Waiver

Sign your waivers.

Three releases, each signed and dated independently. One submission at the end sends you signed PDF copies of all three.

Before you start: please read each waiver carefully. If anything is unclear, don't sign — reach out via WhatsApp at +1 (604) 793-5933 or fly@toppingoutpg.ca, and we'll walk through anything together.
i Participant

Your information

Under 18? A parent or legal guardian must sign — please contact Leonard before your flight.

Signed PDFs will be emailed here.

Emergency contact

1 Pilot Release

Release of Leonard Kerkhoff, Pilot of Record

This release names Leonard Kerkhoff personally as the pilot in command of your tandem flight, operating under the Topping Out Paragliding business name. It covers details specific to this operation — ground transport, declaration of fitness, and a no-sue + legal-costs provision — that the national HPAC release that follows does not spell out at the same level.

Definitions

"Paragliding" means the complete tandem paragliding experience, including all activities related to preparing for or participating in the flight — ground handling, equipment setup, launch and landing, and the flight itself. It also expressly includes all ground-based activities that form part of the experience: transport to and from launch and landing sites by any vehicle (whether driven by a Releasee, by other participants, or by a third party arranged on your behalf); hiking or walking to and from launch, landing, or retrieval points; waiting, assembling, dis-assembling and handling of equipment on the ground; loading and unloading of persons and equipment into or out of vehicles; and any staging, shuttle, or retrieval logistics associated with the flight.

"Releasee" means Leonard Kerkhoff, Topping Out Paragliding, and all officers, employees, volunteers, and representatives of the operation.

I know and I admit as incontestable fact(s) that:

Paragliding — including tandem flight with a certified pilot — is very dangerous, exposing participants to many risks and hazards, some of which are inherent in the very nature of the sport itself, others which result from human error on the part of persons involved in preparing, organizing and staging of paragliding activities.

As a result of those risks and hazards, I as a participant may suffer serious personal injury, disability, and even death, as well as property damage or loss.

Some of the risks and hazards of paragliding are foreseeable, others are not.

I freely and voluntarily assume all risks and hazards of my participation in paragliding. My preparation for, and my participation in, paragliding is entirely at my own risk. I am solely responsible for my own safety.

Ground transport, hiking, and retrieval are part of the experience — and carry their own risks. The paragliding experience necessarily includes travel to and from launch and landing sites. This may involve driving on rough gravel, forestry, or back-country roads; riding in 4×4 shuttles or other vehicles arranged by or for the Releasees; loading and unloading from vehicles or other equipment; hiking or walking across uneven, steep, or exposed terrain; waiting at exposed launch sites; and retrieval from unplanned, remote, or difficult-to-access landing locations. I acknowledge that these ground-based activities form part of "paragliding" as defined above, and I accept the risks they carry — including vehicle accidents, falls, strains, exposure, and injury during loading, unloading, or handling of equipment — on the same terms as the risks of flight itself.

Declaration of Fitness

I hereby declare that I am physically fit. I do not, and have not, suffered from any of the following conditions, which I understand may lead to a dangerous situation for other persons or myself during paragliding activities: epilepsy, fits, severe head injury, recurrent blackouts or giddiness, disease of the brain or nervous system, high blood pressure, lung or heart disease, recurrent weakness or dislocation of any limb, inadequate mobility, diabetes, mental illness, drug or alcohol addiction, back injury, arthritis and severe joint sprains, chronic bronchitis, asthma, rheumatic fever, thyroid adrenal or other glandular disorder, recent blood donation, or any condition that requires the regular use of drugs — except as disclosed in the medical notes above or directly to the pilot before launch.

I further declare that in the event that I feel ill or unwell, have any physical complaints whatsoever, or if an injury is sustained of any kind during the course of paragliding activities, I will notify the pilot immediately.

I have read the above Declaration, understand it, and I agree to be bound by it.

Release and no-sue

I release and discharge Leonard Kerkhoff and Topping Out Paragliding from all liability. I waive against the Releasee all recourses, claims, and causes of action of any kind whatsoever, in respect of all personal injuries or property losses — specifically including, but not limited to, any claims for loss of income — which I may suffer arising out of or connected with my preparation for, or participation in, paragliding, notwithstanding that such injuries or losses may have been caused solely or partly by the negligence of the Releasee.

I will not sue, make a claim, or make a demand against Leonard Kerkhoff or Topping Out Paragliding for injury, loss, death, or damage in connection with my participation in paragliding. If I violate this agreement by filing such a suit, making such a claim, or making such a demand, I agree to pay all of the Releasee's legal fees, costs, and expenses in connection with my violation of this agreement.

