Release and Indemnity
In consideration of the 1941 Historical Aircraft Group Museum, DBA National Warplane Museum, allowing the undersigned, hereinafter referred to as “Participant,” to utilize the facilities and participate in activities, including but not limited to, flying activities arranged by 1941 Historical Aircraft Group d.b.a. National Warplane Museum, hereafter referred to as “NWM”, wherein Participant is a passenger or crew member, it is agreed pursuant to this Release and Indemnity (the “Release”) that:
1. Assumption of Risk
Participant knows and understands that all aspects of flying activities and aviation present inherent dangers and risks of permanent catastrophic injuries, disfigurement, or death. Participant, by signing this Release, is agreeing to voluntarily participate in these activities with knowledge of the damages involved and assumes any and all risk, including those of physical, mental or emotional injury, property damage or death. While participating in any activities with NWM, Participant agrees to exercise appropriate caution to ensure that his or her participation is safe for themselves and others.
2. Exemption from Liability
In consideration of the benefits that Participant will receive as a passenger or crew member during the flying activity or activities, Participant waives and releases NWM, Grasshopper, Inc., and W. Austin Wadsworth, and Big Tree Farm, LLC as landlord, and each of the operators, officers, directors, members, sponsors, agents, employees, and lessors of each of the foregoing, and their respective successors and assigns (individually, a “Released Party” and collectively, the “Released Parties”), from any and all present and future claims or liabilities of any kind, known or unknown, loss, injury or destruction to the Participant or the Participant’s property while upon the premises, aircraft, or vehicles owned or leased by NWM or while participating in any flying activity arranged by NWM, even though such claim, loss, injury or destruction may arise out of ordinary negligence or fault on the part of the persons or entities named in this Release. Participant further agrees never to institute or assist in the prosecution of any suit or action at law, equity, or otherwise against any of the Released Parties that may arise out of the activities contemplated by this Release.
3. Indemnity Against Claims
Notwithstanding any insurance coverage which may be in effect, Participant will, to the extent allowed by law, indemnify, save and hold harmless each of the Released Parties from any and all losses, claims, actions, or damages of every kind and character which may be presented or initiated by Participant, or any other person or organization, and which arise directly or indirectly from the activities of the Participant or any of the Released Parties while engaged in the activities contemplated by this Release, regardless of whether such losses, claims, actions, or proceedings resulted from any negligence or other fault of any one or more of the Released Parties. Participant agrees to pay all the litigation costs of all any of the Released Parties, including without limitation all reasonable attorney fees, court costs, and disbursements incurred in any action or suit arising from any of the activities of Participant contemplated by this Release. 3489 Big Tree Lane, PO Box 185 Geneseo, NY 14454
4. Governing Law
This Release shall be governed by the laws of the State of New York, and Participant and NWM agree that any legal action shall only be brought before a court of competent jurisdiction in Livingston County, New York.
5. Knowing and Voluntary Execution
By signing below, Participant acknowledges that he or she has read, fully understands and freely accepts all of the provisions in this Release, including those relating to assumption of risk and indemnity from liability.
Participant expressly agrees that the foregoing provisions are intended to be as broad and inclusive as permitted by law, and that, if any portion of this Release is held invalid, it is agreed that the balance hereof shall continue in full force and effect. Participant agrees that all obligations in this Release shall be binding upon the Participant and his/her heirs, executors and administrators.
Participant should not sign this Release if he or she does not fully understand the above provisions. By signing this Release, Participant is giving up any right he or she may have now or in the future to sue the above identified persons and entities.
In Witness Whereof, this Release has been executed November 24, 2020
*** This aircraft falls under a limited airworthy certificate due to it's historical use ***
THIS IS A RELEASE. READ CAREFULLY BEFORE SIGNING.
1941 Historical Aircraft Group Museum is a Non-Profit 501(c)(3) chartered by the New York State Board of Regents.