1. I hereby RELEASE AND DISCHARGE the The Blue Mountain Flying Club, it’s officers and members, and any, agents, employees, instructors, pilots, monitors, assistants, the owners of the equipment and the land used for gliding activities (herein after collectively referred to as “Released Parties”), from any and all liability, claims, demands or causes of action that I may hereafter have for injuries and damages arising out of my participation in gliding activities, including but not limited to losses CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES. |
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2. I further agree that I WILL NOT SUE OR MAKE A CLAIM against the Released Parties for damages or other losses sustained as a result of my participation in gliding activities. I also agree to INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from all claims, judgments and costs, including attorney’s fees, incurred in connection with any action brought as a result of my participation in gliding activities. |
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3. I understand and acknowledge that gliding activities have inherent dangers that no amount of care, caution, instruction, or expertise can eliminate and EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN GLIDING ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASE PARTIES. |
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4. I have been advised and recognize that my gliding activities are not covered by any personal accident or general liability insurance policy issued to the Released Parties. |
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5. I hereby expressly recognize that this agreement and Release of Liability is a contract pursuant to which I have released any and all claims against the Released Parties resulting from my participation in gliding activities including any and all claims caused by the negligence of the Released Parties. |
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6. I understand that all lessons are prepaid, nontransferable, non-refundable, and must be taken within one year from date of enrollment |
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7. In signing this document, I wave the right of my dependents, friends, business associates, next of kin, parents, spouse, extended family or anyone else to pursue any claim against any party for my flying related activities. |
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8. I expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of Pennsylvania and that, if any portion of the agreement is held invalid, it is agreed that the balance shall; notwithstanding, continue in full legal force and effect. |
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9. I release all officials and professional personnel from any claim whatsoever on account of first aid, treatment or service rendered to me during participation in any of the above mentioned activities. |
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10. This release contains the entire agreement between parties to this agreement and the terms of this release are contractual and not a mere recital. |
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11. I understand that this site is open because of delicate relationships developed with the land owners of both, launch and the landing zones, and will do my part to assist in maintaining good relations by not landing in the restricted zones or flying in the class C space, behind launch, which I understand is 2,800 to 4,400 MSL. |
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