IHPA Terms & Conditions of Membership and Forum usage.
Waiver
I agree to abide by all the rules of the Association and to conduct all my flying activities with due consideration for the safety of other pilots, landowners and the public and private property in full accordance with the Standard Operating Procedures of the IHPA.
In consideration of the benefits to be derived from membership in the Irish Hang Gliding & Paragliding Association Ltd (IHPA) I, for myself, my 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 hang glider or paraglider.
2. "SPORTS INJURIES" means personal injury, bodily injury, death, property damage and/or any other personal or financial injury sustained by Pilots as a result of Pilot's PARTICIPATION IN THE SPORT and/or as a result of the administration of any IHPA programs. 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 PARTICIPATION IN THE SPORT and/or as a result of the administration of any IHPA programs.
3. "RELEASED PARTIES" means the following, including their owners, officers, directors, agents, spouses, employees, officials (elected or otherwise), independent contractors, sub-contractors, lessors and lessees:
- The Irish Hang Gliding & Paragliding Association Ltd, the National Governing Body for hang gliding and paragliding in Ireland (IHPA), its Directors, Officers and Committee Members.
- Each of the person(s) sponsoring and/or participating in the administration of Pilot's proficiency rating(s).
- Each of the hang gliding and/or paragliding and/or other organizations which are affiliated to the IHPA.
- Each of the property owners on or over whose property Pilot may launch, fly and/or land.
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 PARTIESto 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 suit or making such a claim I will pay all attorneys fees and costs of the
RELEASED PARTIES.
D. I AGREE THAT this AGREEMENT shall be governed by and construed in accordance with the laws of Ireland. 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 Ireland to the exclusion of the Courts of any other Country.
E. SEVERABLILITY. 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. I REPRESENT THAT I am 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 defence 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.
E. This Release, Waiver & Assumption of Risk Agreement will remain in force unless specifically revoked in writing to the Treasurer and acknowledged as received (in writing) by the Treasurer.
I have read, understand, and agree to this, Release, Waiver & Assumption of Risk Agreement.