AGREEMENT: 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 a safe condition.
I hereby agree to, and expressly assume the risks while engaged in hot air ballooning recreational/sporting activities whether during the flight preparation, take-off, flight, landing, pack-up or travel to or from the take-off or landing areas, including ground transportation.
I acknowledge that per the Federal Aviation Regulations, the pilot of the aircraft is in full and complete charge and control of the balloon and is solely responsible for all decisions made concerning all things or persons in or connected with the balloon on the ground or in the air.
I hereby irrevocably waive and release , Zing Aerosports, LLC, dba Snohomish Balloon Ride, dba Arizona Balloon Flights, their respective officers, directors, trustees, agents, members, employees, successors, heirs, assigns, affiliates and legal representatives [Released Parties] from all claims, rights, demands or actions for ordinary negligence which I or my successors, heirs or assigns may have against the Released Parties in connection with the hot air ballooning activities whether caused by the risks inherent in these activities or by the ordinary negligence of the Released Parties.
I agree not to make a claim against or sue the Released Parties for injuries, death, or property damages relating to the ballooning activities and/or the use of the balloon equipment, even if any injury, death or damage is caused by the inherent risks of this recreational/sporting activity or 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 for ordinary negligence of every nature or kind whatsoever, known, unknown, suspected or unsuspected, arising out of the ballooning activities.
I hereby agree to and accept the terms and conditions of this Assumption of Risks & Waiver of Liability Agreement. This Assumption of Risks & Waiver of Liability Agreement constitutes the final and entire agreement between the Released Parties and the undersigned concerning this subject matter. In the event of litigation with respect to the ballooning activities or this agreement, the prevailing party shall be entitled to recover attorney fees and the costs of litigation. I certify that I am eighteen (18) years of age or older and that I have no medical or mental condition that prevents me from participating in the ballooning activities.
“I have carefully read this Assumption of Risks and Waiver of Liability Agreement and I fully understand it.”
Today's Date: April 12, 2021