READ CAREFULLY – THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS In consideration for: (i) flying with and/or receiving directions, advice, recommendations, and/or service from KEITH DAVIS, an individual, and/or DAVIS AERO LLC, a Nevada limited liability company, doing business as NORTH TAHOE AVIATION, and/or the members, managers, officers, employees, affiliates, agents, contractors, volunteers, and other persons associated therewith (collectively, “NTA”); and/or (ii) my participation as a participant, volunteer, spectator, contractor, and/or vendor at any events organized, sponsored, or hosted by NTA, and related events or activities, (subsections (i) and (ii) together, the “Activity”), I HEREBY VOLUNTARILY AGREE to the following: 1) I AGREE to observe and obey all posted rules and warnings which may be present at the location of the Activity or given by NTA and to follow and abide by any verbal and/or written instructions or directions given by NTA about the Activity, if any. 2) I UNDERSTAND THAT THE ACTIVITY IS INHERENTLY DANGEROUS AND INVOLVES THE RISK OF PROPERTY DAMAGE, PERSONAL INJURY, SERIOUS BODILY INJURY, SERIOUS PERMANENT DISABILITY, AND EVEN DEATH. I expressly acknowledge that air transportation involves unique and heightened risks, including, but not limited to, aircraft malfunction, pilot error, weather conditions, terrain, remote landing zones, and emergency landings. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS associated with air transportation, whether incidental or primary, including risks arising from the ordinary negligence of NTA, to the fullest extent permitted by law. I AGREE that no representations, guarantees, or assurances regarding safety, suitability, weather, terrain, route selection, or operational decisions have been made, and that I am not relying upon NTA’s professional judgment as a guarantee of safety. I UNDERSTAND that aviation and guiding decisions involve subjective judgment and uncertain conditions. I FURTHER UNDERSTAND that some, but not all, of the risks associated with the Activity, both known and unknown, include, but are not limited to: plane crashes; pilot error; equipment failure; collisions with natural and manmade objects, other participants, and/or vehicles; encountering steep, rocky, loose, and/or uneven terrain as well as manmade and/or natural jumps; avalanches; dangers arising from surface hazards; inadequate safety equipment, and/or use of unfamiliar equipment and/or materials provided by the event organizer and others; weather; fatigue; exhaustion; dehydration; hypothermia; asphyxiation; drowning; head trauma; limited access to and/or delay of medical attention; negligence of others; my own negligence; etc., which may result in physical, mental, and/or emotional distress from exposure to any of the foregoing; pulled and/or torn muscles, ligaments, and/or tendons; broken bones; sprains; joint injuries; and/or other injuries and/or losses, including permanent disfigurement, disability, and even death. By signing this agreement, I EXPRESSLY AGREE TO ACCEPT ALL DANGERS AND RISKS ASSOCIATED WITH THE ACTIVITY, including those risks that are not expressly listed in this agreement, and including those risks that are both known and unknown to me, whether or not they are inherent risks. RECOGNIZING AND ACCEPTING THE RISKS, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITY. I EXPRESSLY ASSUME ANY AND ALL RISK OF PROPERTY DAMAGE, INJURY, AND/OR DEATH associated with my participation in the Activity and in traveling to/from the Activity. 3) I ACKNOWLEDGE THAT THE DESCRIPTION OF THE DANGERS AND RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY IS DANGEROUS AND MAY INCLUDE OTHER RISKS, INCLUDING, BUT NOT LIMITED TO THE ACTS, OMISSIONS, REPRESENTATIONS, CARELESSNESS, AND NEGLIGENCE OF NTA. RECOGNIZING THE RISKS AND DANGERS, I UNDERSTAND THE NATURE OF THE ACTIVITY AND I VOLUNTARILY CHOOSE TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF MY PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. 