Today's Date: July 7, 2020
1. I acknowledge that I have voluntarily applied to OC Helicopters, LLC. and/or Orange County Helicopters (referred to as "Company") to participate in a Flying Activity. In this agreement, the term "Flying Activity" shall refer to all activities, events or services provided, arranged or organized by Company and its members, subsidiaries, officers, affiliates, directors, promoters, sponsors, employees, and agents including, but not limited to: orientation and instruction sessions; surface or air transportation, including all helicopter travel; loading, unloading and travel in or movement around the helicopter. I understand that by signing this form (the "Release") and [my parent or guardian signing the parental release form attached hereto as "Exhibit A"], I am giving up the right to sue Company in the event I am injured while participating in this Flying Activity.
ASSUMPTION OF RISK
2. I AM AWARE THAT THIS FLYING ACTIVITY MAY BE A HAZARDOUS ACTIVITY. I AM NOT RELYING ON ANY INSPECTIONS, INFORMATION, OR REPRESENTATIONS OF OC HELICOPTERS OR ITS AGENTS OR EMPLOYEES RELEVANT TO THIS FLYING ACTIVITY. I AM VOLUNTARILY PARTICIPATING IN THIS FLYING ACTIVITY WITH FULL KNOWLEDGE OF THE POSSIBLE DANGER INVOLVED IN FLYING, AND HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF INJURY OR DEATH, AND VERIFY THIS STATEMENT BY PUTTING MY INITIALS HERE
3. RELEASE AND COVENANT NOT TO SUE. In consideration of being permitted to participate in any Flying Activity sponsored, promoted or directed by Company, I, the undersigned (and, if applicable, my parent), on behalf of myself and my heirs, executors, administrators, legal representatives, agents, servants, attorneys, and each of their respective successors and assigns ("Releasors"), hereby fully release, waive liability, promise never to sue and forever discharge Company and their respective members, subsidiaries, parents, partners, managers, officers, affiliates, directors, promoters, sponsors, employees, attorneys, advisors, servicers, accountants and agents ("Released Parties") from any and all actions, suits, judgments, executions, claims, counterclaims, offsets, demands, debts, liabilities, liens, damages, injuries, contracts, obligations, acts, agreements, costs and expenses (including attorneys') expert witnesses' fees and costs), accounts, torts, causes of action, and claims for relief of whatever kind or nature, whether known or unknown, suspected or 'unsuspected, contingent or fixed, that any of the Releasors have or may have, or that may hereafter be asserted or accrue against, any of the Released Parties, from any cause, including without limitation, negligence for ALL PERSONAL INJURIES, INCLUDING DEATH AND INJURIES TO PROPERTY, real or personal, caused or arising out of participation in this Flying Activity (collectively, the "Claims").
4. RELEASE OF UNKNOWN OR UNANTICIPATED CLAIMS. I (and, if applicable, my parent) acknowledge that there is a possibility that, subsequent to the execution of this Release, I will discover facts or incur or suffer Claims which were unknown or unsuspected by me at the time this Release was executed, and which, if known or suspected by me at that time, may have materially affected my decision to execute this Release. I (and, if applicable my parent) acknowledge and agree that, pursuant to this Release, I am unconditionally and irrevocably assuming all risk of such unknown and unsuspected facts and Claims on behalf of myself and the Releasors
5. WAIVER OF UNKNOWN CLAIMS. I (and, if applicable my parent) expressly waive, on behalf of myself and the Releasors, whatever benefits I may have under Section 142 of the California Civil Code which provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR"
6. INDEMNITY, IN ADDITION. I (and, if applicable, my parent) AGREE TO INDEMNIFY AND HOLD HARMLESS the Released Parties from any loss, liability, damage, or cost they incur due to such participation by the negligence or otherwise, and AGREE TO ASSUME FULL RESPONSIBILITY AND RISK for any bodily injury, death, or property damage from the Released Parties' negligence or otherwise while I am participating in the Flying Activities.
7. I (and, if applicable, my parent) hereby assume full responsibility for all risk of bodily injury, death or property damage due to negligence of Company connected with their ownership, use or maintenance of their aircraft. I acknowledge that flying in an aircraft could involve serious risk of injury or death.
8. I acknowledge that I will watch and/or listen to thePassenger BriefingSafety Video, and/or have been briefed on and understand the following:
(a) 1.) Procedures on fastening and unfastening seatbelts,
2.) Prohibition on smoking; and
3.) Procedures for exits and exiting the aircraft
(b) 1.) Procedures for water ditching;
2.) Use of required life preservers, and
3.) Procedures for emergency exit from the aircraft in the event of a water landing.
*NO jumping or raising arms *Tail Rotor DANGER-NEVER APPROACH FROM BEHIND *Always have visual contact with the pilot (eye to eye) when boarding/ exiting aircraft*
I hereby grant Company permission to take and use my/and or child's photograph and/ or video for promotional, commercial, public relations and related uses without compensation to me and/ or my child and approve by my initials here and signature below.
I acknowledge and understand that this Release is an important legal document, and by signing this document I am waiving substantial legal rights I may otherwise have to recover damages for injuries or losses, and sign it voluntarily and without inducement of any nature and intend for it to be enforced to the greatest extent allowed by law. I am 18 years of age or older, or I am Less than 18 years of age and I have had the Parental Consent executed by my parent or legal guardian.
ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO CORONA VIRUS/COVID-19
In consideration for PARTICIPATING/ BEING ON PREMISES/AND/ OR IN AIRCHAFT at OC Helicopters (hereinafter the “Activity or Activities”), I, on behalf of myself and any minor child/children for whom I have the capacity to contract, hereby acknowledge and agree to the following:
- I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I acknowledge and understand that that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates.
- Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in Activities.
- I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being on the premises and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor children form whom I have the capacity contract) OC Helicopters, LLC, their owners, officers, directors, agents, employees and assigns (the “RELEASEES”) from any liability related to COVID-19 which might occur as a result my being on the premises and participating in the Activities.
- I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury.
- It is my express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions contained herein shall be construed, interpreted, and controlled according to the laws of the State of California. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT THE PERMISSION GRANTED BY RELEASEES TO BE ON PREMISES AND PARTICIPATE IN THE ACTIVITIES.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
Date: July 7, 2020