RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
FOR HELICOPTER TOURS
IMPORTANT: READ BEFORE YOU SIGN.
YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS.
I desire to participate in a helicopter tour operated by Precision Aviation Solutions, LLC (“PAS”). I understand and acknowledge that this helicopter tour is voluntary, and that I am participating of my own free will. I further understand that, without my voluntary execution of this Agreement, PAS would not provide me with this helicopter tour. In consideration of PAS providing me with the tour, I agree as follows:
1. REPRESENTATIONS, WARRANTIES, AND ASSUMPTION OF RISK
I certify that I am physically and medically capable of participating in the helicopter tour and that I have voluntarily disclosed any medical or physical conditions that could affect my ability to safely participate. I understand that aviation activities involve inherent risks, including but not limited to equipment malfunction, weather changes, turbulence, adverse terrain conditions, negligent conduct of others, pilot error, and unforeseen emergencies. I knowingly and voluntarily assume all such risks, whether known or unknown.
2. EXEMPTION AND RELEASE FROM LIABILITY
I, on behalf of myself and my heirs, next of kin, assigns, executors, administrators, guardians, and legal representatives, hereby release, waive, discharge, and hold harmless Precision Aviation Solutions, LLC, and its owners, officers, employees, agents, contractors, affiliates, successors, assigns, and insurers from any and all liability, claims, demands, or causes of action, whether in contract, tort, or otherwise, arising out of or related to my participation in the helicopter tour. This release includes, but is not limited to, claims for personal injury, illness, property damage, emotional distress, or wrongful death.
3. COVENANT NOT TO SUE
I agree not to file or pursue any lawsuit, claim, or legal action against PAS or its representatives arising out of my participation in the helicopter tour. In the event any such action is filed in violation of this covenant, I agree that PAS shall be entitled to recover all legal fees, costs, and expenses incurred in defending such action, including appellate proceedings.
4. EMERGENCY PROCEDURES AND COMPLIANCE
I understand that PAS personnel will provide safety briefings and instructions prior to and during the helicopter tour. I agree to follow all instructions provided by PAS, including those related to safety procedures during boarding, flight, landing, and in the event of an emergency. I acknowledge that failure to comply with instructions may increase my personal risk, and I voluntarily assume all risks associated with non-compliance.
5. MEDICAL TREATMENT AND EMERGENCY CARE
I hereby consent to receive any medical treatment deemed necessary in the event of an emergency during the helicopter tour. I release PAS from any liability or claim arising out of medical treatment provided or not provided, including emergency response decisions made in good faith.
6. INDEMNIFICATION AGAINST THIRD-PARTY CLAIMS
I agree to indemnify, defend, and hold harmless PAS and its representatives from any claims, damages, losses, or expenses (including attorneys’ fees) brought by third parties arising from my actions, omissions, or failure to comply with instructions during the helicopter tour.
7. PASSENGER WEIGHT, SEATING, AND OPERATIONAL AUTHORITY
I acknowledge that accurate passenger weight information is required for aircraft weight and balance calculations and safe flight operations. I certify that the passenger weight information I have provided is accurate to the best of my knowledge.
I understand that Precision Aviation Solutions, LLC retains sole and final authority over passenger seating assignments, flight groupings, and aircraft configurations. Any requests to fly with specific passengers are not guaranteed and may be modified or denied based on aircraft weight and balance limitations, safety considerations, or operational constraints.
I further acknowledge that providing inaccurate or incomplete information may result in reseating, delayed participation, or denial of boarding without refund, and I release PAS from any liability arising from such decisions.
8. PERSONAL PROPERTY AND LOOSE ARTICLES
I understand that personal items, bags, cameras, purses, and loose articles are not permitted onboard the aircraft unless expressly approved by PAS. I assume all risk of loss or damage to personal property and release PAS from any liability related thereto.
9. PHOTO, VIDEO, AND MEDIA RELEASE
I grant Precision Aviation Solutions, LLC (“PAS”), its representatives, and assigns the unrestricted right to capture, use, reproduce, and publish photographs, video recordings, or other media of me taken in connection with my participation in the helicopter tour.
I understand that such media may be used for promotional, marketing, advertising, social media, website content, or other business purposes without further notice, compensation, or approval.
I hereby waive any right to inspect or approve the finished media and release PAS from any claims, demands, or liability arising out of or related to the use of such media, including any claims for invasion of privacy, right of publicity, or defamation.
10. WAIVER OF JURY TRIAL, APPLICABLE LAW, VENUE, AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. I waive any right to a jury trial. Any legal action arising out of this Agreement shall be brought exclusively in the Circuit or County Courts of Benton County, Washington, and I consent to such jurisdiction and venue.
11. SEVERABILITY
I agree that this Agreement is intended to be as broad and inclusive as permitted by law. If any portion of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12. NO ORAL REPRESENTATIONS
I acknowledge that I have not relied upon any oral representations, statements, or inducements apart from those expressly set forth in this written Agreement.
13. ACKNOWLEDGEMENT AND ELECTRONIC SIGNATURE
I have read and fully understand this Agreement. I understand that by signing this Agreement, I am releasing PAS from liability for injury or death arising from my participation in the helicopter tour. I confirm that I am signing this Agreement voluntarily and with full knowledge of its legal significance.
I agree that my electronic signature is legally binding and has the same force and effect as a handwritten signature.