HOT AIR BALLOON ACTIVITY AGREEMENT
Assumption of Risk, Waiver of Liability, Indemnification Agreement, and Photo Release
TSB Solutions, LLC dba Marvel Ballooning (hereinafter “Company”)
Please read the following carefully. Hot Air Ballooning is a dangerous activity. This Agreement includes important information and releases. Please ask your pilot if you have any questions about this Agreement.
I understand that the hot air balloon activities offered by Company are dangerous and involve the risk of injury or death to myself or any minors to whom I am waiving liability 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; (c) contraction of any communicable disease; and/or (d) injury or illness in remote places without medical facilities. I understand that large open areas are needed for the take-off and landing of the hot air balloon, and that such areas may be undeveloped, unimproved, and in an unsafe condition. I understand that the pilot, nor any member of his crew, is not my personal medical professional and cannot assess my physical, mental, or emotional condition. I have consulted my personal physician or taken whatever steps I deem necessary to determine that I am in good health with no conditions that might limit my participation in the hot air ballooning activities. I understand that no medical benefits will be provided to me during these hot air ballooning activities, and that I shall be solely liable to pay for any medical expenses incurred on my behalf.
I certify that I am 18 years of age or older, or that I am the parent and/or legal guardian of the minor passenger using the services of Company with authority to sign this document on said minor’s behalf. If I am signing for a minor passenger, all waivers, releases, assumptions of risk, terms of agreement, representations, acknowledgments, and certifications apply equally to such minor.
I certify that I have no physical defect, mental defect, medical defect, or medical condition that prevents me from participating in any hot air balloon activities, including but not limited to pregnancy, heart, back, or altitude problems.
I agree to follow all instructions of the pilot or their crew members 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. I further understand that I may be held personally liable for injuries sustained by others, including the Company, for my failure to follow instructions by the pilot or their crew members.
Being aware of the risks involved, I am voluntarily applying to participate in hot air balloon flights and associated activities operated by Company. I understand that the waivers, indemnifications, releases, and assumptions of risk herein contained are consideration and part payment for the right to participate.
I expressly, willingly, and voluntarily assume full responsibility for all risks of any and every kind involved with or arising from my participation in hot air balloon activities with Company whether during flight preparation, take-off, flight, landing, travel to or from the take-off or landing areas, or otherwise.
Without limiting the generality of the foregoing, I hereby irrevocably release Company, its owners, managers, 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 hot air ballooning activities, which I or my successors, heirs, or assigns may have against the Released Parties in connection with the hot air ballooning activities with Company, and I agree to make no claims against or sue the Released Parties for injuries, illness, death, or property damage that is caused due to the inherent risks associated with hot air ballooning or the ordinary negligence of the Released Parties or any dangerous conditions of any property upon which the hot air ballooning activities may take place.
I agree to hold harmless, defend, and indemnify Company (that is, defend and pay any judgment and costs, including investigation costs and attorneys’ fees) from any and all claims, rights, demands, or causes of action whether known or unknown, suspected or unsuspected, arising out of the hot air ballooning activities, which I or my successors, heirs, or assigns may have against the Released Parties in connection with the hot air ballooning activities with Company, including those arising from the inherent risks of hot air ballooning activities or the ordinary negligence of the Released Parties or any dangerous conditions of any property upon which the hot air ballooning activities may take place.
I also agree to hold harmless, defend, and indemnify Company (that is, defend and pay any judgment and costs, including investigation costs and attorneys’ fees) from any and all claims, rights, demands, or causes of action whether known or unknown, suspected or unsuspected, arising out of the hot air ballooning activities, which any co-participants, rescuers, or others may have against the Released Parties in connection with the hot air ballooning activities with Company, 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 hot air ballooning activities may take place.
Finally, I grant permission and consent for the use of any photographs, videos, voice records, or transcripts of any of these by Company, regardless of the source, for use in any legal activity including, but not limited to, publicity, copyright purposes, illustration, advertising, and web content. I agree that in consideration for the use of my likeness, the Company agrees to provide the services agreed upon.
This Assumption of Risk, Waiver of Liability, and Indemnification Agreement is the full, final, and entire agreement between the undersigned and the Released Parties regarding the matters herein addressed.
I agree to engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I agree that the issue will be submitted to binding arbitration. Such arbitration shall be conducted in accordance with the Arbitration Rules of the American Arbitration Association currently in effect. Costs associated with any mediation or arbitration shall be paid by the non-prevailing party.
I further agree that if any portion of this Hot Air Balloon Agreement (including Assumption of Risk, Waiver of Liability, Covenant not to Sue, Indemnification Agreement, and photo release) is held invalid, it is agreed that the balance shall, notwithstanding, shall continue in full legal force and effect.
BY SIGNING BELOW, I HEREBY CERTIFY THAT I HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT.
