ACKNOWLEDGEMENT OF RISK

PLEASE READ EACH SECTION OF THIS DOCUMENT CAREFULLY AND THOROUGHLY. CHOOSING TO SIGN THIS WAIVER RESULTS IN YOU ACCEPTING THAT PARAGLIDING AND PARAMOTORING ARE POTENTIALLY DANGEROUS SPORTS THAT MAY RESULT IN YOUR DEATH OR SERIOUS INJURY. YOU ALSO AGREE TO NOT HOLD SKYOPS EXECUTIVE LTD, DIRECTORS, EMPLOYEES AND LAND OWNERS RESPONSIBLE FOR ANY INCIDENTS WHICH MAY OCCUR DURING SKYWEEK WHICH ARE NOT A RESULT OF ANY NEGLIGENCE ON THE PART OF SKYOPS EXECUTIVE LTD.

1. ASSUMPTION OF RISK

The participant is fully aware that Paragliding, Paramotoring and all associated activities are calculated risk sports and contain inherent risks and dangers, including serious injury or death. The participant knows and understands the scope, nature, and extent of the risks involved in the activities contemplated by this agreement. The participant voluntarily and freely chooses to incur any and all such risks and dangers.

2. EXEMPTION FROM LIABILITY

The participant hereby fully and forever discharges and releases SkyOps, its owners or directors, employees, instructors, equipment manufacturers, and owners of land used for Paragliding and Paramotoring activities 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 incidents or property damages sustained by the participant arising out of Paraglider and Paramotor flights or any other vehicle operation, Paramotor or otherwise, or any other device of SkyOps while on the ground or in flight, or while participating in any of the activities contemplated by this release. Exemption from liability includes loss, damage, or injury through no fault of SkyOps’s or any other causes.

3. INDEMNITY AGREEMENT

The participant agrees, for him/her self and his/her heirs, executors, administrators or assigns to indemnify SkyOps, its owners, employees, instructors, successors, equipment manufacturers, or assigns, 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 organization. This includes reimbursement of all legal costs and reasonable council fees incurred by the participant or SkyOps, and indemnified parties, or any of them, for the defense of an incident where SkyOps has not acted negligently which may hereafter arise directly or indirectly from the activities of the participant while engaged on a SkyWeek or Course.

4. CONTINUATION OF OBLIGATION

The participant agrees and acknowledges that the terms and conditions of the above provisions, including ASSUMPTION OF RISK, EXEMPTION FROM LIABILITY and INDEMNITY AGREEMENT shall continue in full force and effect at all times, and shall be binding upon heirs, executors, administrators or assigns of the participant or his/her estate.

5. DISCLAIMER

Any and all Paragliding and Paramotoring equipment is specifically not warranted as being merchantable. Paragliding and Paramotoring training programs are not licensed by any governmental agency. SkyOps is a member of several international formal and informal groups and associations who have various training procedures to which we the participant or SkyOps may or may not adhere. SkyOps is the sole proponent for our program.

6. HEALTH AND FITNESS FOR TRAINING, PARAGLIDING AND PARAMOTORING

Paragliding and Paramotoring are strenuous physical and mental activities. We recommend a complete physical examination prior to Paragliding and Paramotoring. All participants agree to make SkyOps aware, before starting a SkyWeek or Course, of any personal Medical or Physical conditions that may put them at an increased risk of injury or death whilst participating in a SkyWeek or Course. All participants agree to refrain from taking any illegal or performance inhibiting drug for the duration of a SkyWeek or Course and also from drinking alcohol for 10 hours prior to engaging in Paragliding or Paramotoring activities.


TERMS AND CONDITIONS

1. CANCELLATIONS

SkyOps reserves the right to cancel a SkyWeek or a Course at any time. If a SkyWeek or Course is cancelled participants are eligible to participate in another SkyWeek or Course at a later date at no extra charge. SkyOps will not be held responsible for transport, accommodation, insurance or any other costs that participants incur in the event of a SkyWeek or Course being cancelled before it is due to start. There is a 50% charge for cancellations made up to two weeks before arrival on accommodation booked through SkyOps.

2. PARTICIPANT INSURANCE COVER

All participants must have their own comprehensive Accident Insurance cover for the duration of a SkyWeek or Course. All participants must have their own Repatriation Insurance cover for the duration of a SkyWeek or Course.

3. PARTICIPANT EQUIPMENT LIABILITY

All participants of a Paramotoring or Paragliding SkyWeek or Course are liable for any damage to SkyOps’s equipment that he/she may cause whilst on a SkyWeek or Course. Please note that the average cost of a propeller is £250. IF A PARTICIPANT BRAKES A PROPELLER, RIPS A WING OR CAUSES ANY OTHER DAMAGE TO SKYOPS’S EQUIPMENT THEN THEY WILL BE CHARGED THE FULL RETAIL AMOUNT.

4. REFUNDS AND COURSE VALIDITY

SkyWeek and Course deposits are non refundable. Equipment deposits are also non refundable unless SkyOps is responsible for canceling the order. Refunds will not be given to participants who cancel their SkyWeek or Course within 2 weeks of the start date. Participants who request a refund more than 2 weeks before the start of a SkyWeek or Course will only be refunded fifty per cent of the fee. Having started the SkyWeek or Course participants will only be refunded if SkyOps is responsible for canceling the SkyWeek or Course. The amount refunded depends upon the number of days that have been completed. Participants will be refunded through monthly repayments until the debt has been repaid. SkyOps will not refund participants who decide to no longer attend the SkyWeek or Course having already started the SkyWeek or Course nor will refunds be given in the event of bad weather. SkyOps reserves the right to refuse participation to participants acting in a dangerous or negligent manner and to not refund their remaining SkyWeek or Course fee. SkyOps is also not responsible for refunding customers who book a SkyWeek or Course run by a 3rd party. Having completed the payment of the SkyWeek or Course fee the customer has a total of 2 years to complete a SkyWeek or Course, after this time the SkyWeek or Course is no longer valid.

5. TERMS OF FLYING WITH SKYOPS

SkyOps reserves the right to refuse participation to those acting in a dangerous or negligent manner. In the interests of safety participants must accept that SkyOps’s word is final and obey all rules and regulations of the Flying Areas they enter into. All equipment must be treated with respect and looked after as instructed. Drinking alcohol during the day is strictly prohibited whilst participating in these sports and participants must stop drinking at least 10 hours before the start of the day’s flying. All participants must refrain from taking any illegal or performance inhibiting drug for the duration of the SkyWeek or Course. Participants must not smoke when in the immediate vicinity of Paragliding and Paramotoring equipment. Paragliding and Paramotoring are strenuous physical and mental activities. All participants must agree to make SkyOps aware, before starting a SkyWeek or Course, of any personal medical or physical conditions that may put them at an increased risk of injury or death whilst on a SkyWeek or Course. All participants thus declare that they are medically and physically capable of participating in a SkyWeek or Course with SkyOps.


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