By signing this document I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Leonard Kerkhoff and Topping Out Paragliding from any loss or damage to any property or for personal injury that I may sustain while participating in, or preparing for, paragliding programs or activities — whether or not such loss or injury is caused solely or partly by the negligence of the Releasee — and from any claim brought by any third party arising from my participation.

Binding and signed freely

This release is binding on me, my heirs, executors, administrators, personal representatives, and assigns. It is governed by the laws of the Province of British Columbia; any dispute will be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.

I have had sufficient opportunity to carefully read this entire document. I have read and understood it. I have not signed this document under any duress or coercion by any other person or persons. I have chosen to sign it of my own free will and choice. I have obtained independent legal advice before signing or have chosen to waive obtaining such advice. I agree to be bound by its terms.

Sign and date — Pilot Release

2 HPAC Standard Release

Hang Gliding and Paragliding Association of Canada

Release, Waiver, Indemnity, and Assumption of Risk

DEFINITION of "Hang Gliding":

All activities or programs associated with the preparation for and participation in unpowered flight of a hang glider or paraglider, including training, instruction, tandem flights, recreational flying, competitions, fly-ins, clinics, towing programs, advice or representations by certified HPAC/ACVL instructors in good standing pertaining to, and/or the provision of, and/or sale of, hang gliding and/or paragliding equipment, or other events.

DEFINITION of "Releasee":

The Hang Gliding and Paragliding Association of Canada also known as Association Canadienne De Vol Libre ("HPAC" or "ACVL"), all clubs comprised primarily of HPAC members or Hang Gliding schools in which all instructors are certified by HPAC, The Aeroclub of Canada, The Federation Aeronautique Internationale and its Commission Internationale de Vol Libre, and their respective officers, directors, representatives, employees, volunteers and members, all HPAC/ACVL certified instructors in good standing, the owners, lessors, and occupiers of land upon which Hang Gliding occurs, whether or not they have granted permission for the use of their property for Hang Gliding, and any and all other persons, corporations, partnerships, societies, clubs or other forms of business organizations or entities, acting in any capacity whatsoever, in the provision, promotion, organization, production, facilitation, and operation of Hang Gliding, and Meet Directors of HPAC/ACVL sanctioned competitions and their designated volunteers, and Leonard Kerkhoff and Topping Out Paragliding, and their respective officers, directors, representatives, employees, and volunteers.

IN CONSIDERATION FOR being permitted to participate in Hang Gliding I, release and discharge Releasee from all liability. I waive as against Releasee all recourses, claims, causes of action of any kind whatsoever, in respect of all personal injuries or property losses, specifically including, but not limited to, any claims for loss of income, which I may suffer arising out of or connected with, my preparation for, or participation in Hang Gliding, notwithstanding that such injuries or losses may have been caused solely or partly by the negligence of the Releasee.

I KNOW and I ADMIT as incontestable fact(s) that:

Hang Gliding is very dangerous, exposing participants to many risks and hazards, some of which are inherent in the very nature of the sport itself, others which result from human error and negligence on the part of persons involved in preparing, organizing and staging of Hang Gliding activities;

As a result of those risks and hazards, I as a participant may suffer serious personal injury, disability, and even death, as well as property damage or loss;

Some of the risks and hazards are foreseeable, others are not;

I freely and voluntarily assume all risks and hazards of my participation in Hang Gliding. My preparation for, and participation in Hang Gliding is entirely at my own risk. I am solely responsible for my own safety;

I do NOT have any pre-existing medical conditions which may impair my ability, or that of my fellow participants, to participate safely in Hang Gliding, including but not limited to, any previous heart conditions, asthma, panic disorders, previously separated shoulders, joint issues and/or torn ligaments, and/or severe allergies. IF I am under the care of a Doctor, utilize an epi-pen, inhaler, and/or any medications in relation to the foregoing or any other condition, I have disclosed the same to my course instructor.

I understand and agree that Releasee is in no way responsible whatsoever for my safety during the course of my preparation for, or participation in any Hang Gliding;

I have carefully read this RELEASE, WAIVER, INDEMNITY, AND ASSUMPTION OF RISK agreement. I fully understand it, and I am freely and voluntarily signing my name in full agreement;

By signing this document I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless Releasee for any loss or damage to any property or for personal injury that I may sustain while participating in or preparing for Hang Gliding programs or activities, whether or not such loss or injury is caused solely or partly by the negligence of Releasee;

I have been provided with a reasonable opportunity and have been encouraged to seek independent legal advice prior to signing this agreement;

This RELEASE, WAIVER, INDEMNITY, AND ASSUMPTION OF RISK is binding on me, my heirs, my executors, administrators, personal representatives and assigns;

and

I have had sufficient opportunity to carefully read this entire document. I have read and understood it. I have not signed this document under any duress or coercion by any other person or persons. I have chosen to sign it of my own free will and choice. I have obtained independent legal advice before signing or have chosen to waive obtaining such advice. I agree to be bound by its terms.

