PAAP Pilot Release and Waiver
  • PRIVATE AIRSTRIP ACCESS PROGRAM

    PILOT RELEASE AND WAIVER AGREEMENT
  • “RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
    PLEASE READ CAREFULLY!”

     

  • IN CONSIDERATION of the respective covenants and agreements hereinafter contained and for other good and valuable consideration, including the Released Parties (as defined hereafter) agreeing to my participation in the Private Airstrip Access Program (the “Program”), (the receipt and sufficiency of which are hereby acknowledged) it is hereby agreed as follows:

  • PARAGRAPH 1 - DEFINITIONS: As used in this Agreement, in any amendment hereof, in any documents to be executed and delivered pursuant to this Agreement and in any documents executed and delivered in connection with the completion of any activities contemplated herein, the following words and phrases shall have the following meanings respectively:

    1. "Aircraft" means the aircraft which I own or have permission to operate and hereunder and intend to be operating in when I Participate (as defined herein) in the Flight Activities (as hereinafter defined).
    2. "Airstrip" means any private land owned and/or operated by the Landowner (as hereafter defined) that is registered with the BCGA under the Program as updated from time to time and that I have received permission from the Landowner to use and do intend to use to Participate in the Flight Activities and includes, but is not limited to, any airstrip, aerodrome, landing pad, and/or field.
    3. "BCGA" means the British Columbia General Aviation Association and includes without limitation its employees, agents, servants, sponsors, and affiliated organizations. 
    4. "Flight Activities" means all activities involving me in any manner and of any nature whatsoever that occur with respect to my use of the Airstrip and shall include all times while the Airstrip is in use by me, including take-offs and landings in the Aircraft I am operating in, while the Aircraft is moving on the ground, and while it is parked on the ground, and whether one or more of its engines are running or off, and whether I am in the aircraft or outside of it, and whether I am entering it or exiting it. This shall further include all activities in which I am engaged from the time I arrive at the Airstrip until the time I leave the Airstrip, regardless of the time or location of those activities. Further, this “Flight Activities shall be deemed to include any violation of the Aviation Regulations and any other law and any action or failure to act of the Landowner, and any negligent, careless, or reckless act or failure to act of the Landowner, regardless of how gross or wanton, that in any manner affects any intended or actual flight by me using the Airfield, regardless of the time or times and the location or the locations at which any such violation or any such act or failure to act occurred. 
    5. "I" "my" and "me" means the undersigned and all for whom the undersigned my assert a claim, including without limitation, any parent, spouse, child, legal representative, heir/devisee or estate and includes the owner of the Aircraft if it is not the undersigned.
    6. "Landowner" means any owner or occupier of an Airstrip and includes any of his/her agents, servants, pilots, maintenance technicians, ground personnel and attorneys, all together and each separately.
    7. "Participate" and "Participation" in Flight Activities means my intention that I will be a Pilot in Command in the Aircraft using the Airfield as perfected by my taking any action in furtherance of doing so. It does not require that I must know and approve of the actual acts or failures to act which cause injury to me. In respect of any personal injury or property damage that occurs outside the aircraft it shall be conclusively deemed that I voluntarily participated in Flight Activities if I arrived at the Airfield, whether to take a flight or not. With respect to any personal injury or property damage that occurs inside the aircraft it shall be conclusively deemed that I voluntarily participated in Flight Activities if I boarded an aircraft to use the Airstrip.
    8. "Passenger Release" means the B.C. General Aviation Association: Private Airstrip Access Program Passenger Waiver and Release Form as updated from time to time and as made available to all BCGA members by the BCGA.
    9. "Released Parties" means the Landowner and the BCGA. 
  • PARAGRAPH 2 - RISKS OF INJURY OR DEATH: I understand and acknowledge that there are unavoidable and unprecedented dangers involved in the Flight Activities and use of the Airstrip as use of the Airstrip will entail various and changing conditions that are not always the way they are expected to function. Further, that use of an uncontrolled airfield for flight in an aircraft involves travel in three dimensions and such activity is subject to mishaps, injury or possibly even death.  

