ACKNOWLEDGEMENT OF RISK
PLEASE READ EACH SECTION OF THIS DOCUMENT CAREFULLY AND THOROUGHLY BEFORE SIGNING YOUR NAME. CHOOSING TO SIGN THIS DOCUMENT RESULTS IN YOU ACCEPTING THAT PARAMOTORING, PARATRIKING AND PARAGLIDING ARE POTENTIALLY DANGEROUS SPORTS THAT MAY RESULT IN YOUR DEATH OR SERIOUS INJURY. YOU ALSO AGREE TO NOT HOLD THE APPI POWER ORGANISATION, THE SCHOOL, DIRECTORS, INSTRUCTORS, EMPLOYEES AND LAND OWNERS RESPONSIBLE FOR ANY INCIDENTS WHICH MAY OCCUR DURING TRAINING OR FLYING WHICH ARE NOT A RESULT OF ANY NEGLIGENCE ON THE PART OF THE SCHOOL.
In consideration of SkySchool, hereinafter referred to as “the school”, allowing yourself, hereinafter referred to as “the participant”, to utilize facilities and participate in Paramotoring, ParaTriking or Paragliding and their associated activities, it is agreed that:
1. ASSUMPTION OF RISK
The participant is fully aware that Paramotoring, ParaTriking and Paragliding 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 the school, 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 training, flying or any other vehicle operation, Paramotor, ParaTrike, Paraglider or otherwise, or any other device of the school 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 the school’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 the school, its owner, 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 organisation. This includes reimbursement of all legal costs and reasonable council fees incurred by the participant or the school, and indemnified parties, or any of them, for the defence of an incident where the school has not acted negligently which may hereafter arise directly or indirectly from the activities of the participant while engaged in training.
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.
Any and all Paramotoring, ParaTriking and Paragliding equipment is specifically not warranted as being merchantable. Paramotoring, ParaTriking and Paragliding training programs are not licensed by any governmental agency. The school is a member of several international formal and informal groups and associations who have various training procedures to which the participant and school may or may not adhere. The school is the sole proponent for our program.
6. TERMS OF INSTRUCTION
I understand that I am paying for instruction in the sport of Paramotoring, ParaTriking or Paragliding and that does not guarantee my right to fly. I also understand that in the interests of safety the Instructor’s word is final, that these sports are weather dependent and that the weather is out of the control of the school.
7. HEALTH AND FITNESS FOR TRAINING, PARAGLIDING AND PARAMOTORING
Paramotoring, ParaTriking and Paragliding are strenuous physical and mental activities. We recommend a complete physical examination prior to sitting a course. All participants agree to make the school aware, before starting the course, of any personal Medical or Physical conditions that may put them at an increased risk of injury or death whilst under instruction. All participants agree to refrain from taking any illegal or performance inhibiting drug for the duration of the course and also from drinking alcohol for 10 hours prior to engaging in Paramotoring, ParaTriking or Paragliding activities.
TERMS AND CONDITIONS
The school reserves the right to cancel a course at any time. If a course is cancelled by the school participants are eligible to sit another course at a later date at no extra charge. The school will not be held responsible for transport, accommodation, insurance or any other costs that participants incur in the event of a course being cancelled before it is due to start. Participants who cancel more than 4 weeks in advance of their course and wish to rebook onto another course can do so free of charge. Participants who cancel less than 6 weeks in advance of their course and wish to rebook at a later date will be charged a £120 rebooking fee.
2. PARTICIPANT INSURANCE COVER
Participants are advised to have comprehensive Accident Insurance cover for the duration of their course with the school. All participants must have their own Repatriation Insurance cover for the duration of their course with the school for courses overseas.
3. PARTICIPANT EQUIPMENT LIABILITY
All participants of a Paramotoring, ParaTriking or Paragliding course are liable for a £500 excess per incident on equipment damage that he/she may cause whilst on the course. In effect, the Participant will only be liable for a maximum payment of £500 for all damage that he/she causes per incident to equipment belonging to the school. The cost of a propeller is £300. IF A STUDENT BRAKES A PROPELLER, RIPS A WING OR CAUSES ANY OTHER DAMAGE TO THE SCHOOL'S EQUIPMENT THEN THEY WILL BE CHARGED UP TO £500.
