(“Agreement”)

This document affects important rights – read it carefully!

The Tucson Soaring Club (TUSC) is a charitable, nonprofit organization incorporated in the State of Arizona and approved under Internal Revenue Code 501(c)(3).

TUSC Activities: TUSC conducts a variety of aviation related activities and operations, including but not limited to soaring and gliding operations and training at the El Tiro Gliderport, Marana, Arizona and other soaring sites in the State of Arizona and from time to time, New Mexico, Utah, California and Colorado. Other activities include clinics and symposiums, safety seminars, ground schools, flight activities and ground operations involving TUSC owned aircraft and private aircraft, campouts, cook outs, and maintenance and upkeep of TUSC owned aircraft, the El Tiro Gliderport and all of its buildings and fixtures, and of remote airstrips and “land out” sites. All TUSC members are required (as part of their Member duties) or invited to participate in some or all of these activities.

In order to undertake the activities stated above without fear of lawsuits or liability in the event of an accident or mishap, TUSC requires that all participants and Members of TUSC read and sign this Agreement.

By your signature on this Agreement, you are assuming the risk of TUSC activities, and waive your legal rights to claim, sue or attempt to hold liable the parties being released for any injury, death or property damage sustained in connection with any activity related to TUSC or any activity sponsored or conducted by TUSC, including its Directors, Officers, Agents, Attorneys, Volunteers, Pilots, Towplane Pilots, Aircraft Maintenance Personnel, Subcontractors, Instructors, and all other Members, entities or participants in TUSC related activities.

Assumption of Risk: I understand that there are risks and dangers associated with my participation in TUSC related activities, including but not limited to emotional distress, motion sickness, physical discomfort, illness, accident, injury and even death, as well as the potential for personal economic loss and medical expenses. I hereby voluntarily accept and choose to encounter these and all other risks and dangers arising from or associated with my participation in these activities. These risks and any and all others related to TUSC, known or unknown, I undertake willingly and knowingly because I wish to engage in soaring, gliding and all other activities related to TUSC.

Release of Liability: I accept full responsibility for the safety of myself and my dependents or guests and understand that TUSC, its Directors, Officers, Agents, Attorneys, Volunteers, Pilots, Towplane Pilots, Aircraft Maintenance Personnel, Subcontractors, Instructors, and all other Members, entities or participants in TUSC related activities assume no liabilities for the protection or safety of me, or any aircraft, vehicle, pilot, passenger, ground personnel, instructor, or volunteer participating in soaring, gliding and any and all activities related to TUSC.

Hold Harmless: I agree to hold harmless TUSC, its Directors, Officers, Agents, Attorneys, Volunteers, Pilots, Towplane Pilots, Aircraft Maintenance Personnel, Subcontractors, Instructors, and all other Members, entities or participants in TUSC related activities. I do indemnify said parties for damage to personal property or injury to any person or persons arising from my participation in any TUSC related activities.

Certification of Good Health & Competency: I certify that I am in good health and have no physical, medical, mental, or emotional impairments, conditions, or concerns that might jeopardize or affect my safety, or the safety of others, related to my participation in activities related to soaring, gliding or TUSC. If a licensed or student pilot, I certify that all of my required currencies and medical certifications are up to date whether required by the Federal Aviation Administration, TUSC, or any other regulatory agency, and that I am qualified and fit to operate all relevant aircraft relating to my chosen level of participation in TUSC activities. I agree that I will make this self-certification prior to engaging in any TUSC activities, now or any time in the future.

This entire Agreement covers any and all claims by me or my heirs for any and all personal injuries, death, damages, attorney’s fees and court fees.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS ASSUMPTION OF RISK, RELEASE OF LIABILITY, HOLD HARMLESS AND CERTIFICATION OF GOOD HEALTH & COMPETENCY, AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE ON BEHALF OF MYSELF AND/OR MY HEIRS OR ASSIGNEES TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST THE TUCSON SOARING CLUB OR ITS DIRECTORS, OFFICERS, AGENTS, ATTORNEYS, VOLUNTEERS, PILOTS, TOWPLANE PILOTS, AIRCRAFT MAINTENCE PERSONNEL, SUBCONTRACTORS, INSTRUCTORS AND ALL OTHER MEMBERS, ENTITIES OR PARTICIPANTS IN TUSC RELATED ACTIVITIES. IF ANY ATTEMPT FOR CLAIM IS MADE, I UNDERSTAND I WILL BE RESPONSIBLE FOR ALL DEFENSE COSTS INCURRED BY ANY ALLEGED DEFENDANT, THIRD PARTY OR WITNESS.

Applicable Law, Forum & Attorney’s Fee: This agreement is governed by and shall be construed in accordance with the laws of the state of Arizona, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Activity shall be brought only in the a state or federal court located in Pima County, Arizona, and I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, I agree that the non-prevailing party will pay all attorney’s fees and costs of the parties seeking to uphold the agreement.