter into this agreement. I understand that by signing this document, I am giving up important legal rights, and it is my intent to do so.
INITIAL IF YOU UNDERSTAND AND AGREE


14. ENTIRE AGREEMENT

I understand this agreement contains the entire agreement between the parties to this Agreement and that the terms of this Agreement are contractual and not a mere recital.
INITIAL IF YOU UNDERSTAND AND AGREE


I HAVE CAREFULLY READ THIS AGREEMENT AND RELEASE OF LIABILITY, FULLY UNDERSTAND ITS CONTENT AND IMPLICATIONS, AND SIGN IT OF MY OWN FREE WILL.

In witness of my agreement to the foregoing, I executed this document on this day of April 26, 2024.

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information

Copy the following statement to signify understanding: I REALIZE THAT PARAGLIDING IS AN INHERENTLY DANGEROUS SPORT WHICH MAY RESULT IN MY INJURY OR DEATH. *
Training Status:*

If you have paraglided before, how many paragliding flights have you made?

If you've received training, from where and how many months ago?
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information

Copy the following statement to signify understanding: I REALIZE THAT PARAGLIDING IS AN INHERENTLY DANGEROUS SPORT WHICH MAY RESULT IN MY INJURY OR DEATH. *
Training Status:*

If you have paraglided before, how many paragliding flights have you made?

If you've received training, from where and how many months ago?
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information

Copy the following statement to signify understanding: I REALIZE THAT PARAGLIDING IS AN INHERENTLY DANGEROUS SPORT WHICH MAY RESULT IN MY INJURY OR DEATH. *
Training Status:*

If you have paraglided before, how many paragliding flights have you made?

If you've received training, from where and how many months ago?
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information

Copy the following statement to signify understanding: I REALIZE THAT PARAGLIDING IS AN INHERENTLY DANGEROUS SPORT WHICH MAY RESULT IN MY INJURY OR DEATH. *
Training Status:*

If you have paraglided before, how many paragliding flights have you made?

If you've received training, from where and how many months ago?
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information

Copy the following statement to signify understanding: I REALIZE THAT PARAGLIDING IS AN INHERENTLY DANGEROUS SPORT WHICH MAY RESULT IN MY INJURY OR DEATH. *
Training Status:*

If you have paraglided before, how many paragliding flights have you made?

If you've received training, from where and how many months ago?
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information

Copy the following statement to signify understanding: I REALIZE THAT PARAGLIDING IS AN INHERENTLY DANGEROUS SPORT WHICH MAY RESULT IN MY INJURY OR DEATH. *
Training Status:*

If you have paraglided before, how many paragliding flights have you made?

If you've received training, from where and how many months ago?
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information

Copy the following statement to signify understanding: I REALIZE THAT PARAGLIDING IS AN INHERENTLY DANGEROUS SPORT WHICH MAY RESULT IN MY INJURY OR DEATH. *
Training Status:*

If you have paraglided before, how many paragliding flights have you made?

If you've received training, from where and how many months ago?
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information

Copy the following statement to signify understanding: I REALIZE THAT PARAGLIDING IS AN INHERENTLY DANGEROUS SPORT WHICH MAY RESULT IN MY INJURY OR DEATH. *
Training Status:*

If you have paraglided before, how many paragliding flights have you made?

If you've received training, from where and how many months ago?
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information

Copy the following statement to signify understanding: I REALIZE THAT PARAGLIDING IS AN INHERENTLY DANGEROUS SPORT WHICH MAY RESULT IN MY INJURY OR DEATH. *
Training Status:*

If you have paraglided before, how many paragliding flights have you made?

If you've received training, from where and how many months ago?
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information

Copy the following statement to signify understanding: I REALIZE THAT PARAGLIDING IS AN INHERENTLY DANGEROUS SPORT WHICH MAY RESULT IN MY INJURY OR DEATH. *
Training Status:*

If you have paraglided before, how many paragliding flights have you made?

If you've received training, from where and how many months ago?
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


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*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information

Copy the following statement to signify understanding: I REALIZE THAT PARAGLIDING IS AN INHERENTLY DANGEROUS SPORT WHICH MAY RESULT IN MY INJURY OR DEATH. *
Training Status:*

If you have paraglided before, how many paragliding flights have you made?

If you've received training, from where and how many months ago?
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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