ACKNOWLEDGMENT OF INHERENTLY DANGEROUS ACTIVITY, WAIVER OF LIABILITY, AND HOLD HARMLESS AGREEMENT

 

Please read this carefully.  It affects the rights you may have if you or others suffer personal or property loss, injury, death, or other damages related to your participation in any Flight.

 

This Acknowledgment of Inherently Dangerous Activity, Waiver of Liability, and Hold Harmless Agreement (“Liability Waiver”) is entered into by the undersigned passenger, or as applicable the parent or legal guardian of passenger (“Passenger”), for the benefit of Inflight Holdings, LLC, a Minnesota limited liability company (“Company”).  In exchange for Passenger’s ability to participate in a discovery flight, participate in or be a passenger on any flight operated by the Company or with which any Company personnel is involved, or otherwise be a passenger in an aircraft owned or operated by the Company (collectively a “Flight”), Passenger agrees to the following terms and conditions:

 

1.               PASSENGER IS AWARE AND UNDERSTANDS THAT FLYING IS AN INHERENTLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. PASSENGER ACKNOWLEDGES THAT ANY INJURIES THAT ARE SUSTAINED MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF COMPANY. NOTWITHSTANDING THE RISK, PASSENGER ACKNOWLEDGES THAT PASSENGER IS VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE, ARISING FROM PASSENGER’S PARTICIPATION. 

 

2.               Passenger, for herself or himself and for every other person or entity claiming through Passenger, hereby RELEASES AND FOREVER DISCHARGES Company and its respective officers, directors, employees, contractors, shareholders, agents, representatives, and affiliates from any and all claims, demands, actions or causes of action on account of (1) any personal, property or other injury, damage, or loss, direct or indirect, to any person or entity and any person’s or entity’s property, or (2) any personal or bodily injury to Passenger, including, without limitation, death, which may occur during any Flight  or in any facilities used by Company except to the limited extent arising from the intentional, willful, or wanton acts, or other conduct amounting to more than orignary negligence, of Company (the “Claims”).  Passenger further agrees and covenants not to initiate any lawsuit or legal proceeding against Company relative to any Claims and agrees to fully indemnify and hold harmless Company, including without limitation for all losses, damages, liabilities, costs, attorneys’ fees and expenses, in the event Passenger, or her/his family, spouse, heirs, assigns, representatives, or successors pursues any Claim or if the Company has to take any action to enforce the provisions of this Liability Waiver. 

 

3.               Passenger ACKNOWLEDGES AND REPRESENTS that: (a) she or he has read the foregoing Liability Waiver, understands it and is signing it voluntarily; (b) Company has made no representations, statements, or inducements, apart from the foregoing release; (c) Passenger is at least 18 years of age and fully competent, or if not 18 years of age, has parental consent as evidenced by such parent or guardian’s signature below; (d) this Liability Waiver is executed for full, adequate and complete consideration; and (e) this Liability Waiver shall be binding and inure to the benefit of their respective successors and assigns. Passenger acknowledges that Company is one of many providers of discovery flight, pilot training,  and similar services and that for Passenger to participate in any such flights need not employ Company’s services or participate in a Flight involving the Company.

 

4.               Passenger agrees and acknowledges that the insurance carried by Company for any Flight shall be and provide her/his sole recourse against Company for all claims, losses, liabilities, attorneys fees, and expenses of any kind arising out of, or in any way connected with, the Flight which are not otherwise released by this Liability Waiver and, in no event, shall Company be liable to Passenger or her/his family, spouse, heirs, assigns, representatives, and successors for any amounts beyond the coverage provided by this insurance.   

 

5.               This Liability Waiver shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to the principles of conflict of laws, and Passenger irrevocably submits to the exclusive jurisdiction of any federal or state court located within Hennepin County, Minnesota over any dispute arising out of or relating to this Liability Waiver, any Flight or her/his interactions with Company.  

 

Agreed and Accepted: