Certain risks are inherent in any Envi Adventures activity. Each member, guest, or non-member participant agrees to accept personal responsibility for his/her safety, and the safety of minors accompanying such persons. I will and do hereby assume the above-mentioned risks and will hold harmless Envi Adventures, LLC, officers, directors, members from any and all liability and claims of every kind and nature whatsoever, which may arise from or in connection with my participation in these activities.
In exchange for participation in the activity of Scenic Flight Tours, Aerial Photography or other Aviation related activity that includes the action of flight organized by Envi Adventures, LLC, of 1350 NW Perimeter Way Troutdale, OR 97060 and/or use of the property, facilities and services of Envi Adventures, LLC, I, agree for myself and (if applicable) for the members of my family to the following:
- AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all rules and warnings, and further agree to follow any oral instructions or direction given by Envi Adventures, LLC, or the employees/representatives of Envi Adventures, LLC during any point of our interaction and participation with Envi Adventures, LLC be it in the form of ground transportation or during modes of flight including on flights operated by other carriers.
- UNDERSTANDING OF AUTHORITY. I agree and understand that the person of authority from time of entering onto airport property for flight with Envi Adventures is Envi Adventures and/or Envi Adventures representative(s). I also agree to adhere to all rules and regulations as explained by Envi Adventures representatives. I also agree and understand that the person of authority from time of entering into property of Envi Adventures (i.e. ground vehicle, aircraft) is Envi Adventures and/or Envi Adventures representative(s). I also agree to adhere to all rules and regulations as explained by Envi Adventures representatives at all time.
- ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Envi Adventures, LLC or contracted parties for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Envi Adventures, LLC whether caused by the fault of myself, my family, Envi Adventures, LLC or other third parties. I will and do hereby assume the above-mentioned risks and will hold harmless Envi Adventures, LLC, officers, directors, members and any contracted providers from any and all liability and claims of every kind and nature whatsoever, which may arise from or in connection with my participation in these activities.
- INDEMNIFICATION. I agree to indemnify and defend Envi Adventures, LLC against all claims, causes of action, damages, judgements, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Envi Adventures, LLC.
- FEES. I agree to pay for all damages to the facilities of Envi Adventures, LLC caused by negligence, reckless, or willful actions by me or my family.
- APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Oregon law.
- NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Envi Adventures, LLC has offered to refund any fees I have paid to use its services and facilities if I choose not to sign this Agreement.
- ARMS LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arms length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties and each of the them, explicitly reject the application of any legal or suitable rule of interpretation which would lead to a construction either for or against a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
- ENFORCEABILITY. The invalidity of enforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
- DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
- PHOTO RELEASE WAIVER I hereby grant Envi Adventures permission to use my "Media" (defined as photograph, video, or other digital media) and Media with my likeness in a photograph, video, or other digital media (photo) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that by posting and tagging, using Envi Adventures by name, or any other related Envi Adventures social media connections, all Media may be used by Envi Adventures without additional permission or approval. I hereby irrevocably authorize Envi Adventures to edit, alter, copy, exhibit, publish, or distribute Media for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my Media and/or likeness with that Media appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. I hereby hold harmless, release, and forever discharge Envi Adventures from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
- ADVICE TO PREGNANT PASSENGERS While flying does not usually cause problems during pregnancy unless delivery is expected within 14 days or less, in some cases, flying has been known to cause complications or premature labor. Female Customers at any stage of pregnancy should consult with their physicians prior to flying with us. Envi Adventures recommends against flying with us beginning at the 38th week of pregnancy.
- INFANT TRAVELERS An adult Passenger may carry, free of charge on his or her lap, one child under 2 years of age. WE STRONGLY SUGGEST BRINGING EAR PROTECTION FOR YOUR INFANT AS ENVI ADVENTURES MAY NOT HAVE SUITABLE EAR PROTECTION FOR CHILDREN UNDER THE AGE OF 2.
- PETS/ANIMALS Envi Adventures permits bringing dogs on flights with owner. Owner must bring cotton balls for hearing protection of the animal and Envi Adventures shall not be held liable for any adverse affects to the animal. Owner of animal must be able to lift animal into the aircraft without assistance. Owner must also be able to constrain animal during the flight so to not affect operation of the aircraft and to not distract pilot. If animal becomes unruly, pilot has the right to divert aircraft and cancel the flight without refund.
Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and any judgement may be entered upon it by any court having proper jurisdiction.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
Today's Date: November 25, 2020