Participant:
Parent/Guardian:
Parent/Guardian Current, Government-Issued Photo ID:
Participant, on his/her individual behalf, and Parent/Guardian, on behalf of Participant, acknowledge and agree, and as a condition of Participant being permitted to participate in events and activities of the Brookings Flying Club, Inc., (hereinafter “Club”) which may occur both on and off premises owned by the Club, including at the Brookings airport, to the following terms, conditions and waiver/release of liability:
1. Parent/Guardian grants permission to Participant to participate in Club events and activities. Participant and Parent/Guardian agree to indemnify, defend, and hold harmless Club, its volunteers, members, officers, directors, employees, agents, insurance carriers, invitees, guests, and representatives from all liability, claims, rights, or actions for injury, loss, or damages, including, without limitation, claims for personal injury, sickness, death, property loss, or damage, or any other loss of any kind whatsoever, known or unknown, arising out of or in connection with Participant’s participating in events and activities of the Club, to the maximum extent permitted by law. Notwithstanding the above indemnification, defense and hold harmless language, in the event of any injury for which a claim is made and liability is determined, Participant and Parent/Guardian specifically agree that any damages shall be limited to insurance coverage which Club may hold for its premises, activities and events, and expressly disclaim any right to recover consequential, punitive or non-economic damages related to any injury.
2. This waiver, hold harmless and release agreement applies to all activities, actions or conduct undertaken by any person related to Club events or activities and includes, without limitation, any and all damages incurred on Club property including all injuries, losses, or damages, including, without limitation, personal injury, death, and property loss. Participant and Parent/Guardian, acknowledge and understand that there are inherent risks with airplane hangars, aircraft and airports, and by signing this agreement, understand and acknowledge these risks. Participant and Parent/Guardian signatures below shall constitute express and irrevocable assumption of any and all inherent risks of participation in Club events and activities, including but not limited to, any and all risks which can be considered reasonably obvious, expected or necessary.
3. This waiver, indemnification and release also applies to any and all latent or unknown risks from participating in Club events and activities, including such risks which may not be readily ascertainable or have not been disclosed yet could result in injury or damage to a Participant or others. Participant and Parent/Guardian agree that the Club shall not be required to identify each and every hidden condition which could potentially cause injury, loss or damage. This waiver, indemnification and release shall apply regardless of the patent or latent nature of the defect or condition.
4. Parent/Guardian acknowledges that he/she may supervise Participant while participating in Club events and activities. Regardless of whether Parent/Guardian attends or actively supervises Participant, Parent/Guardian agrees that the Club shall not be liable for any failure by Parent/Guardian to adequately supervise Participant while participating in any Club events or activities, or in the event of any loss or damage resulting therefrom.
5. In anticipation of the potential risks and dangers of Participant participating in the Club’s events and activities, Participant and Parent/Guardian agree to release and forever discharge Club, its employees, volunteers, related parties or other organizations associated with the Club’s events and activities, from any and all liability, claims and demands, of whatever kind or nature, either in law or equity, which rise or hereafter may arise, from the participation of Participant in Club events and activities, including claims of negligence. Participant and Parent/Guardian understand and acknowledge that this Release discharges Club from any liability or claim they may have, known or unknown, with respect to bodily injury, personal injury, illness, death or property damage that may result from Participant’s participation in Club events and activities.
6. Participant and Parent/Guardian specifically authorize Club to take photographs, video or other media of Participant and Parent/Guardian attending or participating in Club events and activities and permits Club to use photos, video or media in news releases, on social media or in promotional materials.
7. Participant and Parent/Guardian acknowledge that Club reserves the right to modify, cancel or reschedule activities and events at any time, or to decline to permit a Participant to attend or participate in an activity or event, at any time and for any reason. In the event of cancellation or rescheduling, any refund or compensation, if any, shall be solely determined by the Club in its sole discretion.
8. Participant and Parent/Guardian represent that all information provided to the Club about Participant shall be true and correct in all material respects, and that Club shall be entitled to rely on all such information provided about Participant in permitting Participant to participate in Club activities and events. Participant and Parent/Guardian agree that they shall, at all times, abide by all applicable state and federal laws and regulations, all Club and event rules, all rules of the Brookings Airport, all directions or instructions from authorized Club representatives and all posted signage at the Airport or on Club premises.
PLEASE READ CAREFULLY
PARENT/GUARDIAN AND PARTICIPANT UNDERSTAND THAT THEY ARE FULLY RELEASING BROOKINGS FLYING CLUB, INC., FROM ANY AND ALL CLAIMS OR DEMANDS OF ANY NATURE WHICH MAY ARISE, EITHER DIRECTLY OR INDIRECTLY, OUT OF PARTICIPANT’S PARTICIPATION IN EVENTS AND ACTIVITIES OF THE CLUB, AND THAT ALL SUCH CLAIMS SHALL BE FOREVER BARRED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Dated:
