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ASSUMPTION OF RISK WAIVER 

 

ASSUMPTION OF RISK WAIVER OF RIGHTS INDEMNITY AGREEMENT & RELEASE OF LIABILITY ACKNOWLEDGMENT OF RISKS AND HAZARDS


 

In consideration for being permitted to utilize the facilities and equipment of, Skyline Balloons Inc. to engage in hot air balloon flight, hot air balloon setup, hot air balloon deflation, hot air balloon takeoffs and landings, ground transportation, ground training, Skydiving, parachute jumping, and related activities (hereinafter collectively referred to as "ballooning and parachuting activities ") 

I hereby agree as follows: 

1.

I Agree
That ballooning and parachuting activities, as used in this document includes any nature whatsoever that occur at any location and the operation or the facilities and equipment supplied by any of the released parties as described below 

2.

I Agree
I hereby forever release and discharge Skyline Balloons inc. United States Parachute Association, all manufacturers, distributors and dealers of hot air balloons and skydiving equipment, owners of the aircraft, any and all concessionaires of Skyline Balloons INC, any and all members, officers, directors, shareholders, agents, employees, instructors, pilots, jumpmasters, tandem masters, photographers, and the owners of the foregoing released parties, the aircraft and land utilized for ballooning and parachuting activities (hereinafter and collectively referred to as released parties"), from any and all liabilities, claims, demands, or causes of action that I may hereafter have for injuries and damages arising out of my participation in ballooning & parachuting activities, including, but not limited to losses caused by the passive or active negligence of the released parties or hidden, latent, or obvious defects on the malleable landing site or in the equipment used. 

3.

I Agree
I further release and discharge the released parties, insofar as it is possible to do so under the applicable law, of any duty of care whatsoever toward me. This release and discharge from duty includes a release from liability for conduct, actions, and activities that I do not foresee or anticipate at this time. This release from liability and discharge from duty is intended to be as full and complete a release from liability and discharge from duty as it is possible to make under the applicable law and is intended to be binding upon not only myself, but also upon any other person that might otherwise be able to bring an action for wrongful death in the event I am killed. 

4.

I Agree
I further agree that I will not sue or make a claim against the released parties for damages or other losses sustained as a result of my participation in ballooning and parachuting activities

I also agree to indemnify and hold the released parties harmless from all claims, judgments and costs, including attorneys fees, incurred in connection with any action brought as a result of my participation in ballooning & parachuting activities including but not limited to losses caused by the passive or active negligence of the released parties: or hidden, latent or obvious defects at any takeoff or landing site or in the equipment or aircraft used. 

 

5.

I Agree
I understand and acknowledge that ballooning and parachuting activities have inherent dangers that no amount of care, caution, instruction or expertise can eliminate and I expressly and voluntarily assume all risk of death or personal injury sustained while participating in ballooning and parachuting activities including the risk of passive or active negligence of the released parties: or hidden. latent, or obvious defects at the launch site, landing site, in flight or in the equipment or aircraft used. 

 

6.

I Agree
I have been advised and recognize that my ballooning and parachuting activities may not be covered by any personal accident or general liability insurance policy issued to the released parties and that even if there is an insurance policy, this release is intended to deny me any benefits under such policy. 

7.

I Agree
I understand that because of the dangers involved in ballooning and parachuting activities, the released parties are making no warranty of any kind, express or implied, concerning any and all equipment, aircraft, or facilities provided by the released parties.

Ballooning and parachuting activities can be dangerous and associated equipment such as parachutes and aircraft do not always work the way they are expected to function. I understand that the ballooning parachuting equipment provided by the released parties is provided without any warranty that they are fit for use for any purpose whatsoever. They are provided without any warranty of merchantability or airworthiness. The approval for use of any equipment by the released parties is not a warranty that the equipment is suitable for any purpose. But merely an opinion. I understand these disclaimers and I accept them. 

8.

I Agree
I understand that because of the nature of ballooning and parachuting activities, it is impossible for an instructor or pilot to determine with any degree of certainty that I have been properly trained to participate in the sport or that I have fully grasped and comprehended the instruction presented to me.

Furthermore, it is impossible for an instructor or pilot to predict how anyone will react under the conditions and stress that are inherent in ballooning and parachuting activities. For that reason, I understand that there is no warranty whatsoever, as to the adequacy of training provided by the released parties to me. I understand that I will be required to warrant to the released parties, that based upon my own evaluation of the training I have received that I believe that I have been adequately trained and that I can safely perform ballooning and parachuting activities and cope with the conditions and stress of ballooning & parachuting activities, before I will be allowed to make my first jump. 

9.

I Agree
I am fully aware of the hazards of ballooning and skydiving and accept all risks associated with ballooning and skydiving. [

10.

