WAIVER of LIABILITY AND RELEASE - Please Read Carefully
This document affects your legal rights.
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, failure to obey safety procedures 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) programs.
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 and activities in and around airplanes or while participating in Above the Clouds 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. Furthermore, Above the Clouds does not assume any responsibility or liability for safety during travel to or from an Above the Clouds activity or event.
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.
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, and actions and causes of action of any nature, character, and description, known or unknown, including personal injury and death.
Furthermore, I agree to hold harmless and indemnify (reimburse) Above the Clouds and all other parties being released for any costs or attorney’s fees or legal action that may be incurred as a result of any challenge to this Waiver of Liability and Release. I understand that this Waiver of Liability and Release will be construed in accordance with the laws of the Commonwealth of Massachusetts.