Airplane Ride Waiver

FLIGHTFEST, INC. AIRCRAFT FLIGHT AGREEMENT

Assumption of Risk, Waiver of Liability, and Indemnification Agreement

FlightFest, Inc. (hereinafter “Company”)

Please read the following carefully.  Flying in an aircraft is a dangerous activity.  This agreement includes important information and releases.  Please ask us if you have any questions about this Agreement.

I understand that the aircraft flight activities offered by Company are dangerous, and involve the risk of injury or death to myself, and damage to my property.  I understand that such risks include, but are not limited to: (a) loss of or damage to personal property; (b) bodily injury or fatality; (c) accident or illness in remote places without medical facilities; and (d) all risks explained to me in the pre-flight meeting.  I understand that the pilot is not a medical professional and cannot assess my physical or emotional condition.  I have consulted my personal physician or taken whatever steps I deem necessary to determine that I am in good health with no conditions that might limit my participation in aircraft flight activities.  I understand that no medical benefits will be provided to me during these aircraft flight activities, and that I and/or my insurance shall be solely liable to pay for any medical expenses incurred on my behalf.

I certify that I am 18 years of age or older, or that I am the legal guardian and/or parent of the minor passenger using the services of Company with authority to sign this document on said minor’s behalf.  If I am signing for a minor passenger, all waivers, releases, assumptions of risk, terms of agreement, representations, acknowledgments, and certifications apply equally to such minor.

I certify that I have no physical or mental defect or medical defect or medical condition that prevents me from participating in any aircraft flight activities, including but not limited to pregnancy or heart, back, or altitude problems. 

I certify that I am not under the influence of alcohol or recreational drugs at the time of participating in any aircraft flight activities.

I certify that I have accurately stated my current weight to the pilot for flight planning purposes.

I agree to follow all instructions of the pilot in connection with this aircraft flight activity.  I understand that my failure to do so may jeopardize my safety and the safety of the pilot, other passengers, and other persons.

Being aware of the risks involved, I am voluntarily applying to participate in aircraft flights and associated activities operated by Company.  I understand that the waivers, indemnifications, releases, and assumptions of risk herein contained are consideration and part payment for the right to participate.

I expressly, willingly, and voluntarily assume full responsibility for all risks of any and every kind involved with or arising from my participation in aircraft flight activities with Company whether during flight preparation, take-off, flight, landing, loading or unloading from the aircraft, traveling on the ramp while outside of the aircraft, or otherwise.

Without limiting the generality of the foregoing, I hereby irrevocably release Company, all event sponsors, its employees, agents, representatives, contractors, subcontractors, successors, heirs, assigns, affiliates, and legal representatives (the “Released Parties”) from, and hold them harmless for, all claims, rights, demands or causes of action whether known or unknown, suspected or unsuspected, arising out of the aircraft flight activities, which I or my successors, heirs, or assigns may have against the Released Parties in connection with aircraft flight activities with Company, and I agree to make no claims against or sue the Released Parties for injuries, death, or property damage that is caused due to the ordinary negligence of the Released Parties or any dangerous conditions of any property upon which the aircraft flight activities may take place. 

I agree to hold harmless, defend, and indemnify Company (that is, defend and pay any judgment and costs, including investigation costs and attorneys’ fees) from any and all claims rights, demands or causes of action whether known or unknown, suspected or unsuspected, arising out of the aircraft flight activities, which I or my successors, heirs, or assigns may have against the Released Parties in connection with aircraft flight activities with Company, including those arising from the inherent risks of aircraft flight activities or the ordinary negligence of the Released Parties or any dangerous conditions of any property upon which the aircraft flight activities may take place.

I also agree to hold harmless, defend, and indemnify Company (that is, defend and pay any judgment and costs, including investigation costs and attorneys’ fees) from any and all claims rights, demands or causes of action whether known or unknown, suspected or unsuspected, arising out of the aircraft flight activities, which any co-participants, rescuers, or others may have against the Released Parties in connection with aircraft flight activities with Company, including those arising from the inherent risks of aircraft flight activities or the ordinary negligence of the Released Parties or any dangerous conditions of any property upon which the aircraft flight activities may take place.

This Assumption of Risk, Waiver of Liability, and Indemnification Agreement is the full, final, and entire agreement between the undersigned and the Released Parties regarding the matters herein addressed.

I agree to engage in good faith efforts to mediate any dispute that might arise.  Any agreement reached will be formalized by a written contractual agreement at that time.  Should the issue not be resolved by mediation, I agree that the issue will be submitted to binding arbitration. Such arbitration shall be conducted in accordance with the Arbitration Rules of the American Arbitration Association currently in effect.

I further agree that if any portion of this Aircraft flight Agreement (including Assumption of Risk, Waiver of Liability, Covenant not to Sue, and Indemnification Agreement) is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.