WAIVER OF LIABILITY AND RELEASE
This Document Affects Your Legal Rights Please Read Carefully
I understand that traveling on an aircraft or being near and around aircraft necessarily entails a risk of grave bodily injury or death from pilot error or other circumstances. Aircraft flights can crash from mechanical failure, negligent maintenance, range and altitude limitations of aircraft, defects in runways and unimproved landing strips, interference by wildlife, limited or non- existent air traffic control and radar coverage, limited approach procedures to controlled airports, lack of instrument approach and departure procedures at airports of use, limited or non-existent search and rescue, unfavorable weather or terrain conditions, latent defects in aircraft or other modes of transportation, the possibility of contaminated fuel, hostile environment or government activities, terrorist acts, lack of sufficient security for aircraft and personnel, or other causes, or a combination of causes. I expressly agree to assume the risks inherent in traveling on an aircraft as part of the Above the Clouds, Inc. (Above the Clouds) program.
I understand and acknowledge that Above the Clouds does not assume any responsibility or liability for the safety of any participating aircraft, pilot or passengers, during any of the travel, flight operations, or other described activities that are in any way related to those specified in the literature provided to me prior to these travel activities. Above the Clouds has made no representations or warranties to me regarding any of these activities, and I have received no promises or other warranties from any of them that they assume any legal liability or responsibility for any accident, injury, mishap, occurrence, or other adverse event, which might occur during these activities.
By signing this Waiver and Liability Release, I am indicating that I fully understand and am aware of the risks referred to above and that, after consideration of those risks, I wish to fully assume those risks and participate in activities with Above the Clouds, including flying within an aircraft, without imposing any risk of liability on Above the Clouds or the referring agency.
Being fully informed of the risks of participating in activities with Above the Clouds, including travel on an aircraft, and having agreed to assume those risks, I, on behalf of my heirs, successors, assigns, agents, employees, legal guardians and representatives, hereby covenant and agree not to sue and release and forever discharge Above the Clouds and its directors, officers, volunteers, agents, attorneys and employees, and their families from any and all claims, debts, liabilities, demands, obligations, costs, expenses, actions and causes of action of any nature, character, and description, known or unknown, including personal injury and death, which I may now own or hold, or have at any time heretofore owned or held, or may at any time hereafter own or hold by reason of any matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done, in connection with my travel by aircraft or other vehicle to and from activities presently or hereafter sponsored or organized by Above the Clouds, its directors, officers, employees, members or volunteers.
I, on behalf of my heirs, successors, assigns, agents, employees, legal guardians and representatives, further agree to hold harmless and indemnify (reimburse) Above the Clouds and all other parties being released for any costs or attorney’s fees that may be incurred as a result of any challenge to this Waiver of Liability and Release, legal action brought in contravention of this Waiver of Liability and Release, and in litigation resulting from my injury, death or property damage, in connection with any activity with Above the Clouds.
I understand that this Waiver of Liability and Release will be construed in accordance with the laws of the Commonwealth of Massachusetts. I acknowledge and represent that I have read this Waiver of Liability and Release, and I acknowledge that I have signed it voluntarily as my own free act and deed and that no oral representations, statements or inducements, apart from the foregoing those stated in this document have been made to me.