Sign and date — HPAC Standard Release

3 WCSC Site Waiver

West Coast Soaring Club — Release of Liability

The West Coast Soaring Club holds tenures on both Woodside and Bridal Falls, and every pilot or participant on their sites must sign the club's release. The complete text of the WCSC Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement follows.

Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement

PLEASE READ CAREFULLY. By signing this agreement you waive certain legal rights, including the right to sue.

To: WEST COAST SOARING CLUB, the Squamish Lillooet Regional District, and their respective directors, officers, employees, agents, representatives, contractors, subcontractors, volunteers, successors, and assigns (collectively "THE RELEASEES").

Definitions

In this agreement, "paragliding" and "hang gliding" shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized at any of the lands for which the Releasees hold a license of occupation or tenure (the "Club Sites"), including, but not limited to: use or operation of all aircraft, hang gliders, paragliders, parachutes, paramotors, winches and other vehicles; single and tandem flights; sightseeing tours; demonstrations and events; travel to and from the launch sites, landing zones, or marshalling areas; back-country travel; travel by motor vehicle, 4×4 vehicle, all-terrain vehicle, snowmobile and helicopter; orientation, instructional and training sessions; guided tours; and other such activities, events and services connected in any way with paragliding or hang gliding at the Club Sites.

Acknowledgment — Safety

I acknowledge that I am required to comply with Transport Canada's CAR part 602.29, to wear an approved helmet, and to fly with airworthy equipment, including an approved reserve parachute, while participating in paragliding or hang gliding. I am aware that instructors are available to answer any questions that I may have.

Assumption of Risks

I am aware that paragliding and hang gliding involve many and varied risks, dangers, and hazards including, but not limited to: variable and extreme weather conditions; changing visibility; high winds; mechanical failure of the equipment; loss of flying control, including collapse, stall, spiral, change in direction or flight path, rapid rate of descent and ascent, pitch, yaw, roll and change in turning radius; variation in the launch and landing surfaces including holes, depressions, loose gravel, exposed rock, earth, water, snow, ice, and other natural objects; collision with exposed rock, water, snow, cables, fences, vehicles, structures or other objects; rockslides; avalanches; high altitude; encounters with wildlife, including birds, bears, and cougars; travel over extreme mountainous or alpine terrain; travel on highways and back-country roads; becoming lost or separated from other pilots, guides, instructors or other participants; failing to act safely or within one's own ability; negligence of other persons and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH PARAGLIDING OR HANG GLIDING. I am aware that communication in the terrain used for paragliding or hang gliding may be difficult and in the event of an accident, rescue and medical assistance may not be immediately available.

I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

Release of Liability, Waiver of Claims and Indemnity Agreement

In consideration of the RELEASEES allowing me to participate in paragliding or hang gliding and permitting my use and occupation of any of the Club Sites and other facilities (the "facilities"), and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in paragliding or hang gliding, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C 1996, c. 337, ON THE PART OF THE RELEASEES AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARAGLIDING OR HANG GLIDING referred to above.

2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage of, or personal injury to any third party resulting from my participation in paragliding or hang gliding, or my presence on any of the Club Sites.

3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives in the event of my death or incapacity.

4. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia.

5. Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.

In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees, other than what is set forth in this Agreement.

I HAVE READ AND UNDERSTAND THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY MY SIGNING THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

WCSC Release of Liability — Rev 11.2, 9 Oct 2014.

I have read, understand, and agree to be bound by the West Coast Soaring Club Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement as reproduced above.

Sign and date — WCSC Site Waiver

✓ Submit

Confirm and submit

Review your signatures above, then confirm and submit. You'll receive signed PDF copies of all three waivers by email, and Topping Out keeps a copy on file.

Electronic Signature Consent. By checking here, I consent to the use of my electronic signature in lieu of an original signature on paper on all three waivers above. I have the right to request paper copies instead — by checking here, I am waiving that right. There is no penalty for withdrawing this consent at a later date.

I confirm the information I've provided is accurate, that I have read all three waivers above, and that I am signing of my own free will.