Agreement to participate and waiver of responsibility
- As a condition of acceptance, I certify that I am aware that the hot-air balloon flight or tethered fight that I am participating in under the arrangement and/or services of PAGOSA ADVENTURE pilots, associates, agents, contractors, volunteers, officers, or employees (known here forth as Pagosa Adventure) contains certain risks and dangers are present.
- These include but are not limited to, injury or fatality due to capsize of basket, collision with obstacles on the ground or in the air, falling while getting in or out of the basket, falling while in the basket, fire, the hazards of accident or illness (including but not limited to strains, sprains, fractures, paralysis, or any other disabling bodily injury or illness) in remote areas without medical personnel or facilities, loss or damage of personal property, arrest for trespassing or other violations, the forces of nature, or other unforeseeable causes, and travel by hot air balloon, automobile, bus, van or any other conveyance.
- I understand and assume all risks that may occur during my participation in any activities and/or use of any equipment. I will forever hold harmless, indemnify, and defend Pagosa Adventure for actions, causes of action, claims, judgments, debts, costs (including attorney’s fees), losses from bodily injury, property damage, loss of services, wrongful death and demands of every kind which may arise from or in connection with my hot-air balloon activity, including launch or landing, use of equipment or participation in any other activities arranged for me by Pagosa Adventure.
- I will not hold Pagosa Adventure responsible for any losses and/or damages whether caused in whole or in part by negligent acts or omissions, intentional or reckless misconduct, or gross negligence of damages or losses caused by that individual to any vendor or supplier of service’s property. The participant will also be responsible for any additional personal expenses incurred for goods or services not included in activity pricing.
- I agree that Pagosa Adventure reserves the right to modify any flight or activity as needed, determine group participation size, mix parties to complete group, and/or change or switch participation areas in any manner without recourse.
- Pagosa Adventure reserves the right to refuse transportation, services and/or participation to persons under the influence of intoxicating agents. Or whose conduct is unsafe or is objectionable in attitude or action to other persons. Any and all activities may be stopped, and the individual may be left behind if these actions occur. These individuals will not be eligible for a refund or reimbursement of any kind. Pagosa Adventure will not be held responsible for the conduct of others that may or may not be participating in the hot-air balloon flight or in the area where the flight may take place. I understand and agree to all refund and payment policies for this trip.
- Each trip member is hereby permitted and agrees to permit any other member or members the right to photographic or film records of this trip or activity without recourse.
- I understand that the hot-air balloon flight that is being conducted solely by Pagosa Adventure and not by any or all sponsor(s) whose name may or may not appear on any portion of the balloon equipment or vehicles used during my participation in the activity. I will forever hold harmless, and indemnify any sponsors, the officers, employees, directors, shareholders, partners, owners, or agents, from any claims or liability in connection with the hot-air balloon flight.
*** The term of this form serves as a release and assumption of risk for my heirs, executors, administrators, legal representatives, and for all members of my family, including any minors who may or may not be accompanying me. I have carefully read and understand the above agreement to participate and waiver of responsibility. I certify that I am healthy and do not have any health concerns that would prevent me from safely participating in a hot-air balloon flight or tethered flight/ride. I understand that I have given up substantial rights by signing this document in its entirety and sign it voluntarily.
Personal information must be present to be considered for acceptance for participation. Information provided is kept strictly confidential and is considered critical for the safety of all flights or tethered flights. Having your accurate weight is VITAL to the flight, please carefully fill out each section.
Today's Date: March 21, 2023