Flyer Registration Form

The Zero-G Experience®

 Participant Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement Zero-G Corporation

In consideration of the services of the Zero Gravity Corporation, Everts Air Cargo and their various agents, owners, officers or directors, volunteers, sponsors, parent or subsidiary corporations, participants, employees, subcontractors, consultants, sales agents, third-party booking entities and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Z.G.C.”), I hereby agree to release and discharge Z.G.C. on behalf of myself, my parents, my legal and personal partners, my heirs, assigns, personal representative and estate as follows:

1.  Inherent Risks I acknowledge that the weightless flight experience entails known and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, or to third-parties and/or damage to my property or the property of others. I understand and acknowledge that the enjoyment and excitement of this type of activity is derived in part from inherent risks created by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activity. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in Z.G.C. activities. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

The inherent risks associated with the weightless flight experience and flying in aerobatic maneuvers include, among other things: injury or illness from sudden changes in gravity, altitude and/or turbulence, your body physically contacting or impacting the interior of the aircraft, equipment and materials in the aircraft, other participants during weightlessness, as well as objects and/or liquids floating in the aircraft. Participants in the Zero-G activity might experience flight malfunction or mechanical failure, interference from other aircraft, nausea, vomiting, physical injury caused by impact with the aircraft or other flight participants, broken or injured body parts, death or injury from an aircraft crash, instability, changing outside weather conditions, or rough flights caused by weather or mechanical issues. Communication in this type of flying can be difficult and in the event of an accident, rescue and medical treatment may not be immediately available. Exposure to parabolic flying can be uncomfortable and/or harmful and I am aware that this exposure could cause illness that may diminish my or the other participants ability to react or respond. Injuries might include (sometimes life threatening) from these types of activities include, but are not limited to the following; strains, sprains, fractures, and/or wounds and trauma to the head or body.  

I acknowledge that my time participating in Z.G.C. events/activities may require me to use technical equipment (for example, a seat belt on my chair) that I might not be familiar with and that I or other participants may find difficult to use and which I or other participants may use incorrectly. I acknowledge that, despite reasonable care and maintenance, essential equipment may fail, malfunction or cause injury or worse harm to myself or others. I acknowledge it is my own responsibility to carry my own necessary medications aboard the aircraft, and that this shall only be permitted to the extent that carrying such medications aboard the aircraft is permitted by the Transportation Security Administration's Special Procedures and Z.G.C in its sole discretion. Taking any medications aboard the aircraft must be disclosed to Z.G.C if such medications are in liquid or powder form. It is also my own responsibility to be able to administer such medications, and I will not expect or request that any Z.G.C staff administer any such medications.

Z.G.C. is not a “Common Carrier” but rather is in the primary business of providing zero gravity flight trips. Transportation to and from the activity is incidental to the activity. Transport by car, bus, walking, or van travel in some instances may be provided by Z.G.C. and may involve errors in judgment by Z.G.C. staff operating the vans, buses, cars, guided walks or other transport methods.  

I expressly acknowledge that naturally occurring human disease processes (including, but not limited to, the currently widespread Corona Virus) occur in all environments in which this activity will take place. I acknowledge that, while Z.G.C. has taken reasonable measures to avoid contact, exposure, transmittal or contamination of the virus between people (including guests/participants, employees and other third parties) that it is my sole responsibility to safeguard myself and others. I understand and agree that, if I choose to participate in this activity, that Z.G.C. cannot and will not have any legal liabilities toward me if I contract the virus. On the other hand, if it is determined that I acted negligently or unreasonably and was responsible for transmittal of the Corona Virus (or any disease process) to other Z.G.C. participants or employees, that I may be held legally and financially responsible for that transmittal.   

Furthermore, Z.G.C. Coaches and crew and pilots have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They may give inadequate warnings or instructions, and/or I as the participant may fail to understand the safety directions due to language issues. The equipment being used might malfunction. Further, I may encounter: the negligence or mis-behaviors of other visitors or participants who may be present, participants giving or following inappropriate advice, mine or others’ failure to follow the rules of Z.G.C. and/or my own negligence or inexperience, some or all of which may diminish my or the other participants’ ability to react or respond. I also acknowledge that I have the responsibility to inspect any and all facilities or equipment to be used and to immediately advise Z.G.C. of anything which I consider to be unsafe or to refuse to participate. I specifically acknowledge that decisions made by coaches/staff/pilots and participants are often made in emergent and/or dangerous situations and are often made based on imprecise, momentary and subjective perceptions so that decisions are subject to errors in judgment that cannot and should not be associated with fault at a later point in time.

Further, I acknowledge that the Federal Aviation Authority (FAA) has granted Z.G.C. exemptions from certain FAA airplane design and operational requirements. Among those exemptions is the location of oxygen supplies, which are located beneath the passenger seats and along the walls in the floating area of the cabin forward of the seats. I acknowledge that in the event of a cabin decompression it is my own responsibility to locate and navigate to an available oxygen supply. I acknowledge that a failure to locate and navigate to an available oxygen supply carries the risk of hypoxia, a dangerous physiological condition. Early symptoms of hypoxia include confusion, changes in skin color, coughing, fast heart rate, rapid breathing, shortness of breath, slow heart rate, sweating, and wheezing, and it is my own responsibility to recognize these symptoms. 