4. REFUNDS AND COURSE VALIDITY
Course deposits and Taster Courses are non refundable once booked. Refunds for the remaining course fee, minus the deposit, will only be given if requested 4 weeks or more in advance of the course. Refunds for the remaining course fee will not be given to those who cancel their course less than 4 weeks in advance of the course. The school will not refund those who decide to no longer sit the course having already started their training nor will refunds be given in the event of bad weather. The school reserves the right to refuse instruction to participants and to not refund their remaining course fee. The school is also not responsible for refunding customers who book a course through the school which is run by a 3rd party. A 6 day course is the equivalent of completing 1 solo flight plus the necessary criteria in the log book. A 12 day course is the equivalent of completing 15 solos flights and the necessary criteria in the log book. Participants have a total of 2 years to complete the course from the date of their first day of training, after this time the course is no longer valid. THESE SPORTS ARE WEATHER DEPENDENT AND IN THE EVENT OF TRAINING DAYS BEING LOST DUE TO BAD WEATHER PARTICIPANTS WILL RECEIVE CREDIT DAYS WHICH CAN BE USED WITHIN THE 2 YEAR TIME PERIOD IN ORDER TO COMPLETE THEIR TRAINING. CREDIT DAYS ARE NON TRANSFERABLE.
5. TERMS OF TRAINING WITH THE SCHOOL
The school reserves the right to refuse instruction. In the interests of safety participants must accept that the instructor’s word is final and obey all rules and regulations as instructed to them throughout the course. 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 training. All participants must refrain from taking any illegal or performance inhibiting drug for the duration of the course. Participants must not smoke when in the immediate vicinity of the equipment. Paramotoring, ParaTriking and Paragliding are strenuous physical and mental activities. All participants must agree to make the school aware, before starting the course, of any personal medical or physical conditions that may put them at an increased risk of injury or death whilst under instruction. All participants thus declare that they are medically and physically capable of sitting a course with the school.
6. GOLDEN RULES
No Student may:
- Knowingly place him/herself or another person in physical danger, conceal a safety hazard or fail to promptly obtain attention for a personal injury.
- Possess or be under the influence of illegal drugs (This does not include legal drugs prescribed by a Physician however please make the SkySchool Team aware if there is a risk they could impair your physical ability).
- Physically or verbally abuse any student/staff member or undermine the instructor in the interests of safety.
- Bypass flying procedures (SOP’s).
- Interfere with any Paragliding, Paramotoring or ParaTriking equipment.
The actions listed above have been found to have such great potential for serious injury and/or damage that any student that engages in such actions will be excluded from the course. All students are expected to understand and adhere to these golden rules and to request assistance in questionable situations. Furthermore, all students are encouraged to question the safety performance of all operations and become involved in improving them.
7. FILMING AND PHOTOGRAPHY
The school reserves the right to capture footage and photos of participants during their training course and use this content for the purpose of training, safety and publicity.
The School uses and sells Equipment from a variety of different manufacturers, all of which have been subjected to thorough safety tests however this does not guarantee your safety. Prior to use Participants are responsible for checking the Equipment as per the APPI PPG & ParaTrike Training Syllabuses. Participants are responsible for using the Equipment in the way they have been instructed. Clients who purchase Equipment through the School are protected by UK Consumer Law. You have the legal right to a refund if you return a faulty product within 30 days of receiving it. After this period a refund will not be issued. Clients are also protected by the manufacturer’s warranty, which range from between 1 and 2 years depending upon the product. However, in the event of improper use these warranties are void and refunds will not be issued by the School or the Manufacturer.
BY BOOKING A COURSE, A TRIP OR PURCHASING EQUIPMENT PARTICIPANTS DECLARE THEY ACCEPT THESE TERMS AND CONDITIONS, ARE COMPLETELY AWARE THAT THE FINAL DECISION RESTS WITH THEM AS THE PILOT AND THAT THEY CONSIDER THEMSELVES PHYSICALLY FIT ENOUGH TO COMPLETE A COURSE WITH THE SCHOOL. PARTICIPANTS ALSO AGREE THAT IF THEY HAVE ANY QUESTIONS, CONCERNS OR ISSUES THAT THEY WILL RAISE THESE IMMEDIATELY WITH THE SCHOOL IN THE INTERESTS OF SAFETY AND COMMUNICATION.