I Agree
I specifically agree that I have inspected all of the surrounding land, facilities, equipment, aircraft, and parachutes around the flight area. I acknowledge that airports, drop zones and landing spaces contain such dangerous objects as trees, fences, power lines, hills, streams, buildings, rocks, hidden holes, uneven terrain, clods of dirt, poisonous snakes, lakes, and other natural and man-made objects that can cause injury to me upon landing. Based upon my independent evaluation of all the risks, I reaffirm my assumption of the possible extreme risk and danger set out above. 

 

11.

I Agree
It is specifically agreed that each person involved in providing instruction or other 

skydiving, ballooning or parachuting activities related services or equipment to me, is an independent contractor and is not an employee or agent of any other of the released parties and that the released parties are not liable for any of the acts of any other persons. 

12.

I Agree
As part of the consideration for my being allowed to utilize the facilities and equipment of Skyline Balloons Inc, and to participate in ballooning and parachuting activities, I promise not to sue any of the released parties for any cause of action whatsoever. 

13.

I Agree
I certify that considering my lifestyle and the manner in which I am supporting my 

dependents. I have made adequate provisions for my spouse, if any, my children, if any. my heirs, if any, and all other persons dependent upon me so that in the event of my death they will have suffered no financial loss. 

 

14.

I Agree
It is further specifically agreed that venue and jurisdiction for any legal action arising 

out of any matter which is the subject of the document shall be in the Superior Court of the state of California, County of Riverside. 

15.

I Agree
If the court should decide that any clause in this contract is illegal or unenforceable, 

such determination shall not affect the validity or enforceability of the remaining provisions hereof, all of which shall remain in full force effect. 

16.

I Agree
I hereby certify that I do not suffer from any physical infirmity or chronic illness including, but not limited to hearing problems or vision problems which would affect my ability to engage in ballooning and parachuting activities. I further certify that I am not on any regular medication or consumed alcohol prior to flight. I understand that alcohol may be offered during the flight by a pilot or employee. I certify that I will not carry or consume alcohol that is my own or not served by a pilot or employee of Skyline Balloons Inc. I, the participant, represent and warrant that I have no physical infirmities, except as listed below: am not under treatment for any other physical infirmity or chronic ailment or injury or any nature; and have never been treated for or diagnosed to have and of the following: cardiac or pulmonary conditions or diseases, diabetes, fainting spells or convulsions, nervous disorders, kidney or related diseases, high or low blood pressure, or any other disability which might in any way affect my ability to participate in ballooning and parachuting activities. 

17.

I Agree
I agree that ballooning and parachuting activities are of little value to the public and no one has to engage in them. 

18.

I Agree
I understand and acknowledge and further agree that including but not limited to tandem diving, there will be substantial physical contact with Skyline Balloons personnel as is reasonably required under the circumstances to properly fit equipment. 

19.

I Agree
This release is intended to be a continuing agreement and shall remain in effect at any and all times I am engaged sport ballooning and parachuting activities whether here or at any other location. I understand that ballooning and parachuting activities involve travel in three dimensions and such activity is subject to mishaps, injury or possibly even death; therefore I again reaffirm my voluntary assumption of all of the risks of engaging in ballooning and parachuting activities and I again forever release and discharge, insofar as it is possible to do so under the law, the released parties in this agreement from any duty of care whatsoever owed to me. 

 

20.

I Agree
I agree to release to the released parties, the right of use of all video and 

photographic images, recorded of myself for any purpose chosen by the released parties. I agree no to dispute the use of such materials, nor seek compensation for said use, regardless of any profit derived therefrom. I also agree to not release pictures or videos without the consent of Skyline Balloons INC. Consent may come in the form of a contract or simple social media tag.   

 

21

I Agree
 All flights are refundable up to 24 hours after purchase. If a flight is cancelled due to inclement weather, equipment malfunction or under a 4 passenger load, Skyline Balloons will reschedule you for another date. All reschedules must be made 48 hours in advance or customers will be subject to a $75/passenger reschedule fee. Please call the office for more details. Skyline Balloons owes all rights to any pictures or videos taken from the balloon in the present, future and past rides. 

 


First Passenger Name
First Name*
Last Name*
Phone*
First Passenger Date of Birth*
Date of Birth
First Passenger Signature*
Second Passenger Name
First Name*
Last Name*
Passenger Date of Birth*
Date of Birth
Third Passenger Name
First Name*
Last Name*
Passenger Date of Birth*
Date of Birth
Fourth Passenger Name
First Name*
Last Name*
Passenger Date of Birth*
Date of Birth
Fifth Passenger Name
First Name*
Last Name*
Passenger Date of Birth*
Date of Birth
Sixth Passenger Name
First Name*
Last Name*
Passenger Date of Birth*
Date of Birth
Seventh Passenger Name
First Name*
Last Name*
Passenger Date of Birth*
Date of Birth
Eighth Passenger Name
First Name*
Last Name*
Passenger Date of Birth*
Date of Birth
Ninth Passenger Name
First Name*
Last Name*
Passenger Date of Birth*
Date of Birth
Tenth Passenger Name
First Name*
Last Name*
Passenger Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
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Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Relationship*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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