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Release of Liability and Assumption
of Risk Agreement
Notice: By signing this agreement you are
forever releasing and waiving your right to make
a claim for injuries and/or damages against [Texas
Air Adventures, LLC and it’s officers, employees,
and crew and any subcontract pilots or crew]
)hereafter referred to as "Pilot") associated with this
hot air ballooning ride recreational sporting
activity.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING:
I, ___________________________, acknowledge that
I have voluntarily applied and asked to participate
in the hot air balloon flight and flight related activities
(a recreational/sporting activity),
to be conducted by Pilot.
I am aware that a hot air balloon flight is a potentially
hazardous activity and I acknowledge and
understand that participation in a hot air
balloon flight involves certain risks and thus
dangers which could lead to arrest for
trespassing, moving violations of the law,
and/or serious personal and bodily injury, to
include the possibility of death.
I am voluntarily
participating in these activities with knowledge
of the danger and risks involved, and I hereby agree
to accept and assume any and all such risk or injury
or death due to ordinary negligence and I verify this statement by placing
my initials here: ____________(passenger)
As a passenger,
I agree to follow the pilot’s instructions
throughout any and all ground activities related
to the preparation for flight, the duration of the
flight, and any and all ground activities post flight.
By signing this
agreement, I certify that I have NO PHYSICAL
OR MENTAL CONDITIONS
(INCLUDING, BUT NOT LIMITED TO PREGNANCY OR
OTHER PSYCHOLOGICAL CONDITIONS) that
prevent me from participating in any balloon activities
and that I am not carrying on my person or
onboard any objects which could hurt others
during flight or on impact of landing.
In consideration
for being permitted by Pilot
to participate in these activities and use of their
facilities, I hereby agree that I, my assignees,
heirs, distributes, guardian, and legal representatives
will not make any claim against, such as attach
to the property of Pilot as a result of my
participation in my hot air balloon flight and associated activities.
I hereby release Pilot from any and ordinary
negligence actions,
claims, and demands that I, my assignees, heirs,
distributes, guardian, and legal representatives
now have or may hereafter have for injury or damage
resulting from my participation in this hot air balloon
flight and associated activities and furthermore
agree to pay Pilot's reasonable attorney fees
and costs to defend their prevailing position. Further,
I agree to indemnify and hold harmless Pilot against any claim for injury or damages
that I may sustain as a result of my participation
in any of the activities associated with this
Pilot's hot air balloon flight and associated
activities.
I have carefully
read this agreement and fully understood its contents.
I am aware that this is a release of liability and
contract between myself and Pilot and I sign it of my own free will.
I was supplied
with sufficient light and time to read and understand
this document. _____(initials)
Signature:
_______________________Print Name: _____________________________________
Date:
_______________________________________________________________________
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