I hereby acknowledge that I have VOLUNTARILY applied to participate in hot air ballooning recreational/ sporting activities. I understand and I am aware that hot air ballooning is a hazardous activity. I understand that hot air ballooning and the use of ballooning equipment involves risk of injury or death and that there is a possibility that I could be injured or killed while participating in this activity. I also understand that the property upon which the take-off or landing of the balloon is to occur may not be in safe condition.
We the undersigned do hereby voluntarily agree to become a passenger in a hot air balloon owned and operated by Balloons Over Letchworth. We further agree that we will indemnify, save, and hold harmless Balloons Over Letchworth and any of its employees and or crew persons, operating or crewing on said hot air balloon from any and all losses, claims, actions or proceedings of every kind and character which may be presented or initiated to recover money, property, or damage for injuries to persons, or injurious results or damages to property suffered during the flight of said hot air balloon or when it is on the ground. I covenant for myself, my estate, executor heirs and assigns, and for any of my minor children which ride in said hot balloon, their estates, executors, heirs and assigns, not to file suit out of riding said hot air balloon or doing anything incidental thereto.
We the undersigned, acknowledge that I am aware of the risks and hazards involved in participating in a hot air balloon ascent from Letchworth State Park, and I voluntarily participate therein although knowing of such dangers I hereby release The State of New York, The Officers of Parks, Recreation and Historic Preservation, their officers, employees, agents and all other persons participating on their behalf and against any and all liabilities, claims, demands, actions and causes of action whatsoever, arising out of my participation in this activity. This release shall be binding upon my administrators and/or executors of my estate, my heirs and distributes.
I hereby agree to, and expressly assume the risks of injury or death while engaged in hot air ballooning recreational sporting activities, including, but not limited to, the preparation, take-off, flight, landing, pack-up or travel to or from the take-off landing areas, including ground transportation.
I recognize that the pilot of the balloon is in full and complete charge and control of the balloon and is solely responsible for decisions made concerning all things or persons in or connected with the balloon on the ground or in the air. I hereby irrevocably release Liberty Balloon Co, Balloons Over Letchworth, Carroll Teitsworth, REMAX of NY, and the owner of the launch site, their employees, balloon crew, sponsors, agents, successors, heirs, assignees, affiliates and legal representatives [“Released Parties”] from all claims, rights, demands or actions for which I or my successors, heirs or assigns may have against the Released Parties for injuries, death or property damages relating to the ballooning activities and/ or use of the balloon equipment, even if injury, death or damage is caused to me or my property is due to the ordinary negligence of the Released Parties or the dangerous condition of any property upon which the ballooning activities may take place.
I further understand and agree that this release extends to all claims, known, unknown, suspected or unsuspected, arising out of the ballooning activities. I hereby agree to and accept the terms of conditions of this Release of Liability and Assumption of Risk Agreement. Release of Liability and Assumption of Risk Agreement constitutes the final and entire agreement between the Released Parties and the undersigned concerning this subject matter.
Liberty Balloon Company and its agents may copyright and use, re-use, publish, and republish photographic portraits or pictures of me or in which I may be included intact or in part, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose. I also permit the use of any printed material in connection therewith.
In the event of litigation with respect to the ballooning activities of this agreement, the prevailing party shall be entitled to reasonable attorney fees and the costs of litigation.
I certify that I have no medical or mental condition that prevents me from participating in the ballooning activities.
COVID-19 Addendum: I certify that by agreeing to participate in hot air ballooning activity with Liberty Balloon Co. I am not experiencing symptoms associated with COVID-19, have not knowingly been exposed to any carriers, and have taken all reasonable precautions in the past 14 days to avoid exposure to the virus. I agree to comply with all policies including any applicable travel restrictions, wearing a face covering while in the basket or within 6’ of any person, and will maintain social distancing whenever possible throughout the duration of the ballooning activity.
I have carefully read this Release of Liability & Assumption of Risk Agreement and I fully understand it.
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