RELEASE OF LIABILITY, ASSUMPTION OF RISK,
AND INDEMNIFICATION AGREEMENT
By signing below, you hereby agree to the following conditions to participate in an inherently dangerous activity offered by BAREFOOT FLYERS PPG LLC, a Florida limited liability company (the “Company”) at Fernandina Beach Municipal Airport, Paramotor Training and/or Discovery Tandem Flights(the “Activity”):
1. Activity and Associated Risks. I understand that the Activity is inherently dangerous. Because of this risk:
• I may be seriously hurt or disabled; I may die from the resulting injuries, and/or my property may also be damaged;
• Hospital facilities, qualified medical care and/or emergency medical evacuation may be limited or unavailable during portions of the Activity; and
• The Company assumes no responsibility for providing medical care during the Activity, and I will have to pay for any medical care and/or evacuation that I incur.
In consideration of the permission to participate in the Activity, I agree to the terms contained in this document.
2. Assumption of Risks. I understand that I am not insured by BAREFOOT FLYERS PPG LLC and am knowingly and voluntarily participating at my own risk. I hereby freely assume the above-mentioned risks as well as other risks not listed that are part of this Activity, and any harm, injury or loss that may occur to me or my property as a result of my participation in the Activity or during any transportation to or from the Activity—including any injury or loss caused by BAREFOOT FLYERS PPG LLC, it's employees, agents and officers, its contractors, and other Activity participants.
3. Indemnification to Hold Harmless and Defense. I hereby release BAREFOOT FLYERS PPG LLC, its owners, employees, contractors, agents, officers, successors, and affiliates (the “Released Parties”) from all liabilities, causes of action, claims and demands that arise in any way from any injury, death, loss, or harm that occurs to me or to any other person or to any property during the Activity or in any way related to the Activity, including during transportation to or from the Activity. This includes claims for the actions or inactions of the Released Parties and claims for strict liability for abnormally dangerous activities. This does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that Florida Law does not permit to be excluded by agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during the Activity or are related in any way to the Activity.
4. Indemnification Hold Harmless and Defense. I promise to indemnify, hold harmless and defend the Released Parties against any and all claims to which Section 3 of this agreement applies, including claims for their own negligence. I also promise to indemnify, hold harmless and defend the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Activity. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
5. Severability. I agree that the purpose of this agreement is that it shall be an enforceable Release of Liability, Assumption of Risk, and Indemnification Agreement as broad and inclusive as is permitted by Florida Law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
6. Applicable Law. This agreement is governed by and shall be construed in accordance with the laws of the State of Florida, without any reference to its choice of law rules.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.