Today's Date: October 20, 2019
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.
9. Additional Terms and Conditions;
OC Helicopters flights take off from our conveniently located offices at the Executive Terminal, John Wayne Airport – 19711 Campus Drive, Ste 260, Santa Ana.
• Please be at our office a minimum of 15 minutes PRIOR to the scheduled flight time.
• Office Hours Monday – Friday 11 am to 5 pm. If we do not answer, please leave a message and we will call you back within 24 hrs. (usually sooner)
• Flight Hours Regular Tours – 11 am to Sunset, Thursday – Sunday (weather permitting/as available) Call for afterhours/ additional flight days availability.
• Reservations suggested/required 2 weeks in advance for guest parties 2 or less. Private and groups over 3 can be accommodated/ subject to availability. Please call to schedule at (949) 851-6262 or email us at email@example.com
• Cancellation Policy; A MINIMUM of 72 hours (not including date flight) rescheduling/ cancellation notice required. Failure to give proper notice will result in forfeited flight, voucher and all monies paid. Cancellation or refunds are subject to $25 per seat administration charge. A written request via email or US Post must be submitted.
We currently fly several different types of Aircraft, seating from 4-9 passengers. A minimum of passengers needed to fly on each helicopter. If your party is less than the minimum people you will probably fly with other people.
• Flight Times; Get Your Feet Wet Ride – 10 minutes, Newport Beach Tour – 15 minutes, Surf City Tour 20 minutes, Laguna Beach Tour – 20 minutes, OC Beaches Tour – 25 minutes, U.F.O. Tour – 30 minutes
• 225 lb. maximum weight limit per person / 600 lb. combined total for all passengers for weight/ balance & safety on smaller aircraft and discounted tickets. 250 lb. per person maximum weight limit on larger aircraft. The combined total weight for all 4 passengers must not exceed 800 lbs. Please call for additional pricing if customer exceeds individual maximum weight limit and/ or aircraft limits
• Special requests, agreed noted weight/s of individuals and or cargo/baggage, may not be changed without prior notification and written approval given by OC Helicopters.
• Must be 3yrs or older to fly. Passengers under 18 yrs. must be accompanied by parent or guardian, unless PRIOR approval is obtained.
• Must book and fly prior to any promotional expiration.
• Gift cards may be applied towards tours only. Gift cards may not be applied towards the “Get Your Feet Ride”. One gift card per/person per/tour. Gift cards may not be used in combination with other offers.
• All parties flying tours must sign waiver/ participation form. Current photo ID required to fly for every passenger.
• Flights may be rescheduled and/or rerouted in the event of unsafe weather conditions.
• Aircraft subject to change. Services provided by OC Helicopters, Cardinal Air Services and Partnered FAA licensed organizations.
• Charter hourly standby fees may vary due to times, locations etc.
• Gratuity not included but ALWAYS appreciated
• OC Helipad located at OC Helicopters Executive Terminal, John Wayne Airport.
• Prices are based on a round trip flight. Roundtrip pricing still applies for drop-off only.
• “After Hours” flights between 10:00pm-7:00am are charged at a “rate-and-a-half, unless negotiated otherwise prior to departure.”
• Flight times are portal to portal from SNA.
• Aircraft have a 1-hour minimum for charters.
• Aircraft have a 3-hour minimum for productions (call for pricing).
• Most airports/helipads require a landing fee ($75.00 to $2,500 per landing).
• Flight times are approximate and may vary due to weather, air traffic control, and other factors beyond the control of pilot/company.
• Aircrafts are subject to maximum legal gross weight limits.
• The Pilot in Command is the ultimate authority regarding flight operations, routes, etc.
*• IMPORTANT: OC Helicopters prospective students should take careful consideration before deciding to take our courses. Export of certain commodities and technology described herein is strictly prohibited without a valid export license issued by the U.S. Department of State Directorate of Defense Trade Controls prescribed in the International Traffic in Arms Regulations (ITAR), Title 22, Code of Federal Regulations, Parts 120-130. This includes but is not limited to training in certain hardware and technical data (delivered verbally, visually or in printed form). Due to the requirement that states that prior to commencement of any ground or flight training, all non-U.S. persons (a person who is not a U.S. citizen and/or legal U.S. resident) who wish to receive this training must have an approved license issued by U.S. Department of State Directorate of Defense Trade Controls, we cannot offer training to non-US persons.
*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.