4) I ALSO ACKNOWLEDGE THAT DUE TO THE REMOTE LOCATION OF THE ACTIVITY MEDICAL ASSISTANCE WILL NOT LIKELY BE IMMEDIATELY AVAILABLE, AND THAT TRANSPORTATION TO A HOSPITAL OR OTHER MEDICAL FACILITY MAY TAKE MORE THAN A DAY, AND THAT THERE MAY BE DIFFICULTIES AND/OR DELAY WITH COMMUNICATION, TRANSPORTATION, AND/OR MEDICAL CARE. I AGREE THAT NTA MAY CALL FOR MEDICAL CARE FOR ME AND MAY TRANSPORT ME TO A MEDICAL FACILITY OR HOSPITAL, AND I CONSENT TO NTA PROVIDING ME WITH EMERGENCY CARE, IF, IN NTA’S SOLE OPINION, MEDICAL ATTENTION IS NEEDED. IN SUCH AN EVENT, I AGREE TO PAY ALL COSTS ASSOCIATED WITH SUCH MEDICAL CARE AND/OR TRANSPORTATION. 5) I UNDERSTAND AND AGREE that situations may arise during the Activity which may be beyond the control of NTA, and that I must participate in a manner so as to neither endanger myself nor others. I ACCEPT RESPONSIBILITY for the condition and adequacy of my equipment, any equipment provided for my use, and my conduct in connection with the Activity. I further represent that I have no physical or medical condition which would endanger myself or others during my participation in the Activity, or that would interfere with my ability to safely participate in the Activity. 6) In consideration for NTA allowing me to participate in the Activity, and with knowledge of the risks and dangers involved, I AGREE to: (1) ASSUME ANY AND ALL RISK OF PROPERTY DAMAGE, INJURY, AND/OR DEATH to me while engaged in, or as a result of participating in, the Activity, including traveling to/from the Activity; (2) WAIVE, RELEASE, and NOT SUE, MAKE ANY CLAIM, OR FILE ANY ACTIONS against NTA, or any of its operators, affiliates, members, managers, officers, employees, contractors, volunteers, staff, agents, representatives, other personnel, carriers, and insurers (collectively, the “Released Parties”) that are based on, arise or result from, in whole or in part, my attendance at or participation in the Activity, and, including, without limitation, claims arising out of or resulting from any STATUTORY DUTY (where legally permissible), BREACH OF CONTRACT, BREACH OF WARRANTY, and/or ALLEGED or ACTUAL NEGLIGENCE, to the fullest extent permitted by law, but specifically excluding claims based on gross negligence or willful misconduct, by any of the Released Parties; (3) HOLD HARMLESS, DEFEND, AND INDEMNIFY THE RELEASED PARTIES from and against any and all claims, demands, actions, causes of action, losses, or liabilities whatsoever arising from or related to the Activity, and any loss, damage, or injury, including death, that may be sustained by me, or caused to others or their property by me, or brought by me. I AGREE to pay all costs, including reasonable attorneys’ fees and disbursements, incurred by any Released Party in defending an investigation, claim, and/or suit brought on my behalf as a result of my presence at or participation in the Activity. I UNDERSTAND AND AGREE that by accepting these terms on behalf of any person other than myself, I am representing and warranting that I am legally authorized to execute this agreement as either the parent or legal guardian of that person, or that I have been given the express authority and permission from that other person to accept the terms and conditions on their behalf, and IFURTHER UNDERSTAND that by doing so I AGREE to PERSONALLY INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties from and against any and all claims brought by, against, or on behalf of any person on whose behalf I have executed this agreement, should they refuse to accept or carry out the terms and conditions of this agreement. Additionally, I AGREE that any claim must be brought in my individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. I FURTHER AGREE to hold harmless, defend, and indemnify NTA from any and all claims, damages, or expenses arising out of my actions that cause injury to other participants, volunteers, spectators, or property. I ACKNOWLEDGE that aviation operations are subject to federal regulation and expressly agree that alleged regulatory violations shall not, standing alone, constitute negligence or gross negligence in any civil claim, to the fullest extent permitted by law. 7) I UNDERSTAND AND AGREE that NTA does not provide medical, life, accident, or disability insurance for participants, and that any aviation insurance maintained by NTA is for NTA’s benefit only and does not create third-party beneficiary rights. 