P-51 Waivers & Signatures

RELEASE, WAIVER AND ASSUMPTION OF RISK AGREEMENT FOR AIRCRAFT RIDE

THIS RELEASE, WAIVER AND ASSUMPTION OF RISK AGREEMENT, (“Agreement”)
executed this ___ day of ____________, 20__, by and between [FULL NAME OF RELEASING PARTY]_________________________________, an individual who resides at [_______________________________________________________________], (“Guest”), and Warriors In Need (WIN), a California nonprofit organization with its principal address at 1775 Avenida Cafe Camarillo, CA 93012, (“Released Party”). WHEREAS, Released Party is facilitating the Ride but is not the owner/operator of [AIRCRAFT # N514DK] (the “Aircraft”); WHEREAS, Guest has requested permission to ride in the aircraft (the “Ride”) operated by a
third-party aircraft provider; WHEREAS, Released Party is willing to provide Guest with a Ride in the Aircraft provided Guest is willing to accept the terms of this Agreement; and WHEREAS, Guest understands and agrees to assume all risks associated with the Ride; and
WHEREAS, Guest accepts the terms of this Agreement. NOW THEREFORE, Released Party and the Guest agree as follows:

1. THE RIDE. Released Party agrees to coordinate Guest’s participation in the Ride in the Aircraft
and Guest hereby agrees that the Ride is conducted subject to the following terms and conditions.

2. RELEASE PARTY WARRANTY. Released Party makes no representations or warranties about the aircraft, pilot qualifications, maintenance, safety, or operation of the Ride. Released Party does not control or supervise the third-party aircraft provider.

3. GUEST WARRANTIES. Guest warrants and acknowledges that:

a. I AM EIGHTEEN (18) YEARS OF AGE OR OLDER AND I MAKE THIS AGREEMENT INTENDING TO BIND MYSELF AND MY SPOUSE, HEIRS, ADMINISTRATORS AND ASSIGNS;

b. I HAVE READ THIS AGREEMENT, AND I AM FULLY AWARE OF THE LEGAL CONSEQUENCES OF SIGNING IT AND THAT I HAVE THE RIGHT TO CONSULT AN ATTORNEY BEFORE SIGNING;

c. I CERTIFY THAT I HAVE NO PHYSICAL OR MENTAL DEFECT OR MEDICAL CONDITION THAT PREVENTS ME FROM PARTICIPATING IN THE RIDE;

d. I CERTIFY THAT I HAVE ACCURATELY STATED MY CURRENT WEIGHT FOR FLIGHT PLANNING PURPOSES;

e. I UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH FLYING AND THE POSSIBILITY OF SERIOUS PHYSICAL HARM, INJURY BOTH PHYSICAL AND MENTAL, DISABILITY OR DEATH, AS WELL AS PROPERTY DAMAGE. I VOLUNTARILY AGREE TO ASSUME ANY DANGERS OR RISKS ASSOCIATED WITH SUCH ACTIVITIES AND THE ECONOMIC LOSSES THAT CAN RESULT FROM PARTICIPATION IN THIS RIDE;

f. I UNDERSTAND THAT AIRCRAFT ACCIDENTS CAN ARISE FROM MANY CAUSES INCLUDING BUT NOT LIMITED TO INADEQUATELY MAINTAINED AIRCRAFT, WEATHER, AND HUMAN FACTORS SUCH AS PILOT ERROR OR AIR TRAFFIC CONTROL ERROR. I ASSUME THE RISKS THAT THESE FACTORS PRESENT TO MY SAFETY WHILE FLYING; AND

g. I UNDERSTAND AND AGREE THAT THIS DOCUMENT IS LEGALLY BINDING AND WILL PRECLUDE ME OR MY ESTATE FROM RECOVERING MONETARY
DAMAGES FROM Released Party, ITS OFFICERS, VOLUNTEERS, OR THE AIRCRAFT PROVIDER FOR PERSONAL INJURY, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, OR ANY OTHER PERSONAL OR FINANCIAL INJURY SUSTAINED BY ME IN CONNECTION WITH THE RIDE.

