Assumption of
Risk, Waiver of Liability, and Indemnification Agreement
Andre Boucher and A&a
Balloon Rides, LLC
Notice: Please Read this Document carefully before
signing.
I understand that the hot air
balloon activities offered by A&a Balloon Rides, LLC can potentially be
dangerous, and involve the risk of injury or death to myself, and damage to my
property. I understand that such risks include, but are not limited to: (a)
loss of or damage to personal property; (b) bodily injury or fatality; and (c)
accident or illness in remote places without medical facilities. I understand
that no medical benefits will be provided to me during these ballooning
activities, and that I and/or my insurance shall be solely liable to pay for
any medical expenses incurred on my behalf.
I certify that I have no
physical or mental defect or medical defect or medical condition that prevents
me from participating in any hot air balloon activities, including but not
limited to pregnancy or heart, back, or altitude problems.
I agree to follow all
instructions of the pilot in connection with this hot air balloon activity. I
understand that my failure to do so may jeopardize my safety and the safety of
the pilot, other passengers, and other persons.
Being aware of
the risks involved, I am voluntarily applying to participate in hot air balloon
flights and associated activities operated by A&a Balloon Rides, LLC. I
understand that the waivers, indemnifications, releases, and assumptions of
risk herein contained are consideration and part payment for the right to
participate.
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Without limiting the
generality of the foregoing, I herby irrevocably release A&a Balloon Rides,
LLC, its employees, agents, representatives, contractors, subcontractors,
successors, heirs, assigns, affiliates, and legal representatives (the
“Released Parties”) from, and hold them harmless for, all claims, rights,
demands or causes of action whether known or unknown, suspected or unsuspected,
arising out of the ballooning activities, which I or my successors, heirs, or
assigns may have against the Released Parties in connection with ballooning
activities with A&a Balloon Rides, LLC, and I agree to make no claims
against or sue the Released Parties for injuries, death, or property damage
that is caused due to the ordinary negligence of the Released Parties or any
dangerous conditions of any property upon which the ballooning activities may
take place. I also agree to hold harmless, defend, and indemnify A&a Balloon Rides, LLC (that
is, defend and pay any judgment and costs, including investigation costs and
attorneys’ fees) from and all claims rights, demands or causes of action
whether known or unknown, suspected or unsuspected, arising out of the
ballooning activities, which any co-participants, rescuers, or others may have
against the Released Parties in connection with ballooning activities with A&a Balloon Rides, LLC, including those
arising from the inherent risks of ballooning activities or the ordinary
negligence of the Released Parties or any dangerous conditions of any property
upon which the ballooning activities may take place.
I HAVE CAREFULLY READ THIS
AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE
OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND A&A BALLOON RIDE, LLC, AND I
HAVE SIGNED IT OF MY OWN FREE WILL. I FURTHER ACKNOWLEDGE THAT MY QUESTIONS
REGARDING BALLOONING HAVE BEEN ANSWERED SATISFACORILY AND I HAVE BEEN BRIEFED
REGARDING PASSENGER SAFETY.
DATED: ___/___/_____ Witness: _____________________________
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Please Print Your Name Clearly
Please Sign your name