8) I AGREE that NTA may take and/or use photographs, videos, audio, and/or likenesses of me and/or my property, for trade, advertising, marketing, promotions, internet use, and/or any other purpose, print, digital, audio, or otherwise, without restriction or my approval. I HEREBY RELEASE NTA from any claim and/or liability relating to NTA’s right to take, use, alter, and/or composite said photographs, videos, audio, and/or likenesses. I UNDERSTAND AND AGREE that I will not receive any compensation, credit, and/or recognition for NTA’s use of such photographs, videos, audio, name, image, and/or likenesses. 9) This agreement contains the entire agreement concerning the subject matter of this agreement and supersedes any prior written and/or oral agreements. The provisions of this agreement cannot be waived, altered, amended, modified, revoked, or terminated, in whole or in part, without a subsequent written agreement specifically referring to this agreement and signed by all parties. This agreement shall stay in full force and effect until expressly revoked as provided herein, the terms, provisions, representations, and warranties contained in this agreement shall survive any revocation, and this agreement will inure to the benefit of and be binding on my heirs, personal representatives, assigns, and other successors in interest. This agreement shall be construed, interpreted, and enforced in accordance with, and governed by, the laws of the State of Nevada, except that this agreement will not be construed in favor of or against either party, but in a manner that is fair to all parties, and without regard to conflicts of law principles. I further agree that any mediation, arbitration, lawsuit, or other proceeding filed to enforce this agreement, or arising out of the subject matter of this agreement, shall be instituted and maintained only in the State of Nevada, County of Washoe, City of Reno. If any such action is removed to federal court for any reason, jurisdiction and venue shall be in the United States District Court for the District of Nevada in Reno, Nevada. I VOLUNTARILY AND IRREVOCABLY WAIVE ANY OBJECTION TO SUCH LAW AND JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY VOLUNTARILY AND IRREVOCABLY WAIVE ALL RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY AND ALL CLAIMS ARISING FROM OR RELATED TO ANY ACTIVITY, INCLUDING FOR INJURY TO PERSON, DAMAGE TO ANY PROPERTY, AND/OR DEATH. If any term of this agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability. All other terms shall remain in full force and effect, and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. 10) By signing this agreement, I, UNDER PENALTY OF FRAUD, REPRESENT that I am at least 18 years of age, or that I am under 18 years of age and expressly authorize my parent and/or guardian to execute this agreement on my behalf, and that I am mentally sound and have capacity to enter in this agreement. Participants under the age of 18 years are required to have a parent or legal guardian read and sign this agreement. I ACKNOWLEDGE that I have had an opportunity to review this agreement with independent legal counsel and have exercised that right to the extent deemed necessary. I FURTHER ACKNOWLEDGE that I enter into this agreement of my own free will and accord, voluntarily, without coercion, duress, or undue influence from any source. Therefore, I AGREE to be bound by the terms of this agreement. This agreement shall be binding to the fullest extent permitted by law and shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives. I HAVE READ AND UNDERSTAND THE FOREGOING RELEASE OF LIABILITY, WAIVER OF CLAIMS, WARNING, ASSUMPTION OF RISK, INDEMNITY, AND CONSENT TO MEDICAL TREATMENT/TRANSPORT AGREEMENT AND I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I AM VOLUNTARILY WAIVING CERTAIN LEGAL RIGHTS AND THAT I AM PHYSICALLY FIT AND SUFFICIENTLY TRAINED TO PARTICIPATE IN THE ACTIVITY AND MY PARTICIPATION IN THE ACTIVITY IS VOLUNTARY. Today's Date: February 20, 2026 |