Release Of Liability Form - Texas Flying Club

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Texas Flying Club
RELEASE OF LIABILITY FORM
Please read and initial all sections of this agreement.
Texas Flying Club, Inc.
Agreement to Waive Liability, to Assume Risk, and to Indemnify
In consideration of being permitted to participate in the Activities (as defined below) conducted by the Texas Flying Club, I
agree as follows:
1. Activities - I would like to participate in various activities related the Texas Flying Club, including but not limited to the
following activities: Riding as a passenger onboard an aircraft, boarding and disembarking the aircraft, and all related
activities.
2. Assumption Of Risk - I understand that flying in private aircraft necessarily entails the risk of bodily injury, death and
property damage from pilot error or other operational errors. In addition, flights could result in injuries from a combination
of factors including but not limited to: engine or mechanical failure, latent defects in the aircraft, negligent maintenance,
defects in runways, interference by wildlife or foreign objects, difficult search and rescue, unfavorable weather or terrain,
the possibility of contaminated fuel, hard or forced landing, turbulence, or other causes. Injuries that could result will vary,
but may include (a) minor injuries such as scratches, bruises and sprains, (b) major injuries such as eye injury or loss of
sight, joint or back injuries, heart attacks and concussions, and (c) catastrophic injuries, including paralysis and even
death. Notwithstanding these risks and other hazards that may be foreseeable but not specifically identified herein, I, for
myself, my heirs, personal representatives and assigns, understand, acknowledge, and expressly and voluntarily assume
all risks and full responsibility for any injury, death or property damages arising out of or related to the Activities.
3. Release, Discharge, and Agreement Not To Sue - I, for myself, my heirs, personal representatives and assigns, do
hereby release, discharge and agree not to sue the Texas Flying Club, and the officers, directors, members, employees,
agents, divisions, affiliates, and volunteers of the organization from any and all claims that we might otherwise have
against the Texas Flying Club, for any injury or death to the participant, or for any damage to our property, arising from,
but not limited to, participation in the Activities. This release, discharge and covenant not to sue shall relate to any and all
claims or legal rights now existing or arising in the future, including claims and legal rights arising out of any active or
passive negligence of the Texas Flying Club, and any other breach of a legal duty arising by common law, statute,
contract or otherwise.
4. Indemnification And Hold Harmless - I agree to indemnify and hold the Texas Flying Club harmless from, without
limitation, any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s
fees, incurred, brought as a result of or arising out of my involvement in the Activities and to reimburse the Texas Flying
Club for any such costs and expenses as they are incurred. I expressly acknowledge and agree that this duty to indemnify
and hold the Texas Flying Club harmless shall apply even under circumstances where the Texas Flying Club has acted in
a negligent or tortuous manner.
5. Acknowledgements and Full Release - I acknowledge that the Texas Flying Club has given me the opportunity to
discuss the provisions of this document with legal counsel, and that I have either had such discussions, or chosen not to
do so. I also acknowledge that I have been given the right to object to and bargain regarding any of these provisions, but
have voluntarily and knowingly chosen not to do so. I am freely and voluntarily signing this Agreement and intend that my
signature be the complete and unconditional release of all liability to the greatest extent allowed by law.
6. Severability - I expressly agree that these agreements are intended to be as broad and inclusive as is permitted by the
law of the State of Texas and that if any part of any provision is held to be invalid, it is agreed that the balance of the
provisions shall continue in full legal force and effect, notwithstanding such invalidity.
BEFORE SIGNING, READ THIS ENTIRE DOCUMENT VERY CAREFULLY. If an accident were to occur, you (by signing
this Agreement) would be giving up legal rights that you might otherwise have. In addition, you might be incurring legal
liabilities that you might not otherwise have. If you do not understand anything in this document, you should not sign it.
Instead you should consult with your legal advisor.
Participant’s Printed Name: _______________________________________________
Participant’s Signature: __________________________________________________
Date: __________________________
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