  • PARAGRAPH 3 - AIRSTRIP DANGERS: I understand and acknowledge the following concerning the Airstrip:

    1. it may be a short runway which is subject to strong, turbulent winds; that take off and landings may occur at higher than sea level elevation; that it may be wet at times, or contain ice and/or snow; that aircraft performance and compensation for pressure altitude are critical and that it may at times be in use by others;
    2. is not a public airport, that it is a privately-owned landing strip that it is uncontrolled, and that I have not been asked to use the airport and I am being entitled to use it solely for my own convenience and for only so long as such use is subject to the terms and conditions listed herein; and
    3. it has no lighting, it may contain or may be adjacent to certain dangerous objects, including, without limitation, buildings, power lines, trees, fences, hills, streams, rocks, hidden holes, uneven terrain, loose debris, poisonous snakes, wild, carnivorous or mad animals, defective fuelling equipment, and other natural and man-made objects that can cause an aircraft accident and/or an injury to me and/or my passengers and companions, and it may be unfenced, unmanned, unlicensed and not maintained.
  • PARAGRAPH 4 - PERMISSION REQUIRED: I understand and acknowledge that I must obtain prior express verbal or written permission from the Landowner prior to each time I use the Airstrip and that the Landowner may revoke permission at any time without any cause and for any reason and if revoked, I shall not use the Airstrip.

  • PARAGRAPH 5 - NO MEDICAL AID: I understand and acknowledge that the airstrip may be in a rural area and some kilometers from the nearest municipality and in the event of any accident, incident or medical emergency, that there is no fire support, ambulance, first aid, airport personnel, telephone or other means to assist and there will not be anyone who can give me immediate professional care and that a medically significant amount of time can elapse before any professional care will be made available to Me.  

  • PARAGRAPH 6 - DISCLAIMER OF WARRANTY: I acknowledge and agree that the Released Parties make no warranty of any kind to me and that the Released Parties disclaim all warranties, express or implied, by the Released Parties concerning the use of the Airstrip including, but not limited to:

    1. the Airstrip provided by the Released Parties is provided without any warranty that it is fit for use for any purpose whatsoever;
    2. the use of the Airstrip is provided without any warranty of merchantability; and
    3. the express permission of use of the Airstrip by the Released Parties is not a warranty that the airstrip is suitable for any purpose, but is merely an opinion.
  • PARAGRAPH 7 - INSURANCE COVERAGE: I HEREBY CERTIFY AND WARRANT: that the Aircraft maintains current and appropriate insurance coverage for the Flight Activities and for usage of the Airstrip and that the Aircraft’s insurer(s) have been advised of and approve the “off airport operations” of the Aircraft and use of the Airstrip.

  • PARAGRAPH 8 - AIRPORT INFORMATION PAGE AND CODE OF CONDUCT: I HEREBY CERTIFY AND WARRANT: that I have reviewed the Airport’s information page on the BCGA’s website and all other available information about the Airstrip, including but not limited to, any entry on the Canadian Flight Supplement, and read, understand, and shall adhere to the guidelines set forth by the Released Parties and the private airstrip use code of conduct contained thereon. Further, I acknowledge that an Airstrip may be added or removed from the Program at any time and I agree that I will review the BCGA website and Program information each time prior to using an Airstrip to ensure the Airstrip information is up to date.

  • PARAGRAPH 9 - PASSENGER WAIVER AND AGREEMENT: I HEREBY CERTIFY AND WARRANT: that prior to participating in any of the Flight Activities, I shall obtain a Passenger Release from each and every single passenger that is present during any of the Flight Activities hereunder and shall deliver the signed Passenger Release to the BCGA or Landowner upon request. I understand and acknowledge that it is my full responsibility to obtain a release from any and all of my passengers and that I may be liable to the Released Parties and/or any passengers if I fail to do so.

  • PARAGRAPH 10 - OWNER OF AIRCRAFT: I HEREBY CERTIFY AND WARRANT: that if I do not own the Aircraft, I have express permission and authorization to use Participate in the Flight Activities from the owner and that the owner is aware of and consents to my Participation in the Flight Activities and entering this Agreement.

  • PARAGRAPH 11 - PERSONAL INFORMATION: I HEREBY CERTIFY, REPRESENT AND WARRANT: that any personal information provided to the BCGA for the purpose of this Agreement, including my name and pilot license number, is true and accurate.

