Vx Pilot Academy, LLC, together with its members, managers, officers, affiliates, employees, owners, independent contractors, lessors, lessees, guests, and invitees (collectively referred to herein as “Vx Pilot Academy”) conducts aviation training, aviation instruction, aviation transportation services, and other aviation activities and services (collectively, the “Services”) which may include the usage or operation of any aircraft or other property owned by, leased by (as lessee), leased out by (as lessor), or borrowed by Vx Pilot Academy in connection with the Services (collectively, the “Aviation Property”). The undersigned customer, customer’s invitees, customer’s guests, customer’s family members, and all of customer’s minor children for which customer is responsible for the care of (collectively referred to herein as “Customer”), individually and on behalf of any minor(s), agree and consent to the following terms and conditions. 1. Customer, individually and on behalf of any minor(s), acknowledges, understands, and agrees to the following: (i) On Customer’s own free will, Customer is choosing to participate in the Services and to engage with the Aviation Property, and it is the Customer’s choice to enter, with or without any minor(s), into or onto any Aviation Property, and that such Services and Aviation Property are subject to mishap, mechanical failure, operator or pilot error, changing weather conditions and weather events, and all other possible dangers resulting in injury to person including, but not limited to, broken bones, internal injuries, paralysis, catastrophic injury, or fatal injury, as well as the loss of or damage to personal property. (ii) Customer acknowledges there are certain inherent risks associated with the Services and the Aviation Property including, but not limited to, physical injury or death, and that Customer and/or minor(s) may be injured, damaged or die as a result of the acts or omissions of themselves or of other persons, including Vx Pilot Academy, in the participation in any Services or Aviation Property. (iii) Customer acknowledges that Vx Pilot Academy has not made any representation or warranty as to the condition of any aircraft, any equipment, any Aviation Property, or the safety of engaging in the Services. It is Customer’s sole responsibility to keep himself/herself and the minor(s) away from all unsafe or dangerous conditions and to use due care engaging in the Services, and Customer will remain solely responsible for himself/herself and the minor(s) regarding any incident related to the Services and Aviation Property. (iv) Customer VOLUNTARILY ASSUMES THE FULL RISK of any injuries, illnesses, damages or loss, regardless of the severity thereof, that Customer and any minor(s) may sustain as the result of engaging in any Services and Aviation Property in association with Vx Pilot Academy. (v) Customer, and Customer’s heirs, assigns, estate, and representatives, waives any and all claims, and agrees to release and agrees not to sue Vx Pilot Academy and any of its members, officers, affiliates, employees, owners, independent contractors, lessors, lessees, guests, invitees, and participants and for each of their respective owners, officers, managers, members, employees, representatives, agents, affiliates, subsidiaries, successors, and assigns (the “Released Parties”) with respect to any and all claims, liabilities, penalties, suits, expenses (including attorneys’ fees and costs), medical expenses, emergency response expenses, or any losses of any kind, sickness, illness, death or impact including but not limited to damage, death, or other loss in any way connected with Customer’s participation in any Services or Aviation Property. (vi) Customer, and Customer’s heirs, assigns, estate, and representatives, further AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties from, against, and with respect to any and all claims, causes of action, damages, injuries, expenses (including court costs and attorneys’ fees), medical expenses, emergency response expenses and losses of any kind sought or brought by or on behalf of Customer, the minor(s), their dependents, their spouses, any of their other family members, any of their estates, any heirs, and by any other person for, relating to, or arising from any injury, sickness, illness, death, or impact due to the participation of any Services or the engagement of any Aviation Property or otherwise caused, in whole or in part, by any of the Released Parties or any property of the Released Parties. (vii) Customer, and Customer’s heirs, assigns, estate, and representatives, further AGREES TO WAIVE, RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the Released Parties from, against, and with respect to any and all claims, all causes of action, all liabilities, strict liability, punitive damages, damages, property damages, injuries, expenses (including court costs and attorneys’ fees), medical expenses, emergency response expenses and losses of any kind sought or brought by or on behalf of Customer, the minor(s), their dependents, their spouses, any of their other family members, any of their estates, any heirs, and by any other person for, relating to, or arising from any injury, sickness, illness, death, damage, or impact due to the participation of any Services, the engagement of any Aviation Property, or otherwise caused, in whole or in part, by any of the Released Parties, any property of the Released Parties, any known, unknown, hidden, latent, or obvious defects in any of the Aviation Property, any changing weather conditions and weather events, and any action, inaction, omission, or negligence caused, in whole or in part, by any Released Parties. (viii) Customer, with the full knowledge of the potential risks for injury, illness, damage, or death, the Customer hereby GIVES CONSENT TO PARTICIPATE IN SUCH SERVICES AND TO ENGAGE SUCH AVIATION PROPERTY for himself/herself and any minor(s) and represents that Customer has full legal authority to provide such consent. (ix) Customer certifies, covenants and warrants: (i) that Customer and any minor(s) have the skills and ability needed to carefully and competently participate in the Services and that the Customer has no health conditions that would render him or her unable to engage in the Services or that would otherwise put others at risk, (ii) that Customer and any minor(s) will properly utilize all recommended protective equipment and will do so in the manner prescribed by the manufacturer of said protective equipment, (iii) that Customer and any minor(s) will not operate any Aviation Property outside of the scope and recommendations of the manufacturer, dealer, or distributor of said Aviation Property and will only operate said Aviation Property according to the specifications, limitations, and recommendations of the manufacturer, dealer, or distributor of said Aviation Property, (iv) and that Customer and any minor(s) agree and recognize that there could be changing weather events, changing weather conditions, and the occurrence of natural events. (x) Customer certifies that Customer and any minor(s) have sufficient health, accident, and liability insurance to cover bodily injury or property damage to Customer or any other party that may incur while engaging in the Services or engaging in the Aviation Property and to cover bodily injury or property damage caused to a third party as a result of their participation in the Services described above. (xi) Customer agrees that Vx Pilot Academy may take and use photographs, video, film, and other images of Customer participating in or observing the Services or engaging in the Aviation Property. Customer, individually and on behalf of the minor(s) as legal guardian, waives the right of privacy, publicity, compensation, copyright or other rights to those images and consents to Vx Pilot Academy using those images for any purpose. 2. The laws of the State of Arkansas shall govern this Agreement. Any provision, clause or term of this Agreement that is invalid, illegal or unenforceable in any respect shall be severed and be made ineffective to the extent of such invalidity, illegality or unenforceability without in any way affecting the validity, legality or enforceability of the remaining provisions and terms of the Agreement. I have read and fully understand this Assumption of Risk, Release of Liability and Indemnity Agreement and agree personally and on behalf of the minor(s) to be bound by its terms. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM WAIVING SIGNIFICANT LEGAL RIGHTS, INCLUDING THE RIGHT TO ASSERT CLAIMS AGAINST, SUE OR RECOVER FROM VX PILOT ACADEMY AND THE RELEASED PARTIES BOTH PERSONALLY AND ON BEHALF OF THE MINOR(S). I sign this Agreement freely and willingly. Date: April 4, 2025
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