4. RELEASE, HOLD HARMLESS AND COVENANT NOT TO SUE. In consideration of being provided a Ride in the Aircraft, Guest, for himself/herself and his/her spouse, legal representatives, heirs and assigns, hereby agrees as follows:

a. I hereby voluntarily assume the risk of any and all injuries, damages, losses, or liabilities that I may incur, including, but not limited to, serious bodily injury and/or death by participating in the Ride (“Damages”); and

b. I hereby forever release and discharge Released Party, its volunteers, officers, and the Aircraft Provider from any and all claims, demands, or causes of action for Damages that I may incur during or arising out my participation in the Ride, however caused, even if caused by the negligence (whether active or passive) of Released Party or the Aircraft Provider, to the fullest extent allowed by law; and

c. I will not sue or make a claim against Released Party, its volunteers, officers, or the Aircraft Provider, for Damages or causes of action that I may incur during or arising out my participation in the Ride, to the fullest extent allowed by law; and

d. If I or my spouse, executors, legal representatives and/or heirs violate this Agreement by filing such a suit or making such a claim, I will reimburse all reasonable attorneys’ fees, damages and costs incurred by the Released Party or the Aircraft Provider in such claim.

5. SEVERABILITY. This Agreement is intended to be as broad and inclusive as permitted by law and if any part of this Agreement is not enforceable, the affected provision shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, and the remainder of the Agreement shall continue in full force and effect.

6. MISCELLANEOUS. This Agreement contains the entire integrated Agreement between the parties hereto with respect to the matters covered herein. No variations, modifications or changes herein or hereof shall be binding upon either party hereto unless set forth in writing duly executed by such party.

7. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California. All disputes and matters whatsoever arising under, in connection with or incident to this Agreement shall be litigated, if at all, in and before a Court located in the State of California to the exclusion of the Courts of any other State or Country.

[NAME OF GUEST]
____________________________
Signature

ON BEHALF OF WARRIORS IN NEED (WIN)
____________________________
Signature

RELEASE AND WAIVER

THIS RELEASE AND WAIVER (“Release”) is made by (“Releasor”), in favor of D K WARBIRDS, INC., a corporation, its officers, directors, shareholders, agents, employees, contractors, and R. WILLIAM RHEINSCHILD III, and RICHARD L. PACK, individually and their respective successors and assigns (collectively, “Releasee”).

Releasee has agreed to provide Releasor with a recreational acrobatic air tour in a vintage P-51 “Mustang” aircraft. Releasor acknowledges that air travel in this type of aircraft, which will feature acrobatic maneuvers, will create serious risks and dangers for personal injury and/or death. Releasor hereby warrants and represents that Releasor is in excellent medical condition and is not subject to physical defects or infirmities of any kind which would render Releasor unfit for acrobatic air maneuvers or which would cause an acrobatic air tour to pose any material threat of physical or psychological harm to Releasor. Releasor hereby acknowledges that Releasor has had an adequate opportunity to consult with medical professionals to verify Releasor’s fitness for an acrobatic air tour.

In order to induce Releasee to provide the above-described acrobatic air tour, Releasor, for (himself/herself) and/or on behalf of any minor to whom Releasor shall make the acrobatic air tour available, hereby agrees to waive any Claims and Liabilities and to hold Releasee free and harmless, from and against any and all Claims and Liabilities arising out of, resulting from or associated with the acrobatic air tour. Releasor hereby acknowledges that Releasee would not agree to provide the acrobatic air tour unless Releasor agreed to this Release.

For purposes of this Release, “Claims” and “Liabilities” shall mean any and all claims, suits, demands, obligations, liabilities, indebtedness, breaches of contract, breaches of duty, or any relationship, acts, omissions, misfeasance, malfeasance, cause or causes of action, debts, sums of money, accounts, compensations, contracts, controversies, promises, damages, costs, losses and expenses, of every type, kind, nature, description or character, and irrespective of how, why, or by reason of what facts, whether heretofore, now existing or hereafter arising from or with respect to the acrobatic air tour, whether known or unknown, suspected or unsuspected, fixed or contingent, liquidated or unliquidated, each as though fully set forth herein.

In furtherance of this intention, Releasor expressly waives any and all rights conferred upon it by the provisions of California Civil Code Section 1542 and the provisions of any other applicable laws restricting the release of claims which the Releasor does not know of or suspect to exist at the time of executing this Release, and expressly consents, only with respect to Claims and Liabilities as defined herein, that this Release shall be given full force and effect according to each and all of its express terms and provisions.

California Civil Code Section 1542 provides:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”

Releasor hereby understands and acknowledges the significance and consequences of such release and specific waiver of California Civil Code Section 1542.

IT IS FURTHER HEREBY UNDERSTOOD AND AGREED that the acceptance of delivery of this Release by the parties released hereby shall not be deemed or construed as an admission of liability of any nature whatsoever by any party released by the terms hereof, and each such party hereby expressly denies liability of any nature whatsoever arising from or related to the subject of the within Release.

Releasor hereby acknowledges that Releasor has not relied upon any representation of any kind made by Releasee in making the foregoing release.

The laws of the State of California shall govern the interpretation, validity and enforcement of this Release.

DATED: 20__.

RELEASOR: