IN CONSIDERATION of being given the opportunity to participate in the DILLON AERO, DILLON MANUFACTURING, DILLON RIFLE COMPANY/DILLON FLIGHT TEST INC./DILLON PRECISION PRODUCTS INC. (“DILLON”) (name of Activity provided in the next section) held on (date of Activity provided in the next section) at the (name of/description of Activity location, ex. Flying Bucket Ranch (“FBR”), Ben Avery Range (“BAR”), Mad Dog Valley (“MDV”), etc. provided in the next section) I (“Participant”), for myself, my personal representatives, assigns, heirs, and next of kin: 1. I, ACKNOWLEDGE, agree and represent that I understand the nature of the activities taking place, and that I am in good health, and in proper physical condition to participate in such Activities. 2. I, FULLY UNDERSTAND that: (a.); ACTIVITIES SUCH AS SHOOTING AND/OR FLYING IN HELICOPTERS OR BEING IN THE VICINITY OF THESE ACTIVITIES INVOLVE RISKS AND DANGERS of serious bodily injury, including permanent disability, paralysis and death ("Risks"); (b.) these Risks and dangers may be caused by my own actions, or inactions, the Actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or the negligence of the Releases named below; (c.); there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the Activity. 3. I, AGREE AND WARRANT that I will examine and inspect each Activity in which I take part, if I observe any condition which I consider to be unacceptably hazardous or dangerous, I will refuse to take part in the Activity. 4. I, ACKNOWLEDGE, that there are hazards, known and unknown, to flying in private helicopter and fixed wing aircraft utilized for demonstrations, observational work or for special purpose missions which could cause death and/or serious personal injuries. Additionally, if the activity takes place at the FBR, I especially note that the FBR has numerous hazards, such as unimproved areas with steep grades, slippery and muddy/dirty/rock-strewn trails. The FBR has both natural and man-made hazards such as, but not limited to, unexploded ordnance, falling/crashing/burning aircraft/objects, roots, rocks, deep sand, logs, dirt, mud, sticks, trees, poisonous plants and venomous animals, old cables, debris, shrapnel, broken glass, etc. which could cause death and/or such injuries as, but not limited to, tripping, falling, crushing, abrasion, laceration, puncture, burns, blindness, poisoning, heat/sun stroke, hypothermia, gunshot injury, mosquito and tick born illnesses, etc. 5. I, ACKNOWLEDGE, that communications (such as cellular phone service) at the FBR are not reliable, that calls for emergency assistance from the FBR may not be possible, and that emergency medical services may not arrive at the FBR in a timely manner. 6. I, ACKNOWLEDGE, that due to the significant eye injury risks present at the FBR (and potentially other Activity locations as well) that I shall always use extensive and adequate eye protection (ex. wrap around) while at the FBR (or at the Activity location). I will also use appropriate hearing protection. 7. I, HEREBY RELEASE, discharge, and covenant not to sue, any right of action I may have, as well as, any actions brought on my behalf by my spouse, heirs, dependents, executors, administrators, or other personal representatives against Dillon Flight Test Inc., Dillon Aero, Dillon Manufacturing, Dillon Rifle Company, Dillon Precision Products Inc., The Flying Bucket LLC, the Flying Bucket Ranch, Dillon Optics Inc., Mad Dog Valley LLC, Spitfire Aviation LLC and their administrators, directors, members, managers, agents, officers, volunteers and employees, other participating organizers, any sponsors, advertisers, and if applicable, owners and lessors of the Aircraft I’m riding in or the activities that I am participating in or on the premises, at which the Activity takes place, (each considered one of the Releasees herein) from any and all liability, claims, demands, losses or damages of any kind or nature, including but not limited to bodily injury, death or property damage on my account caused or alleged to be caused in whole or in part by the negligence, actions or omissions of the Releasees or otherwise, including negligent rescue operations; and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL DEFEND, INDEMNIFY, SAVE, AND HOLD HARMLESS each of the Releasees, from any and all injuries of any kind, including property damage and/or serious bodily injury or death to my person, as well as, any claims, liabilities, actions, causes of action, equitable relief, demands, obligations, rights, damages, lawsuits, judgements, costs, attorney’s fees, court costs, expenses, and/or compensation loss, whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local government body or agency, arising out of, or in any way whatsoever, for any acts, omissions, negligence, or misconduct, as a result of such claim. 8. This HOLD HARMLESS and indemnification applies to and includes, without limitation, the payment of al penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses and any reimbursements for all legal fees, expenses, incurred by it. ENFORCEABILTY, SEVERABILTY, and REFORMATION. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreements is invalid or unenforceable, but that by limiting such provision it would become invalid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The intent of the Parties is to provide as broad a Hold Harmless and indemnification as possible under Arizona law. In the event the any aspect of this Agreement is deemed unenforceable, the court is empowered to modify this Agreement to give the broadest possible interpretation permitted under Arizona Law. APPLICABLE LAW. This Agreement shall be governed exclusively by the laws of the State of Arizona, without regard to conflict of law’s provisions. EXCLUSIVE VENUE and JURISDICTION. Any lawsuit or legal preceding arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought and if litigated in the federal and state courts of Phoenix, Arizona. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit they bring in any other jurisdiction or venue. I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect. Printed |