2.  Express Assumption of Risk  I expressly agree and promise to accept and assume all the risks existing in this activity. This means I am not just assuming the inherent risks of the activity but rather that I am assuming all of the risks of the activity, even if they are not expressly stated in this document. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I agree and understand that my decision to encounter the risks in this activity is the most substantial factor causing any ultimate harm that may come to me during this activity. This is a purely voluntary un-necessary activity for me and even if I do not (or claim that I do not) have knowledge of a particular risk, this express agreement to assume all risks whether they are known or unknown to me is intended to defeat all claims I might have against Z.G.C.  

3.  Specific Express Legal Agreements I agree that Z.G.C. is not a “common carrier” under the law for purposes of the activities offered by Z.G.C. My intent in signing this release contract is that it will be given broad effect by the Florida courts even if a specific risk or possible claim is not listed herein. I expressly agree acknowledge that I am waiving arguments against Z.G.C. as to when and where an activity begins or ends and that once I am engaged in any way in a Z.G.C. activity this release contract will apply. I also expressly agree that this release contract will be admissible into evidence in any legal proceeding which I initiate or become involved in against Z.G.C., even if the Court rules that the contract is not dispositive of the case. I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing it, as is and without edits, of my own free will.  

4.  Release and Waiver of Rights Including for ALL Claims of NEGLIGENCE I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Z.G.C. from ANY AND ALL claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Z.G.C.’s equipment or facilities, including any such Claims which allege any theory of negligence including negligent acts or omissions of Z.G.C. (‘Z.G.C.’ being its employees/pilots/coaches and those defined in the opening paragraph of this document). What I am agreeing to in this clause is that, beyond the legal application of the inherent risk and assumption of the risk provisions, this separate provision means I am waiving all claims I might have against Z.G.C. sounding in negligence. I agree that the risks of death, injury, property loss or other damages are known and unambiguous to me and that, even if a specific type of loss is not listed in this document it is my express agreement not to hold Z.G.C. liable for negligence related to any death, injury or other style of damage encountered.    

5.  Indemnity Should Z.G.C. or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement or to defend against lawsuits or claims brought by me or someone on my behalf, I agree to indemnify and hold them harmless (in other words, I agree to pay for...) for all such fees and costs. Plainly put – if I or anyone else violates this release contract and brings suit against Z.G.C. I agree to pay all of Z.G.C.’s legal fees in defending themselves.

6.  Personal Skill & Insurance I certify that I have sufficient skill and fitness to participate in the activities offered by Z.G.C. I further certify that I have no medical, mental or physical conditions which could interfere with my safety or ability to participate in these activities, or else I am willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition. I further certify that I have adequate insurance to cover any injury, damage or emergency transportation costs I may cause or suffer while participating (regardless of the cause), or else agree to bear the costs of such injury, damage or emergency transportation costs myself.  

7.  Medical Issues I further agree that, in the event that Z.G.C. deems it necessary to administer emergency first aid or CPR or to remove me from its activities or premises or from the field or to seek emergency medical care for me that, by signing this document, I am giving Z.G.C. permission to: administer emergency first aid or CPR, secure emergency transport or medical care and/or disclose any medical information it may have about me to any health care provider which may become involved in my care, treatment or removal from the field. By signing this document, I am waiving any right to object to or bring any type of action or claim against Z.G.C. for its administration of emergency first aid or CPR or for securing emergency transport or medical care and/or for the disclosure of personal medical information it may have about me to any health-related person who becomes involved in my care or removal from Z.G.C. activities or the field.

8.  Photographic Assignment I understand that the Z.G.C. reserves the right to take photographic or film (of whatsoever nature) records of any or all activities and I hereby agree that Z.G.C. may use such records for promotional and/or commercial purposes without any remuneration to me or without my further permission. I hereby assign all right, title and interest I may have in or to any and all media in which my name or likeness might be used by Z.G.C. I agree and acknowledge that Z.G.C. cannot control media or photographic images of me that may be generated or disseminated by other participants or third parties.

9.   Release as Contract and Personal Capacity I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing this contract, as is and without edits, of my own free will. I expressly acknowledge that I am not under the influence of drugs or alcohol at the time of my signing of this document and that there are no other impediments or reasons why I would lack the capacity to enter into this contract with Z.G.C.

10.  Forum Selection, Severability, Breach of Contract/Warranty Waiver, Etc. In the event I file a lawsuit against Z.G.C., I agree to do so solely in the State of Florida, and I further agree that the substantive law of Florida shall apply in that action without regard to the conflict of law rules of that state. I hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise have been entitled. I agree to submit to the jurisdiction of the Florida courts, in the County of Brevard. I agree that if any portion of this agreement/contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect; this document is intended to be interpreted as broadly as possible. A copy (scanned, photocopied or electronic) of this release contract can be used as if it was the original. I understand that this document constitutes the entire Agreement/Contract between myself and Z.G.C. and that it cannot be modified or changed in any way by representations or statements of any nature (be they vocal, advertising, etc.) outside of this document; in other words, I am also waiving any claims I might have for breach of contract or warranty for statements or representations made outside of this release contract.

By signing this document, I acknowledge that if anyone is hurt or killed or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Z.G.C. on the basis of any claim from which I have released them herein.

I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT.

I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS 

My express intention in signing this complete release of claims document is to voluntarily exchange this release contract with Z.G.C. for the opportunity to participate in recreational activities with Z.G.C.