HOT AIR BALLOONING IS A DANGEROUS ACTIVITY. PLEASE READ THE FOLLOWING CAREFULLY. THIS AGREEMENT INCLUDES IMPORTANT INFORMATION AND RELEASES OF YOUR LEGAL RIGHTS.
This HOT AIR BALLOON PARTICIPATION AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT (“Agreement”) is made and entered into as of the date set forth below (“Effective Date”), by and between the undersigned participant or if the participant is a minor, the undersigned, signing as legal guardian of the minor, (“Participant”) and Tahoe Balloon Tour (d.b.a BALLOON NEVADA) their respective pilots, directors, shareholders, officers, managers, members, contractors, employees agents, attorneys, insurers, representatives, promoters, sponsors, any owners of land used for launching or landing, and each of their respective successors and assigns (collectively, “Service Providers”).
ARTICLE I: ASSUMPTION OF INHERENT RISKS; RELEASE
1. Acknowledgement of Risk of Injury or Death. By signing this Agreement, Participant recognizes and acknowledges that hot air balloon activities are dangerous and take place in an aircraft that can be influenced and controlled by wind and weather conditions at high altitude and involve certain risks including, but not limited to, hard or emergency landings, collision with obstacles on the ground or in air, and adverse weather-related incidents. Participant understands that such risks include, but are not limited to: (a) loss of, or damage to, personal property; (b) bodily injury or fatality; (c) accident or illness in remote places without medical facilities; and (d) all other risks explained to me in the pre-flight meeting. Participant further understands and acknowledges that there are risks associated with the preparation, take-off, flight, landing, pack-up and travel to or from the launch or landing areas. As a voluntary participant, Participant understands and accepts all of these and other risks associated with participation in hot air ballooning, no matter how remote or unlikely.
2. Age of Consent. Participant certifies being at least 18 years of age or older, or that the legal guardian and/or parent of the minor Participant using the services of the Service Providers has authority to sign this document on said minor’s behalf. If a legal guardian and/or parent is signing for a minor passenger, all waivers, releases, assumptions of risk, terms of agreement, representations, acknowledgments, and certifications apply equally to such minor.
3. Physical Condition. Participant (or Parent/Guardian) represents and warrants to Service Providers that Participant has no physical or psychological problems that would prohibit Participant from participating in the hot air balloon flight or a rough landing. Participant (or Parent/Guardian) has consulted a personal physician or has taken whatever steps deemed necessary to determine that Participant’s is in good health with no conditions that might limit participation in ballooning activities. Participant (or Parent/Guardian) understands that no medical benefits or services will be provided during these ballooning activities, and that Participant and/or Participant’s insurance shall be solely liable to pay for any medical expenses incurred on Participant’s behalf.
4. Agreement to Participation Rules. Participant (or Parent/Guardian on behalf of Participant) agrees that Participant will follow all instructions of the pilot in connection with this activity. Participant understands that failure to follow the instructions and rules of the pilot may jeopardize Participant’s safety and the safety of the pilot, other passengers, and other persons.
5. Release of Claims. In consideration for Participant’s participation in this activity, and with the intent to be legally bound, Participant (or Parent/Guardian), on behalf of Participant, and Participant’s heirs, executors, administrators, insurers, successors and assigns does hereby forever release, waive, and relinquish all claims Participant may have as a direct or indirect result of Participant’s participation in this activity and any and all activities relating to the services provided by Service Providers. Participant (and/or Parent/Guardian) hereby irrevocably releases all of the Service Providers, from, and hold each of them harmless for, all claims, rights, demands or causes of action whether known or unknown, suspected or unsuspected, arising out of the ballooning activities or any services provided by Service Providers, which Participant or Participant’s successors, heirs, or assigns may have against the Service Providers in connection with ballooning activities with the Service Providers, and Participant agrees to make no claims against or sue any of the Service Providers for injuries, death, or property damage, even if caused or due to the ordinary negligence of a Service Provider, or any dangerous conditions of any property upon which the ballooning activities may take place.
6. Expression of Authority; Indemnity. Participant expressly represents, warrants and confirms to Service Providers that the undersigned has the authority to sign and be bound by this Agreement. The undersigned understands that each Participant must sign their own version of this Agreement and that the undersigned cannot sign for other persons (other than as a Parent/Legal Guardian of a minor). The foregoing notwithstanding, in the event that this Agreement is signed on behalf of another person, all waivers, releases, assumptions of risk, terms of this Agreement, representations, acknowledgments and certifications apply equally to such persons. Participant acknowledges that Service Providers are relying on the representations made in this section with regard to the undersigned’s authority in allowing Participant to participate in the activities. In the event that any person for whom Participant has signed this Agreement on such person’s behalf or in their stead ever makes any claim or files suit against any Service Provider alleging that the undersigned did not have authority to sign this Agreement on their behalf, the undersigned Participant shall indemnify and hold Service Providers harmless from and against such claim or action, including, without limitation, payment of all attorney’s fees incurred by any Service Provider in connection with the claim or action.
ARTICLE II: GENERAL PROVISIONS
2.1 Severability. Participant expressly agrees that this Agreement is governed by the laws of the state in which the ballooning activities originated (California or Nevada) and is intended to be as broad and inclusive as permitted by such applicable law, and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
2.2 Venue. Participant agrees that if, in spite of this Agreement, legal action is brought regarding a claim, it must be brought only in the courts located in the County where the ballooning activities originated and further agree that the substantive laws of such state shall apply in any action brought.
2.3 Attorney Fees. Participant acknowledges that this Agreement is a contract and agrees that if a lawsuit is filed against the Service Providers for any injury or damage in breach of this Agreement, Participant will pay all attorney’s fees and costs incurred by Service Providers in defending such an action.
2.4 Entire Agreement; Participant understands that this is the entire Agreement between Participant and Service Providers and cannot be modified or changed in any way unless in writing by Participant and Service Providers.
THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT THEY HAVE SIGNED THIS AGREEMENT VOLUNTARILY AND UNDERSTANDS THE CONSEQUENCES OF THIS AGREEMENT AND THAT BY SIGNING THIS AGREEMENT, PARTICIPANT IS GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY OR DEATH.