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Barnstormer Aero

 

Assumption of Risk Agreement, Release, Waiver, & Contract Agreement

 

I understand that aviation and flight, in all its various stages and aspects is inherently dangerous and a potentially hazardous activity that subjects the participants (including ground crew and spectators) to risks of property damage or loss, physical injury, and death. I recognize the danger and accept the aforementioned risks from any and all causes, including, but not limited to: other aircraft, latent defects in the aircraft or its equipment, hard or rough landings, contact or collision with obstructions and obstacles such as trees, fences, buildings, towers, poles, and wires, the conditions of weather to include, but not limited to: winds, temperature extremes, inclement weather, immersion in water and hypothermia, slips and falls while boarding, aboard the aircraft or on the ground, fire and flame, accident, injury, illness, errors or omissions by the pilot or crew, and any other foreseen and unforeseen, known and unknown risks, and or events. I further assume the risk of any illness, malady or other medical condition resulting from air travel and flight and represent that I am in good general health and have no current medical condition, pre-existing injury or condition, or other physical or mental condition that may or might be exacerbated by flight.

 

I understand and I agree that the pilot’s commands will be obeyed and carried out to the fullest of my ability; especially boarding instructions, of which I have been informed and which are reiterated here, wherein I must stow all loose personal belongings from my person, approach the aircraft from the rear only – never going forward of the rear of the lower wing, when stepping onto the wing I must step on the black wing walk area only and not onto the yellow fabric which will damage the aircraft. I will fasten both lap and shoulder harnesses and keep them fastened until directed by the Pilot to exit the aircraft. I will not change film during the flight nor carry a camera without a strap nor allow any personal belongings to fall into the belly of the aircraft as these items could lodge in the controls. I will deplane by walking to the rear of the aircraft, step off the wing, and move immediately away from the aircraft to the rear – never going forward of the rear of the lower wing. I assume all financial responsibility for any and all damage to the aircraft caused by my actions or the actions of those who accompany me and shall pay on demand the full amount specified. If the issue must be referred to an attorney for collection, I agree to pay all court costs and expenses of collection including actual attorney’s fees and interest in the amount of eighteen percent per annum, whether or not any lawsuit is filed. I waive the issuance and service of process and confess a judgment in favor to Light Flight Balloons, Inc., dba Barnstormer Aero, for the amount of the bill, plus, expenses, interest, together with the cost of the aforesaid attorney’s fees.

 

In return for my participation and with the intent to bind myself, my spouse, parents, children, legal representatives, heirs, executors, administrators, lien holders, successors, and assigns, I hereby irrevocably and unconditionally, agree to release, indemnify, acquit, hold harmless, and forever discharge Light Flight Balloons, Inc., and Barnstormer Aero, their agents, employees, associates, volunteers, sub-contractors, Michael Gerred, the pilots, crew, and its/their/his heirs, executors, administrators, successors, and assigns, of and from all debts, demands, claims, actions, rights, costs, loss of service, expenses and compensation whatsoever, liabilities, losses, damages, actions, or cause of action of every kind and nature whatsoever including, but not limited to, claims arising from the negligence of Light Flight Balloons, Inc., and Barnstormer Aero, their agents, employees, associates, volunteers, and sub-contractors which in any manner may arise out of or in connection with my flight. I understand that this Assumption of Risk/Release Agreement, Release, Waiver, and Shared Expense Agreement is intended to be as broad and as inclusive as permitted by the laws of the State of Maryland. I agree that if any portion of this document is held to be invalid, the remainder will continue to be in full force and effect, and that it contains the entire agreement between the parties hereto, and that its terms are contractual and not a mere recital. I have read the foregoing and fully understand its meaning and significance, having been given the opportunity to discuss it with anyone of my choosing prior to its execution.

 

“IN WITNESS WHEREOF, and intending to be legally bound hereby, I set my hand and seal on the date stated and hereby acknowledge, understand, and agree to the above.

 

1. _________________________________      __________________________________ / _____________

                        Printed Name                                                                                              Signature                                                                  Date

 

2. _________________________________      __________________________________ / _____________

 

3. _________________________________      __________________________________ / _____________

 

4. _________________________________      __________________________________ / _____________

 

5. _________________________________      __________________________________ / _____________

 

6. _________________________________      __________________________________ / _____________

 

7. _________________________________      __________________________________ / _____________

 

8. _________________________________      __________________________________ / _____________

 

9. _________________________________      __________________________________ / _____________

 

10. ________________________________      __________________________________ / _____________

                     Hold Harmless.1 Rev. 6/09

 

Note: The signing of this form is required of all passengers and will be presented for your signature at the time of flight. If passengers are under the age of 18, the form must be signed by a parent or legal guardian present at the time of flight. Please read the form prior to your flight.


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