Site Rating Requirements

This is a Hang 3, Para 3 site. Hang 2 and Para 2 pilots fly only under a special exemption granted on a case-by-case basis by the landowner, and only under the direct supervision of their own instructor for their first ten mountain flights, and thereafter only under direct supervision of a USHPA Observer or instructor until they earn Hang/Para 3 rating. Failure to comply may result in removal of flight privileges and/or revocation of rating, without refund of any and all dues paid. No exceptions. Only the landowner may grant any Paragliding exceptions.

I have read the above rules and understand breaking them may result in loss of membership without refund. This application is valid only together with a signed, RELEASE, WAIVER AND ASSUMPTION OF RISK AGREEMENT, and a signed release has been provided together with this application.

Signature ______________________________________________________ Date _______________

Release, Waiver and Assumption of Risk Agreement

I acknowledge that their are risks and dangers involved in the sports of hang gliding and paragliding as well as in using THE PREMISES, (as defined below), for hang gliding, paragliding or for ANY other purpose including but not limited to activities such as swimming, biking, horseback riding, volleyball, hiking, camping, walking, running, playing, etc.

In consideration of permission to enter and use THE PREMISES, as defined in the following paragraph, which are used by hang glider and paraglider pilots as a launch and landing area, I, ____________________, for myself, my personal representatives, heirs, executors, next of kin, spouse and assigns, do agree as follows:

1. DEFINITIONS
   1. "THE PREMISES" means all the property owned by Antonio (Tony) Covelli and Sunset Mountain Inc., which is used directly or indirectly for the sports of hang gliding and/or paragliding.
   2. "PARTICIPATION IN THE SPORT" means launching (and/or assisting another in launching) flying (whether as a pilot or passenger) and/or landing (including, but not limited to crashing) a hang glider or paraglider.
   3. "MY SPORTS INJURIES" means my personal injury, my bodily injury, my death, my property damage and/or any other personal or financial injury sustained by me as a result of either my PARTICIPATION IN THE SPORT or as a result of any other recreational activities while on the PREMISES.
2. I RELEASE, WAIVE AND DISCHARGE the following persons ("RELEASED PARTIES") from any and all claims and liability for any and all claims and liability for my SPORTS INJURIES, however caused, even if caused by the negligence (whether active or passive) of any of the RELEASED PARTIES, to the full extent allowed by law. The persons I am releasing, including their owners, officers, directors, agents, employees, spouses, officials, (elected or otherwise), members, contractors, subcontractors, lessors or lessees are:
   1. Antonio (Tony) Covelli, and Sunset Mountain Inc.
   2. Southern New York Hang Glider Pilots Association (SNYHGPA), all of its members, officers, agents and appointees
   3. United States Hang Gliding and Paragliding Association, Inc. (USHPA)
   4. All persons involved, in any manner, in the sports of hang gliding and/or paragliding on THE PREMISES. "All persons involved" include but are not limited to ALL USHPA CERTIFIED INSTRUCTORS AND OBSERVERS
   5. Each of the other local property owners on or over who's property I may launch, fly and/or land
3. I WILL NOT SUE OR MAKE CLAIM against any of the RELEASED PARTIES for loss or damage on account of MY SPORTS INJURY. 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. I ACKNOWLEDGE that MY SPORTS INJURIES are not covered by any insurance issued to any of the RELEASED PARTIES.
4. I AGREE this AGREEMENT shall be governed by and constructed in accordance with the laws of the State of California. All disputes and matters whatsoever arising under, in connection with to this agreement shall be litigated, if at all in and before a court located in the State of California, USA to the exclusion of the Courts of any other State or Country.
   
5. SEVERABILITY. 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.
6. CONSTRUCTION. This agreement shall apply to any and all SPORTS INJURIES occurring at any time after the execution of this agreement. This agreement is in addition to and is not intended to replace any other agreements related to liability for SPORTS INJURIES that Pilot may have signed, either in the past, or in the future. To the extent that there is any conflict between such agreements, Pilot intends to be subject to the agreement that provides the most expansive release of claims and assumption of risk allowed by law
7. I REPRESENT THAT Pilot is 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 defense 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 any part by the negligence (whether active or passive) of any of the RELEASED PARTIES.
8. I VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, OF MY SPORTS INJURIES, HOWEVER CAUSED, EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION, INACTION, OR NEGLIGENCE OF THE RELEASED PARTIES, TO THE FULL EXTENT OF THE LAW.