WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND CONTRACT
LIMITING LIABILITY
NOTE: READ THIS CAREFULLY! THIS
DOCUMENT ELIMINATES YOUR RIGHT TO FILE A SUIT SHOULD YOU BE INJURED WHILE HANG GLIDING.
IT ALSO LIMITS THE RIGHT OF ANY OTHER PERSON TO FILE A SUIT SHOULD YOU BE
KILLED WHILE HANG GLIDING. IT IS EXTREMELY IMPORTANT THAT YOU UNDERSTAND THIS
DOCUMENT FULLY AND RECOGNIZE THAT THIS WILL PREVENT YOU FROM EVER FILING SUIT
OR COLLECTING ANY SUMS OF MONEY SHOULD YOU BE INJURED OR KILLED WHILE HANG
GLIDING.
The undersigned applicant, in
consideration for being granted membership in the Hawaiian Hang Gliding
Association, and the use of all approved flying sites and facilities, and other
advantages of membership in said Hawaiian Hang Gliding Association, hereby
agrees to a waiver of liability, an assumption of risk, and hereby contracts
and agrees on behalf of himself and his heirs, assigns, executors and
administrators, forever, that no liability in any manner and of any nature
shall exist on behalf of the Hawaiian Hang Gliding Association, or the United
States Hang Gliding and Paragliding Association, or any members, officers,
directors, or employees of either of these associations, for any damages or
injuries which the undersigned or his heirs, assigns, executors and
administrators may suffer as a result of applicant’s activities, whether said
activities constitute negligence or not, and further regardless of whether said
activities were in violation of applicable local, state or federal regulations,
or rules and regulations of the Hawaiian Hang Gliding Association or the United
States Hang Gliding and Paragliding Association. Applicant further agrees, on
behalf of himself, and his heirs, assigns, executors and administrators,
forever, to a waiver of liability, assumption of risk, and contract limiting
liability to Kamehameha Schools/Bishop Estate, and
any additional landowner, manager, caretaker, lessee, governmental entity or
government official aiding or providing flying sites or other facilities to the
Hawaiian Hang Gliding Association and its members, and all such persons shall
be held harmless for all injuries which may befall the undersigned engaging in
the sport of hang gliding , and the undersigned further agrees that said waiver
of liability and contract limiting liability is specifically in consideration
and is specifically intended to allow and encourage such landowners, lessees,
managers, caretakers, governmental entities and government officials, or any
and all other persons to provide flying sites or other facilities to the
Hawaiian Hang Gliding Association, and for allowing the use of said flying
sites and facilities. The undersigned recognizes that the sport of hang gliding
is not an exact science, and that but for the waiver of liability, assumption
of risk and contract limiting liability, it would difficult if not impossible
for the Hawaiian Hang Gliding Association, its officers, directors, employees,
or members to obtain flying sites and facilities for the use of persons
desiring to engage in the sport of hang gliding, and this waiver of liability,
assumption of risk, and contract limiting liability is specifically intended to
allow the undersigned to participate in the sport of hang gliding to such an extent and at such locations and
under such conditions as otherwise would be impossible were the existence of
liability a factor. The undersigned specifically agrees that any person
providing a flying site to the Hawaiian Hang Gliding Association is providing
land for recreational use in order to obtain limited liability pursuant to
Chapter 520 of the Hawai‘i Revised Statutes, as amended. Applicant further
agrees to waive any and all claims against the State of
Pilot
Signature_______________________________________________ Date____________________