In anticipation of my flight with Crater Air, LLC I acknowledge the inherent risks associated with any Crater Air activity, including but not limited to injury or death of you or your family members or damage to your property. Each person, whether they are a member, guest, or non-member participant, agrees to accept personal responsibility for their own safety and the safety of minors accompanying such persons. By acknowledging this agreement and confirming it’s submission, I will and do hereby assume all risks mentioned above and willfully release Crater Air, LLC, officers, directors, and/or members from any and all liability and claims of every kind and nature whatsoever, which may arise from or in connection with my participation in these activities. This agreement is intended to be legally binding.
In exchange for participation in the activity of Scenic Flight Tours, or other Aviation related activity that includes the action of flight organized by Crater Air LLC, of Klamath County, OR and/or use of the property, facilities and services of Crater Air, LLC, I agree for myself and (if applicable) for the members of my family to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow any instructions or direction given by Crater Air LLC or the employees/ representatives of Crater Air LLC during any point of our interaction and participation with Crater Air LLC be it in the form of ground transportation or during modes of flight. I understand that by not doing so I may jeopardize the safety of myself, my family, the pilot, or others.
2. ASSUMPTION OF RISK: I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Crater Air, LLC, or contracted parties for injury loss or damage arising out of my use or presence upon the facilities of Crater Air, LLC, whether caused by the fault of myself, my family, Crater Air, LLC, or other third parties. I will and do hereby assume the above-mentioned risks and will hold harmless Crater Air, LLC, officers, directors, members and any contracted providers from any and all liability and claims of every kind and nature whatsoever, which may arise from or in connection with my participation in activities including but not limited to flight preparation, take-off, landing, travel to or from take off or landing areas, or otherwise.
3. PHOTO RELEASE WAIVER. I hereby grant Crater Air permission to use my “Media” (defined as photograph, video, or other digital media) and Media with my likeness in a photograph, video, or other digital media (photo) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that by posting and tagging, using Crater Air by name, or any other related Crater Air social media connections, all Media may be used by Crater Air without additional permission or approval. I hereby irrevocably authorize Crater Air to edit, alter, copy, exhibit, publish, or distribute Media for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my Media and/or likeness with that Media appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. I hereby hold harmless, release, and forever discharge Crater Air from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
4. MEDICAL CONDITIONS. I understand that flying may increase risks for certain medical conditions and have consulted my personal physician to ensure flight will not effect any medical condition I may possess. I further understand that Crater Air employees are not medical professionals and cannot assess your physical or emotional condition. Crater Air advises anyone with a medical condition to consult their doctor before flying with us.
5. INFANT TRAVELERS. An adult passenger may carry, free of charge on his or her lap, one child under 2 years of age. WE STRONGLY SUGGEST BRINGING EAR PROTECTION FOR YOUR INFANT AS CRATER AIR MAY NOT HAVE SUITABLE EAR PROTECTION FOR CHILREN UNDER THE AGE OF 2.
6. INDEMNIFICATION. I agree to indemnify and defend Crater Air, LLC against all claims, causes of action, damages, judgements, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my and/or my families use or presence upon the facilities of Crater Air, LLC.
7. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Crater Air, LLC has offered to refund any fees I have paid to use its services and facilities if I choose not to sign this Agreement.
8. ARMS LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its previsions, the Parties and each of them, explicitly reject the application of any legal or suitable rule of interpretation which would lead to a construction either for or against a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
9. ENFORCEABILITY. If any part of this agreement is deemed invalid it does NOT affect the validity of any other provision of this Agreement.
10. DISPUTE RESOLUTION. All parties will attempt to resolve disputes relating to this agreement through good faith effort negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and any judgement may be entered upon it by any court having proper jurisdiction.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS. I CERTIFY THAT I AM 18 YEARS OF AGE OR OLDER.