Today's Date: August 23, 2026 I. Voluntary participation. I voluntarily choose to participate in ground training, flying, flight tours, or flight training activities in an aircraft operated by Pelican Flight Training LLC, doing business as Fly Bay Area (“Fly Bay Area”) or at Fly Bay Area office location (the “Activity”). II. Waiver. In consideration of being permitted to participate in the Activity, I, for myself, my heirs, distributees, executors, guardians or legal representatives or assigns, do hereby release, waive, discharge and covenant not to bring an action or claim against Fly Bay Area, its affiliated entities or owners, persons, employees, contractors and agents for any and all illnesses (including COVID-19 Infection), personal injury, death,accidents, and property damage arising from, or related to participation in the Activity. No modification or waiver of any provision of this agreement shall be effective unless made in writing and signed by both parties. III. Assumption of risks. I am aware participation in the Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid illness or injuries. I acknowledge the inherent risks of illness, injury, death, and property damage involved in the Activity, including without limitation risks due to exposure to viruses or bacteria in our facilities or aircraft, contact with other persons who may be symptomatic or asymptomatic for communicable diseases and infectious illness, pilot error, engine or mechanical failure, negligent maintenance, interference by wildlife or other foreign objects, contaminated fuel, hard or forced landing, unfavorable weather or terrain, difficult search and rescue operations, turbulence, or other causes including infectious diseases. I acknowledge injuries may range from (1) minor injuries such as scratches, bruises and sprains to (2) major injuries such as eye injury or loss of sight, joint or back injuries, bone fractures, heart attacks and concussions to (3) catastrophic injuries including paralysis and death, (4) illness, hospitalization, or death resulting from exposure to communicable or infectious disease agents. I am aware of the risks of illness, injury, death, and property damage that may result from, among other causes, the active or passive negligence of Fly Bay Area and its officers, owners, employees, and agents (collectively, "Released Parties"), including without limitation the risk of negligent instruction or supervision. I voluntarily engage in the Activity with knowledge of the risks of illness, injury, death, property damage, and other risks, and assume any and all known and unknown risks of illness, injury, death, and property damage that may result from the Activity, and hereby agree to accept any and all risk of loss, illness, injury, or death, and verify this assumption of risk statement by signing below. IV. Release of liability. I release Released Parties from all liability to me and my principals, employees, agents, representatives, guardians, successors, assigns, heirs, children, and next of kin for all liability, claims, damages, or demands for personal illness, injury, death or property damage, arising from or related to this agreement or to the Activity, whether the illness, injury, death, or property damage occurs on or off the premises of Fly Bay Area. This release includes, without limitation, any personal illness, injury, death, or property damage caused by active or passive negligence of any of the released parties. I bear sole responsibility for any loss. V. Informed Consent. I certify I am physically capable of participating in the Activity and have informed Fly Bay Area of any medical or health conditions that I may have that may affect my ability to safely participate in the Activity. I agree to supply a doctor’s note should I experience any of the conditions that could worsen as a result of the Activity or if I am aware of any reason why I should not partake in the Activity. I have been informed and understand that the Activity has been associated with certain risks, including but not limited to, accidental injury or illness. I further understand that the Activity carries particular risks of accidental injury or illness in the course of the Activity. I give Fly Bay Area permission to seek emergency medical services for me should I become injured or ill with the understanding that I am responsible for any expenses incurred. I fully understand that Fly Bay Area does not provide any medical insurance coverage for me while participating in the Activity. VI. Indemnity. I agree to indemnify, defend, and hold harmless Fly Bay Area, its agents, owners, officers, directors, and employees from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorney’s fees) arising from or related to (a) my participation in the Activity, (b) my breach of this agreement, or (c) any action to enforce this release against me, my assignees, heirs, distributees, or legal representatives. VII. Governing law. This agreement shall be governed by and construed in accordance with the laws of the State of California. Any action or proceeding arising out of or relating to this agreement shall be brought exclusively in the state or federal courts located in San Mateo County, California, and the parties consent to the personal jurisdiction of such courts. Any disputes relative to this agreement shall be settled according to the laws of the State of California. VIII. Severability. I further expressly agree that the foregoing waiver of liability, assumption of risk, and indemnity agreement is intended to be broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. IX. Knowing and voluntary execution. I have carefully read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I understand that this agreement includes an assumption of the risk of the released parties' negligence and a release of their liability. I acknowledge that Fly Bay Area is materially relying on this waiver and is allowing me to engage in the Activity. I agree that no oral representations, statements or inducements apart from the foregoing written agreement have been made. This waiver of liability, assumption of risk, and indemnity agreement, shall continue to be effective for future activities with Fly Bay Area unless revoked in writing by me. I also certify that I have no reason to believe that I have any physical or mental limitations which prevent me from safely participating in the Activity. I certify that I am 18 years or older, unless my parent or legal guardian has signed below. I am signing this agreement freely and voluntarily, and intend by my signature to be in complete and unconditional release of all liability to the greatest extent allowed by law.
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