Participant Release

In consideration of PALM SPRINGS AIR MUSEUM, and their employees, officers, owners, directors, affiliates, and related entities (collectively “PARTIES”), allowing the above listed participant (and such participant’s parent or legal guardian if participant is a minor) (“Participant”) to participate in aerial flight (including embarkation and debarkation) in Searman aircraft or any other aircraft (the “Activity”), Participant understands, accepts, represents, and agrees to the following:

  1.  Participant understands there are risks associated with participation in the Activity and use of the roads, parking lots, walkways, stairs and other areas of the Activity facilities and location, including but not limited to physical and/or psychological injury, slipping, falling, impacts, collisions, pain, suffering, economic loss, disfigurement, temporary or permanent disability, and death.  These and other serious injuries or outcomes may arise from Participants or other’s actions, inactions, or negligence and no amount of care, caution, instruction or expertise can eliminate these risks.  PARTICIPANT EXPRESSLY AND VOLUNTARILY ASSUMES ALL RISKS OF THE ACTIVITY, WHETHER KNOWN OR UNKNOWN, INCLUDING BUT NOT LIMITED TO RISK OF DEATH, PERSONAL INJURY, AND PROPERTY DAMAGE, SUSTAINED WHILE PARTICIPATING IN THE ACTIVITY, ANY ACTIVITIES INCIDENTAL TO THE ACTIVITY, AND WHILE TRAVELING TO AND FROM THE ACTIVITY, INCLUDING THE RISK OF ANY NEGLIGENCE OF THE PARTIES.
  2. PARTICIPANT AGREES TO FOREVER HOLD HARMLESS, RELEASE FROM LIABILITY,  AND WAIVE HIS/HER RIGHT TO USE THE PARTIES for any claims, loss, death, injuries or property damage caused by or resulting from participation in the Activity, participation in any activities incidental to the Activity, traveling to and from the Activity or use or access to the PARTIES’ premises, INCLUDING BUT NOT LIMITED TO INCIDENTS ARISING OUT OF CLAIMS OF THE PARTIES’ NEGLIGENCE. Participant further agrees for himself/herself and his/her heirs, assigns, survivors, and representatives to INDEMNIFY AND HOLD HARMLESS THE PARTIES from any and all claims, losses, or proceedings or any kind which may be initiated by Participant or by any other person or organization on Participant’s behalf as a result of or related to participation in the Activity, participation in any activities incidental to the Activity, or traveling to and from the Activity or use or access to the PARTIES’ premises, INCLUDING BUT NOT LIMITED TO INCIDENTALS ARISING OUT OF CLAIMS OF THE PARTIES’ NEGLIGENCE, and including but not limited to reimbursement of attorneys’ fees incurred by the PARTIES.
  3. PARTICIPANT AGREES THAT IF PARTICIPANT NEEDS MEDICAL TREATMENT as a result of participation in the Activity, any activities incidental to the Activity, or travel to and from the Activity, PARTICIPANT SHALL BE FINANCIALLY RESPONSIBLE FOR ANY COSTS INCURRED AS A RESULT OF SUCH TREATMENT. Participant is aware the PARTIES do not provide health insurance for Participant and that Participant should carry his/her own health insurance.

I am 18 years or older, or my parent or legal guardian has also signed below.  I have read this Participant Release document, and I am signing it freely.  I understand the legal consequences of signing this document, including (a) releasing the PARTIES from all liability, (b) waiving my right to use the PARTIES, and (c) assuming all risks of participating in the Activity, in any activities incidental to the Activity and in travel to and from the Activity.  I understand that this document is written to be as broad and inclusive as legally permitted by the State of California and shall be governed by the laws of the State of California. I agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms.  I AM AWARE THAT THIS AGREEMENT IS LEGALLY BINDING AND THAT I AM RELEASING LEGAL RIGHTS BY SIGNING IT.

 

_________________________________________________   _____________
Signature of Participant   Date

I am the parent or leagal guardian of the Participant.  I have read this Participant Release document, and I am signing it freely. I understand the legal consequences of signing this document, including (a) releasing the PARTIES from all liability on my and the Participant’s behalf, (b) waiving my and the Participants’ rights to sue the PARTIES, and (c) assuming all risks of Participant’s participation in the Activity, in any events incidental to the Activity, and in travel to and from the Activity.  I understand that this document is written to be as broad and inclusive as legally permitted by the State of California and shall be governed by the laws of the State of California.  I agree that if any portion is held invalid or unenforceable, the Participant and I will continue to be bound by the remaining terms.  I understand that I am responsible for the obligations and acts of the Participant as described in this document.  I agree to be bound by the terms of this document.  I allow the Participant to participate in the Activity.  I AM AWARE THAT THIS AGREEMENT IS LEGALLY BINDING AND THAT I AM RELEASING LEGAL RIGHTS BY SIGNING IT.

 

_________________________________________________   _____________
Signature of Parent or Legal Guardian of Participant (if Participant is a Minor)   Date

 

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