IN CONSIDERATION of being given the opportunity to participate in the DILLON AERO, INC./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. 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. 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. 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. 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. 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. ACKNOWLEDGE, that due to the significant eye injury risks present at the FBR (and potentially other Activity locations as well) that I shall use extensive and adequate eye protection (ex. wrap around) at all times while at the FBR (or at the Activity location). I will also use appropriate hearing protection.
7. HEREBY RELEASE, discharge, and covenant not to sue Dillon Flight Test, Inc., Dillon Aero, Inc., 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, agents, officers, volunteers and employees, other participating organizers, any sponsors, advertisers, and if applicable, owners and leasers of premises, on 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 on my account caused or alleged to be caused in whole or in part by the negligence 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 INDEMNIFY, SAVE, AND HOLD HARMLESS each of the Releasees, from any litigation’s expenses, attorney fees, loss, liability, damage, or costs whatsoever of any kind or nature which any Releasee may incur as a result of such claim.
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. Date: December 9, 2024 DillonAero 8009 East Dillons Way Scottsdale, AZ 85260 USA |