  • PARAGRAPH 12 - RELEASE AND DISCHARGE: I acknowledge and agree that the Released Parties make no warranty of any kind to me and that the Released Parties disclaim all warranties, express or implied, by the Released Parties concerning the use of the Airstrip including, but not limited to:

    1. I hereby forever release and discharge the Released Parties from any and all liabilities for claims, demands or causes of action in law and equity that I may hereafter have for injuries, for death and for other damages arising out of my and/or my Passengers and/or owners of the Aircraft’s Participation in Flight Activities, including, but not limited to, losses caused by the negligence, carelessness, recklessness, gross negligence or violations of any law or regulation by the Released Parties, or hidden, latent, or obvious defects in the ownership and maintenance by the Released Parties of the Airstrip as well as any reliance or use of the BCGA website or any other materials provided by or on behalf of the BCGA.
    2. If and when I Participate in Flight Activities, I further release and discharge the Released Parties, insofar as it is possible to do so under law and equity, from any duty of care whatsoever toward me, including any duty owed under the Occupiers Liability Act, R.S.B.C. 1996. This release and discharge from the duty of care includes a release from liability for any and all injuries caused to me and all damage to my property, including the Aircraft, even if I do not or cannot foresee or anticipate them at this time and even if the Released Parties can reasonably foresee them. This release from liability and discharge from duty is intended to be as full and complete a release from liability and discharge from any duty of care as it is possible to make under applicable law and is intended to be binding upon not only me, but also upon any other person who might otherwise be able to assert a claim, including without limitation any dependents or estate, in the event I am injured or killed.
    3. Without meaning to limit the generality of the foregoing, but rather to indicate my understanding of it, I intend this release to be from all liability for my wrongful death, for every type of injury to me, for all manner of pain and suffering to which I am subjected, for all psychological distress, for all permanent or temporary, total or partial paralysis or other disability, for all loss of earnings, for all my medical expenses, and for all loss of my enjoyment of life, and for all that I suffer as a consequence of these losses; this release also is intended to be a release from all liability for damage to any aircraft, including loss of an aircraft.
    4. I have been notified and I acknowledge that the Released Parties and Airstrip may not be covered by any personal injury, wrongful death, property damage or general liability insurance policy issued to the Released Parties or either one of them and that, even if there is such a policy, the actions of the Released Parties may void its coverage. I hereby discharge and release the Released Parties from any obligation to acquire or comply with the provisions of any insurance policy. I acknowledge and I agree that even if there is an insurance policy, this release will deny me any recovery for damages on account of the conduct of the Released Parties.
  • PARAGRAPH 13 - INDEMNITY AND HOLD HARMLESS: I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby agree to INDEMNITY AND HOLD THE RELEASED PARTIES HARMLESS from all claims, awards, judgments and costs, including reasonable legal fees, incurred or imposed as a result of any legal action brought against them or any of them, which arises out of my Participation in Flight Activities, including, but not limited to, a proceeding in any court of any jurisdiction or an arbitration proceeding, in which there is asserted any claim which is meant to be released or discharged by this Agreement.

  • PARAGRAPH 14 - TERM AND TERMINATION: I understand and agree the term of this Agreement shall commence on the date this Agreement is signed by me shall expire on the 31st day of December of this year, being the year in which I have signed this agreement, unless terminated by the BCGA in writing at its sole discretion.

  • PARAGRAPH 15 - GOVERNING LAW: This Agreement shall in all respects be subject to and be interpreted, construed and enforced in accordance with the laws in effect in the Province of British Columbia.

  • PARAGRAPH 16 - VALIDITY OF AGREEMENT: I understand and agree that this Agreement is subject to the following, and any failure by me to comply with the following invalidates this Agreement: (1) this Agreement shall be initialled and signed by me; (2) This Agreement shall be submitted to the BCGA in accordance with the BCGA Pilot’s Guide; and (3) I must receive a Program's Season Pass from BCGA as proof of my participating in the Program.

  • I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT AND BASED UPON MY INDEPENDENT EVALUATION OF ALL THE ABOVE I REAFFIRM MY VOLUNTARY ASSUMPTION OF ALL THE POSSIBLE RISKS AND DANGERS OF THE FLIGHT ACTIVITIES USING THE AIRSTRIP, WHETHER DESCRIBED ABOVE OR OTHERWISE, AND I AM PARTICIPATING IN THE FLIGHT ACTIVITIES OF MY OWN FREE WILL. I UNDERSTAND ALL THE ABOVE TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING AND ACCEPT THEM UNCONDITIONALLY.

     

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